Criminal Law Flashcards
Bob, standing in California, shoots a high-powered rifle across state lines into Arizona and kills someone. Which state has jurisdiction over the crime?
Both. CA = conduct; AZ = result
Is there merger of crimes in American law?
Generally, no.
_____________ and ___________ do merge into the substantive offense. Thus, if you have completed that crime, you cannot be convicted of _____________________________.
Solicitation & attempt; attempting to commit the crime
Conspiracy does NOT merge into the substantive offense. Thus, you _______ be convicted of conspiring to do something and doing it.
Can
An act can be any bodily movement - but the act must be a _______________.
Voluntary act
Examples of bodily movements that do not qualify for criminal liability:
(1) Conduct which is not the product of your own volition;
(2) A reflexive or convulsive;
(3) An act performed while you are unconscious or asleep.
You are standing waiting for a train when someone pushes you into a 3rd person, who then falls in front of the train, is run over and killed. Would you be held criminally liable?
No. No voluntary act because was pushed.
Generally there is no legal duty _________ but sometimes there is a ________________.
To rescue; legal duty to act
A legal duty to act can arise in one of five circumstances:
(1) By statute
(2) By contract
(3) Because of the relationship between the parties
(4) Because you voluntarily assume a duty of care and fail to adequately perform it
(5) Where your conduct created the peril
Shaq has a party on the lake at his lake lot. Everyone suddenly notices a man flailing in the lake, as if he is about to drown. Shaq tells everyone that he’ll save the man, and he dives into the lake. Shaq swims out to the man and sees that the drowning man is Kobe. Kobe says, “Help all of my championship rings are weighing me down, and I’m drowning.” Shaq says, “That’s terrible - hasta la vista baby,” and then swims back. If Kobe drowns, does Shaq have any criminal liability?
Yes because he assumed a duty to act by saying he would save him.
Dr. Evil has a pool party and is showing off his fancy new laser pointer. He flashes the laser pointer into Austin’s eyes, and Austin falls into the pool. Austin cannot swim, and Dr. Evil decides to laugh, rather than do anything to save Austin. Will Dr. Evil face any criminal liability in this situation?
Yes because he created the problem.
4 Common Law Mental States of a Crime:
(1) Specific intent crimes;
(2) Malice crimes;
(3) General intent crimes;
(4) Strict liability crimes
The importance of specific intent crimes is that they will qualify for ______________ not available for other types of crime.
Additional defenses
Specific Intent Crimes
Students Can Always Fake a Laugh, Even For Ridiculous Bar Facts
(1) Solicitation
(2) Conspiracy
(3) Attempts of any crime
(4) First degree murder
(5) Assault
(6) Larceny
(7) Embezzlement
(8) False pretenses
(9) Robbery
(10) Burglary
(11) Forgery
Type of crime that doesn’t have to be for a specific purpose; reckless disregard of high risk.
Malice Crimes
On the bar exam, there are only 2malice crimes:
(1) Murder; and
(2) Arson
General wrongful intent.
General Intent Crimes
General intent is the big catch-all category. All crimes that are not specific intent or malice crimes unless they qualify for _________________.
Strict liability
Most common general intent crimes:
Rape & battery
I want to kill the woman wearing the Barney the Dinosaur shirt. I pull out my gun, fire it at the woman in the Barney shirt, but the shot misses her and instead hits and kills the woman in the Dora the Explorer shirt sitting behind her. Am I guilty of murder? Why or why not? If so, can I be charged with two crimes?
Yes, guilty of murder because of transferred intent. The intent was to kill one woman, so transferred to the one you did kill.
Can be charged with murder AND attempted murder (no merger!).
No intent crimes.
Strict liability crimes
The importance of strict liability on the bar exam is that any defense that _________________ cannot be a defense to the no intent crimes of strict liability.
Negates intention
Strict liability crimes are the ______________ crimes.
No intent
If the crime is in the administrative, regulatory, or morality area and you don’t see any adverbs in the statute such as ______________, _______________, or _________________, then the statute is meant to be a no intent crime of strict liability.
Knowingly; willfully; intentionally
Linda was 15 years old, but she appeared and acted older. When asked, she always said she was 22, and she carried false identification saying she was that old. She frequented taverns and drank heavily. One evening in a bar she became acquainted with Duke. He believed her when she told him her claimed age. They had several drinks and became inebriated. Later, they drove in Duke’s car to a secluded spot. After they necked for a while, Duke propositioned Linda and she consented. Before Duke achieved penetration, Linda changed her mind saying, “Stop! Don’t touch me! I don’t want to do it.” When Duke did not desist, Linda started to cry and said, “I am only 15.” Duke immediately jumped from the car and ran away. Duke was indicted for, among other crimes, contributing to the delinquency of a minor. The age of consent int he jurisdiction is 16.
If the indictment above were based on a statute reading, “Whoever shall commit an act affecting the morals of a minor under 16 years of age shall be deemed guilty of contributing to the delinquency of a minor and shall be punished by imprisonment in a state penitentiary for a period not to exceed 5 years.”
Duke’s best legal defense would be that:
(A) The statute is unconstitutionally vague.
(B) Linda, the woman in question, consented to his actions.
(C) He was entrapped by Linda’s appearance.
(D) He did not intend to contribute to her delinquency.
(A) The statue is unconstitutionally vague.
(B) is not a defense, so irrelevant. (C) is a legal defense, but has to be a law enforcement officer. (D) doesn’t matter because of strict liability.
Linda was 15 years old, but she appeared and acted older. When asked, she always said she was 22, and she carried false identification saying she was that old. She frequented taverns and drank heavily. One evening in a bar she became acquainted with Duke. He believed her when she told him her claimed age. They had several drinks and became inebriated. Later, they drove in Duke’s car to a secluded spot. After they necked for a while, Duke propositioned Linda and she consented. Before Duke achieved penetration, Linda changed her mind saying, “Stop! Don’t touch me! I don’t want to do it.” When Duke did not desist, Linda started to cry and said, “I am only 15.” Duke immediately jumped from the car and ran away. Duke was indicted for, among other crimes, contributing to the delinquency of a minor. The age of consent int he jurisdiction is 16.
If the indictment above were based on a statute reading, “Whoever shall commit an act affecting the morals of a minor under 16 years of age shall be deemed guilty of contributing to the delinquency of a minor and shall be punished by imprisonment in a state penitentiary for a period not to exceed 5 years.”
With respect to the contributing charge under the statute set out above, proof by Duke that he was so inebriated that he could not have formed a criminal intent would be a:
(A) Good defense, because the charge requires a specific intent.
(B) Good defense, because at least a general criminal intent is required for every offense.
(C) Poor defense, because contributing to the delinquency of a minor is an offense against a child.
(D) Poor defense, because the state of mind of the ∆ is irrelevant to this offense, so long as he was legally sane.
(D) Poor defense, because the state of mind of the ∆ is irrelevant to this offense, so long as he was legally sane.
(A) is incorrect because it is a strict liability crime. (B) is incorrect for strict liability because no intent is required. (C) is true, but irrelevant.
Model Penal Code Mental States:
(1) Purposely;
(2) Knowingly;
(3) Recklessly;
(4) Negligently
Purposely: One acts purposely when it is his ______________ to engage in a certain conduct or cause a certain result.
Conscious objective
Knowingly: One acts knowingly when he is ________ that his conduct will very likely cause the result.
Aware
Recklessly: One acts recklessly when he _________________ a _____________ and ________________ risk.
Consciously disregards; substantial; unjustifiable
Negligently: One acts negligently when he fails to be aware of a ____________ and _____________ risk.
Substantial; unjustifiable
An accomplice is one who _______, ___________, or ___________ the principal in the commmission of the crime charged.
Aids; advises; encourages
Accomplices must also have the requisite __________ that the crime be committed.
Intent
Accomplices are liable for ________________ and all other _________________.
The crime itself; foreseeable crimes
Newman is standing outside of a bank chatting on his cell phone. He sees a van screech to a halt, and 5 masked men jump out and run past Newman into the bank. Newman ends his phone call, pulls out a bag of popcorn, and watches as one of the masked men shoots a gun into the air and yells, “This is a robbery, everybody get down!” Newman laughs as he watches the robbery take place, and then later waves to the men as they leave the bank and speed away in the van. Newman never called the police. Does Newman have any criminal liability as an accomplice?
No. Not enough for aiding/encouraging (passive enjoyment is not enough)
IF a person encouraged the crime, the person must __________ the encouragement in order to withdraw.
Repudiate
If the person aided by providing assistance to the principal (such as giving materials), he must do everything possible to ______________ this assistance (such as attempting to retrieve the materials) in order to withdraw.
Neutralize
An alternate means of withdrawing is to _______________________.
Contact the police in a timely manner (before the crime)
Inchoate means _______________.
Incomplete
There are 3 inchoate offenses:
(1) Solicitation;
(2) Conspiracy; and
(3) Attempt
Rule: Solicitation is _________________________. The crime of solicitation ends when ________________.
Asking someone to commit a crime; you ask them
Note that under the common law, it is not necessary that the person solicited _____________________.
Agree to commit the crime
What if the person you ask to commit the crime agrees to do it? Then it becomes ________________ and the solicitation merges and the only crime left when the other person agrees to do it is _________________.
Conspiracy; conspiracy
Note: _____________________ is no defense to solicitation.
Factual impossibility
Rule: Conspiracy is an agreement, with an intent to agree, and an intent to pursue ________________________.
An unlawful objective
Kramer buys a new “Super Spy Set” and wants to try it out. He and George agree to break into Kramer’s house at midnight with their new tools, grab some silverware and go pawn it. They dress in black clothes and black ski masks, get a ladder, pop the latch on a second floor window with a tool from the super spy set, and enter the house. They then grab some of Kramer’s silverware from the kitchen and pawn it at an all-night pawn shop. Is this a conspiracy?
No because it is not unlawful for Kramer to break into his own house and pawn his own stuff.
Conspiracy does NOT merge with the substantive offense. On the bar exam you ________ be convicted of conspiring to do something and doing it.
Can
Liability for co-conspirators’ crimes: Each conspirator is liable for ALL the crimes of co-conspirators if those crimes were committed __________________ and crimes were ________________.
In furtherance of conspiracy; foreseeable
Agreement requirement for conspiracies: The agreement ___________________. Intent can be ____________________.
Need not be express; inferred from conduct
Bilateral approach: The traditional (common law) rule required two guilty parties. Thus, under this approach, if one person (in a two-party conspiracy) is merely feigning agreement, the other person ___________ of conspiracy. Furthermore, the acquittal of all persons with whom a ∆ is alleged to have conspired _____________ of the remaining ∆ under this approach.
Cannot; precludes
Unilateral approach: The modern trend (the MPC approach) requires that ________________ have a genuine criminal intent.
Only one person
The majority rule is that in order to ground liability for conspiracy there must be an agreement plus some __________ in furtherance of the conspiracy. The minority rule and the common law rule grounded liability for conspiracy with ___________________.
Overt act; the agreement itself
If you are operating under the majority rule that requires an agreement plus an overt act, _____________ will do to be an overt act in furtherance of conspiracy, even an act of __________________.
Any little act; mere preparation
Notes on the MBE regarding majority and minority rules: Always apply the majority rule __________________________.
Unless specifically told to do otherwise
Factual __________ is no defense to conspiracy.
Impossibility
Withdrawal, even if it is adequate, can never relieve the ∆ from liability for the conspiracy itself. The ∆ can withdraw from liability for the other conspirators’ __________________. But he cannot withdraw from this conspiracy.
Subsequent crimes
Derek and Hansel agreed to break into Matilda’s house in order to get money for their School for Kids Who Can’t Read Good. They were arrested shortly after they pried open Matilda’s back door and entered the house. Both were charged with conspiracy to commit larceny, among other crimes. Derek testified that he had long suspected Hansel of being a thief, and that he agreed to the plan in order to catch Hansel, and that he had made an anonymous telephone call to the police alerting them to the crime, enabling the police to arrest them “in the act.” Derek also testified that he did not intend to keep the money. Hansel did not testify. The jurisdiction follows common law conspiracy rules.
As to the charge of conspiracy to commit larceny, if the jury believes Derek, it should find him:
(A) Not guilty, because he did not intend to steal.
(B) Not guilty, because he prevented the theft from occurring.
(C) Guilty, because there was an agreement, and the prying open of the back door was sufficient for the overt act.
(D) Guilty, because he is not a police officer, and thus cannot claim any privilege of apprehending criminals.
(A) Not guilty, because he did not intend to steal.
(B) is not relevant. (C) is incorrect because there was never really an agreement. (D) is true, but irrelevant.
Rule for Attempt: (1) Specific intent plus (2) _____________ in furtherance of the crime.
An overt act
For purposes of attempt, the overt act must be a __________________ in furtherance of the commission of the crime, thus, _________________ cannot ground liability for attempt.
Substantial step; mere preparation
Defense of Abandonment: The majority rule is that, once ∆ has taken a substantial step toward committing the crime, abandonment is _______________. The MPC allows for this defense only if it is _______________ and a complete ___________________________.
Never a defense; fully voluntary; renunciation of criminal purpose
Impossibility: ___________ impossibility is a defense to attempt; but __________ impossibility is not a defense.
Legal; factual
Snooki and J-Wow agree to rob an armored car to pay off their tanning salon debt. They purchase the necessary equipment and weapons, and rush the armored car when it comes to a stop in front of a bank. However, after throwing the guards out of the armored car,e they discover that there is no money in the armored car. Can Snooki and J-Wow be convicted of attempted armed robbery?
Yes because factual impossibility is not a defense to attempt.
4 tests for insanity:
(1) M’Naghten Rule;
(2) Irresistible Impulse;
(3) Durham Rule;
(4) Model Penal Code
M’Naghten rule: At the time of his conduct, ∆ lacked the ability ____________________ or understand the nature and quality of his actions.
To know the wrongfulness
Irresistible Impulse: ∆ lacked the _________________ and free choice.
Capacity for self-control
Durham Rule: ∆’s conduct _____________________________.
Was a product of mental illness.
Model Penal Code test for Insanity: ∆ lacked _______________________ to the requirements of law.
The substantial capacity to conform his conduct
Self-induced intoxication
Voluntary Intoxication
Voluntary intoxication is a defense on the bar exam only to __________________ (and no other kind of crime).
Specific intent crimes
After drinking heavily, Barney breaks into Homer’s house at night to steal Homer’s TV. Homer sees this and rushes toward Barney. Barney then punches Homer, knocking him out. Barney takes Homer’s TV, gets in his car, speeds away, and is pulled over for speeding a few blocks away. With what crimes can Barney be properly charged and convicted?
(A) Battery
(B) Burglary
(C) Both Battery and Burglary
(D) Neither Battery nor Burglary
(A) Battery
Burglary is a specific intent crime, so voluntary intoxication is a defense. Battery is a general intent crime, so voluntary intoxication is not a defense.
For purposes of the bar exam, ___________ and ____________ are always voluntarily intoxicated.
Addicts; alcoholics
Involuntary intoxication: (1) unknowingly intoxicated, or (2) becoming intoxicated _________________.
Under duress
Involuntary intoxication is a form of ___________. Thus, it is a defense to ______________.
Insanity; all crimes
Under age 7:
No criminal liability
Under age 14:
Rebuttable presumption of no criminal liability
A victim may use non-deadly self-defense anytime the victim _________________ that force is about to be used on him.
Reasonably believes
Majority Rule: A victim may use deadly force in self-defense anytime the victim reasonably believes that __________________________.
Deadly force is about to be used on him
Minority Rule: A victim is required _________________.
To retreat if safe to do so.
(Only if examiners tell you that you are in one of these so called “retreat” jurisdictions.
3 exceptions to the duty to retreat:
(1) No duty to retreat from your home;
(2) No duty to retreat if you are the victim of rape or a robbery; and
(3) Police officers have no duty to retreat
∆, a worker in a metal working shop, had long been teasing Vincent, a young colleague, by calling him insulting names and ridiculing him. One day, Vincent responded to the teasing by picking up a metal bar and attacking ∆. ∆ could have escaped from the shop, but instead he picked up his own metal bar and struck Vincent in the head. Vincent later died from this blow to the head.
What is the most serious offense of which ∆could be properly convicted?
(A) Involuntary manslaughter;
(B) Voluntary manslaughter;
(C) Murder;
(D) None of the above
(D) None of the above
Vincent was the first aggressor & there is no duty to retreat unless stated (minority rule)
To get back the defense of self-defense, the original aggressor must:
(1) Withdraw; and
(2) Must communicate that withdrawal
If the victim of the initial aggression suddenly _____________________ into one involving deadly force and does so without giving the aggressor the opportunity to withdraw, the original aggressor may use force in his own defense (including deadly force, if reasonable).
Escalates a minor fight
Rule: A ∆ can raise a “defense of others” defense if he reasonably believes that the person assisted would have had the right ____________________.
To use force in his own defense
Majority Rule: there need not be a __________________ between the ∆ and the person in whose defense he acted.
Special relationship
Rule: Deadly force may never be used solely to defend ________________.
Your property
Dwight is going on vacation, and he is worried about someone breaking into his house. Accordingly, he loads up a spring gun at his front door so that if someone tries to open the door, the gun will be triggered and shoot the intruder. In dire need of a beet fix, Michael breaks into Dwight’s house, the gun goes off and kills Michael. Does Dwight have a viable defense based on the defense of his dwelling?
No. Spring gun with no one in the house is not ok.
Rule: Duress is a defense to a criminal act if:
(a) The person acts under the threat of imminent infliction of death or _______________, and
(b) that belief is _______________.
Great bodily harm; is reasonable
Threats to harm a ______________ may also suffice to establish the defense of duress.
Third person
Note: Duress is a defense to all crimes except ______________.
Homicide
Rule: Conduct that would otherwise be criminal is justifiable if, as a result of pressure from ____________, the ∆ reasonably believes that his conduct was necessary ___________________.
Natural forces; to avoid a greater societal harm
“choice of evils”
Note: the necessity defense differs from duress because duress involves ____________, and necessity involves pressure from natural forces.
A human threat
Rule: Mistake of fact is a defense only when the mistake __________________.
Negates intention
The mistake has to be ____________ to be a defense to a malice or general intent crime.
(But NOT specific)
Reasonable
BUT - on the Bar Exam - any mistake, no matter how ridiculous, is a defense if the ∆ is charged with a _______________________.
Specific intent crime
Mistake of fact is NEVER a defense to _______________.
Strict liability
Availability of mistake of fact defense for specific intent crimes:
Any mistake (even unreasonable)
Availability of mistake of fact defense for malice/general intent crimes:
If reasonable
Availability of mistake of fact defense for strict liability crimes:
Not available (never a defense)
What is the difference between mistake of fact and factual impossibility?
Mistake of fact: ∆ never has intent to commit crime
Factual impossibility: ∆ has intent to commit crime, but it is impossible to do so because of the factual circumstances
Consent of the victim is generally ________________.
No defense
Entrapment is a valid defense only if:
(1) The criminal design originated with law enforcement officers; and
(2) The ∆ must NOT have been predisposed to commit the crime
Battery Rule: Unlawful application of force to the person resulting in either ___________ or _______________.
Bodily injury; offensive touching
A battery need not be ________________.
Intentional
The force need not be __________________.
Applied directly
Remember that battery is a __________________ crime.
General intent
Assault:
(1) An attempt to ___________________; or
(2) The intentional creation - other than by mere words - of a reasonable apprehension of _____________________.
Commit a battery; imminent bodily harm
The Assault/Battery distinction: If there has been an ________________, the crime is battery.
Actual touching
Aggravated assault (felony) is an assault plus one of the following:
(1) The use of deadly or __________ weapon; or
(2) With the intent to ________, _________, or _________.
Dangerous; rape; maim; murder
Murder (generally): Murder is the unlawful killing of another human being with _____________.
Malice aforethought
Malice aforethought exists if there is:
(a) Intent to kill; or
(b) Intent to inflict great bodily harm; or
(c) Intent to commit a felony (felony murder); or
(d) Reckless indifference to an unjustifiably high risk to human life
Cause-in-fact: The ∆’s conduct must be the cause-in-fact of the victim’s death. In other words, the death would not have occurred ________ the ∆’s conduct.
But for
Proximate Cause: The general rule is that a ∆ is responsible for all results that occur as a __________________ of his conduct even if he did not anticipate the exact manner in which they would occur.
Natural & probable consequence
aka foreseeability
First Degree Murder
(1) Premeditated killing;
(2) Felony murder;
(3) Homicide of a Police Officer
Premeditated Killing:
(1) First the victim must be ___________;
(2) The ∆ must have acted with _________ or ___________ that his conduct would cause death.
Human; intent/purpose; knowledge
Felony Murder
Any killing - even an accidental killing - committed during the course of a felony.
Defenses to Felony Murder:
(a) If the ∆ has ________________ then he has a defense to felony murder.
(b) The felony they are committing must be a felony _________________.
(c) The deaths must be _____________.
(d) Deaths caused while fleeing from the felony are felony murders. BUT once the ∆ reaches a point of _____________ deaths caused thereafter are NOT felony murders.
(e) On the MBE, the ∆ is NOT liable for the death of _____________ as a result of resistance by the victim or the police.
(a) a defense to the underlying felony
(b) other than the killing itself
(c) foreseeable
(d) temporary safety
(e) a co-felon
Angelina and Brad hold up a convenience store. Angelina is drunk. During the hold up, Brad accidentally shoots and kills the convenience store owner. Is Angelina guilty of felony murder?
No because she has a defense to the robbery (intoxication is a defense to specific intent crime).
Simon and Paula go in to rob a convenience store with guns drawn. The store owner shoots at Simon and hits and kills a bystander. Would Simon and Paula be guilty of felony murder?
Yes, even though the shooter was the store owner.
In desperate need of money for more plastic surgery, Heidi and Spencer hold up a convenience store with guns drawn. The store owner pulls out a gun and shoots and kills Spencer. Is Heidi guilty of felony murder?
No, she is not liable for the death of a co-felon as a result of resistance.
Homicide of a Police Officer:
(1) The ∆ must know the victim is a law enforcement officer; and
(2) The victim must be acting in the line of duty.
Second-degree murder:
(1) Depraved hear killing (killing done with reckless indifference to an unjustifiably risk to human life); or
(2) Murders that are not classified as first-degree murders)
Types of Manslaughter:
(1) Voluntary manslaughter;
(2) Imperfect self-defense;
(3) Involuntary manslaughter
Voluntary Manslaughter:
(a) Killing in the heat of passion resulting from an ___________________;
(b) The provocation must be one that would arouse sudden and intense passion ___________________ such to cause him to lose self-control;
(c) There must _____________________ between the provocation and the killing for the passions of a reasonable person to cool; and
(d) The ∆ in fact did not cool off between the provocation and the killing.
(a) adequate provocation by the victim
(b) in the mind of an ordinary person
(c) not have been sufficient time
Jake takes his girlfriend Vienna out to dinner. At dinner, another patron, Emily, comes over and says hello to Jake, whom she recognizes form a previous date. In a fit of passionate rage and jealousy, Vienna takes out a gun and kills Emily. Should Vienna be convicted of the lesser charge of voluntary manslaughter?
No. There was not adequate provocation (ordinary person)
Imperfect self-defense: If ∆ has an _______ but ___________ belief that his life was in imminent danger, this defense will reduce a murder to manslaughter.
Honest; unreasonable
Note: Only some states recognize this doctrine.
Involuntary Manslaughter:
(1) A killing of ________________; or
(2) Misdemeanor manslaughter - killing someone while committing a misdemeanor or _____________________.
(1) criminal negligence
(2) killing someone while committing an unenumerated felony
False Imprisonment: Unlawful ___________ of a person without his valid consent.
Confinement
If a known __________ is available, the confinement element will not be met for purposes of false imprisonment.
Alternate route
One’s _________ to the confinement precludes it from constituting false imprisonment.
Consent
Kidnapping
Confinement of a person that involves either: (1) some movement (asportation) or (2) concealment in a secret place
Only one thing about rape you need t know for the MBE portion of the bar exam - _______________ completes the crime of rape.
Slightest penetration
Statutory Rape is a strict liability crime, meaning ________________ is no defense and ________________ is no defense.
Consent of the victim; mistake of fact
Rule: Common law larceny requires a wrongful taking, a _____________ of property of another by trespass with intent to permanently deprive.
Carrying away (asportation)
The _______________ of property is enough for purposes of larceny on the bar exam.
Slightest movement
The intent to deprive the owner permanently must exist at __________________ or it is not common law larceny. BUT if a person takes property not intending to steal it, but then later decides to keep the property, she can be guilty of larceny under the theory of _________________.
The time of the taking; continuing trespass
Taking property _____________________ is NOT common law larceny.
In the belief that it is yours (or that you have some right to it)
In which of the following situations would ∆ be guilty of common law larceny?
(A) ∆ took Sue’s television set, with the intention of returning it the next day. However, he dropped it and damaged it beyond repair.
(B) ∆ went into Tom’s house and took $100 in the belief that Tom had damaged ∆’s car in that amount.
(C) Mistakenly believing that larceny does not include the taking of a dog, ∆ took his neighbor’s dog and sold it.
(D) Unreasonably mistaking George’s car for his own, ∆ got into George’s car in a parking lot and drove it home.
(C) Mistakenly believing that larceny does not include the taking of a dog, ∆ took his neighbor’s dog and sold it.
(A) is incorrect because there was no intent to permanently deprive. (B) is incorrect because ∆ thought he had a right to $. (D) is incorrect because there was no intent (mistake of fact [even if unreasonable] is a defense)
Embezzlement
The fraudulent conversion of property of another.
The embezzler always has ____________ followed by an illegal conversion.
Lawful possession
A ________ is often the MBE embezzler.
Trustee
You don’t have to __________ to be an embezzler - just the lawful possession.
Carry away
The embezzler doesn’t have to ___________________.
Get the benefit of the property
A trustee takes money from the trust for the specific purpose of donating it to charity. And, in fact, the trustee does donate all of the money to charity. Is the trustee guilty of embezzlement?
Yes. Embezzler doesn’t have to get the benefit of the property.
False pretenses: The ∆ persuades the owner of property to ____________________/
Convey title by false pretense (false representation)
It is the ________________ that is the center of false pretenses.
Conveyance of title
This false representation could be as to a __________ or ____________ fact for false pretenses.
Present; past
A false promise to do something___________ cannot ground liability for false pretenses.
In the future
“Larceny by Trick” distinguished: If only __________ of the property is obtained, then offense is larceny by trick. If _________ is obtained, the offense is false pretenses.
Possession; title
Robbery: The taking of personal property of another from the other person’s presence, by __________ or _________ with the intent to permanently deprive him of it.
Force; threat
The presence requirement for robbery is _________________ - and would even cover a situation where a farmer is tied up in his barn and the robber takes things from his house.
Very broadly drawn
The threat in a robbery must be a threat of _________________.
Imminent harm
Lumbergh goes into Milton’s office and says, “Yeah… I’m gonna need you to come into the office this weekend to finish those reports.” Milton replies by saying, “Yes, but… I want my stapler back. And also, if you don’t give me $500 by next Monday I will beat you up and burn your office to the ground.”
With what crimes can Milton be properly charged and convicted?
(A) Robbery
(B) Attempted Robbery
(C) Both Attempted Robbery and Robbery
(D) Neither Attempted Robbery nor Robbery
(D) Neither Attempted Robbery nor Robbery
There is no threat of imminent harm.
Chuckster needs money to support his gambling habit. While riding the subway to the dog track, Chuckster intentionally picks the pocket of Rex, taking Rex’s wallet. Chuckster later uses the money in the wallet to bet on the dog races. Is Chuckster guilty of robbery?
No. No taking by force or threat. He would be guilty of larceny!
Carl is walking down the street with his hand in a paper bag. As Lenny approaches from the opposite direction, Carl stops Lenny and pushes the paper bag into Lenny’s ribs. “I’ve got a gun in here. Give me all of your money or I’ll shoot you.” Carl grabs the money and is arrested two blocks later by a nearby officer, who discovers that Carl did not have a gun in the paper sack, but was using his finger to poke Lenny in the ribs. Is Carl guilty of armed robbery?
Yes. A simulated deadly weapon is enough for armed robbery.
Extortion: Knowingly seeking to obtain property or services by means of a _______________.
Future threat
Differences between Extortion and Robbery:
(1) You don’t have to take anything form the person or his presence to be extortion.
(2) The threats are of future harm - not imminent harm.
Forgery: The _________ or __________ of a false writing with intent to defraud.
Making; altering
Any writing that has _________________ is subject to the crime of forgery.
Apparent legal significance
Burglary: Breaking and entering of a dwelling of another at night with the intent to __________________.
Commit a felony therein
Breaking (for burglary) can be ______________ or _____________.
Actual (involving some force, however slight); constructive
Actual breakings: It is NOT an actual breaking for someone to come uninvited through a ___________________.
Wide open door or window
If wide open - there is no breaking. BUT if someone pushes open an interior door to the bedroom or living room then a breaking exists.
A breaking by fraud or threat.
Constructive breakings
Marcia gives a house key to her maid, Alice, so that Alice can come to the house and clean once a week. Alice uses the key to come to the house at 2 a.m. with friends to party. Is this a breaking for the purposes of common law burglary?
Yes - entry by fraud (got key for other purposes)
Entering - occurs when ______________ crosses into the house.
Any part of the body
Dwelling house of another - cannot be a _________ or _______________.
Barn; commercial structure
The intent to commit the felony must exist ________________________ or it is NOT common law burglary.
At time of breaking and entering
Will breaks into Sue’s house because he wants a place to sleep. A few hours later, Will decides to steal a bunch of expensive trophies he sees inside. Is Will guilty of common law burglary?
No - intent has to exist at the time of the breaking and entering.
Arson: The ____________ burning of the dwelling of another.
Malicious
As for the “malice” requirement of arson, no ____________ is required. Acting with a __________________ of an obvious risk that the structure would burn will suffice for arson culpability.
Specific intent; reckless disregard
Arson only applies to burning - not smoke damage. Scorching is insufficient, but __________ is sufficient.
Charring
At common law, the building burned had to be a dwelling; it could not be a ________ or a _________________.
Barn; commercial structure
At common law, the burning had to be a house ___________. One could not be guilty of burning _______________ at common law.
Of another; his own house
Beavis and Bee-head are setting fire to tall grass outside of Mr. Anderson’s house. The grass fire spreads quickly and catches Mr. Anderson’s shed on fire, and it burns to the ground. The fire then spreads to Mr. Anderson’s house and it eventually burns the house to the ground. Beavis and Bee-head watch the fire the entire time, laughing. Are Beavis and Bee-head guilty of common law arson?
Probably yes, if conduct is reckless disregard to the risk of burning the house.
Rule: A state acquires jurisdiction over a crime if either ________ or ___________ happened in that state.
Conduct; result
