Criminal law Flashcards
Criminal Law
Duty to Act
- Legal duty to act can arise from:
a. a statute
b. relationship between defendant and victim
c. voluntary assumption of care for the victim
d. creation of peril by defendant
Criminal Law
Possession
- Control long enough to have had opportunity to terminate possession
- located in an area within def’s control
- Knowing - must be aware of its location - need not know of its illegality
- If knowingly is mens rea - must know identity and nature of the item
Criminal Law
Conspiracy Elements
a. agreement between two or more
b. intent to enter the agreement
c. intent by two to achieve the objective
d. overt act - could be preparation
- modern - only one need have genuine criminal intent
- common law - both
Criminal law
Wharton rule
- Must be more parties than required for the crime
- Unless second party not provided for?
Criminal law
co-conspirators crimes
- can be liable if crimes
a. committed in furtherance
b. were foreseeable
Criminal Law
Felony murder
elements
theories
- Elements
a. death caused in the commission of or in attempt to commit a felony
b. generally the death must have been foreseeable
c. before commission ended
d. conduct must be “but for” and proximate cause. - Theories
a. Proximate cause - liable for death caused by someone other than a co-felon
b. agency - must be committed by him or his agent
Criminal Law
Rape
Lack of effective consent
- lack exists where:
a. actual force
b. threats of great and immediate bodily harm
c. incapable of consent - unconscious, mental condition
d. fraud - caused to believe act not intercourse - - fraud - lying about relationship is not fraud, or who you are
Criminal law
Larceny
Elements
Possession
- elements
a. a taking (obtaining control)
b. carrying away
c. of tangible personal property
d. of another
e. by trespass, w/o consent or by consent thru fraud
f. with intent to permanently deprive - If defendant had possession, not larceny, could be embezzlement, etc.
Criminal Law
embezzlement
- Elements
a. fraudulent
b. conversion - dealing w/ property inconsistent w/ the circumstances by which def. had possession
c. of personal property
d. of another
e. by person in lawful possession. - not embezz if intends to restore exact property
- cannot take money w/ intent to return money - legal fiction, not identical property
- Claim of right is a defense.
Criminal law
False pretenses
- obtaining title by intentional fraud w/ intent to defraud
- larceny by trick - trick into giving up mere custody. If victim gives up title, false pretenses
Criminal law
Receipt of stolen property
- possession and control
- of stolen personal prop
- known to be stolen
- with intent to permanently deprive owner
- must be stolen when received, can no longer be used permissibly.
- police sell property as stolen, attempt, not receipt of stolen, owner is allowing
Criminal law
Burglary
- Elements
a. breaking - creating opening, fraud, intimidation
b. entry
c. of a dwelling
d. of another
e. at night
f. w/ intent to commit a felony - Modern - eliminates technicalities
Criminal Law
Insanity
MPC test
- Due to mental disease or defect lacked substantial capacity to:
a. appreciate the criminality of his conduct
b. conform his conduct to the requirements of the law
Criminal Law
Insanity
McNaughten test
- Disease of the mind caused a defect of reason, such that lacked ability to either:
a. know the wrongfulness of his actions
b. understand the nature and quality of his actions
