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Criminal Law Flashcards

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1
Q

Definition of felony

A

crimes punishable by death or more than one year imprisonment

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2
Q

definition of misdemeanor

A

all crimes except those punishable by death or more than one year imprisonment

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3
Q

Void for vagueness doctrine

A

Due Process requires that criminal statute not be vague. There must be fair warning and no arbitrary or discriminatory enforcement

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4
Q

Prohibition of bills of attainder

A

There can be no crimes that don’t involve judicial adjudication

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5
Q

Relevant interpretation of statute issues

A
  • strictly construed in favor of D
  • more specific statute governs the more broad
  • The more recent statute governs the older statute
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6
Q

Merger doctrine

A

One who solicits or attempts to commit a crime may not be convicted or both solicitation and the completed crime or of both attempt and the completed crime. Conspiracy does not merge with the completed crime. .
D cannot be convicted of more than one inchoate crime (attempt, conspiracy, solicitation) when conduct designed to culminate in commission of the same offense.

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7
Q

Double Jeopardy

A

Prohibits trial or conviction of a person for a lesser inclduded offense if he has been put in jeopardy for the greater offense.

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8
Q

“lesser included offense”

A

one that consists entirely of some but not all elements of the greater offense

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9
Q

MI’s Double Jeopardy Clause

A

Rule against multiple convictions for the same elements. focuses on the elements of the criminal offense. If each criminal offense requires proof of a fact that was not necessary under the elements of the other criminal offense, the same elements are not present.

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10
Q

Elements of a crime

A

Voluntary Act
Culpable mental state
Concurrence of act and mental state
Attendant circumstances

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11
Q

Physical Act requirement

A

D must have performed a voluntary bodily movement or failed to act under circumstances imposing legal duty

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12
Q

Omission as an act: Failure to act gives rise to liability only if

A

1) legal duty to act
2) D has knowledge of facts giving rise to duty to act
3) it is reasonably possible to perform duty

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13
Q

Legal duty to act can arise from

A
  • statute
  • contract
  • relationship
  • voluntary assumption of care
  • creation of peril
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14
Q

Possession as an act

A

possession statutes generally require only that the D have control of the item for long enough to have an opportunity to terminate possession. Can be held by multiple people and can be constructive if within D’s dominion and control

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15
Q

State of Mind requirement for possession

A

D must be aware of his possession but does not need to be aware of illegality.

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16
Q

Malice definition

A

Reckless disregard of an obvious or high risk that the particular harmful result will occur. Malice crimes are common law murder and arson

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17
Q

General Intent

A

awareness of all factors constituting the crime. D need not be certain. Knowledge of a high likelihood is sufficient

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18
Q

MPC Fault analysis standard

A

Subjective

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19
Q

Purposely

A

a person acts purposely when his conscious object is to engage in certain conduct or cause a certain result

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20
Q

Knowingly

A

A person acts knowingly with respect to nature of his conduct when he is AWARE that his conduct is of a particular nature or that certain circumstances exist. Deemed aware when aware of high probability of existence and deliberately avoids learning the truth.

D acts knowingly with respect to results of conduct when knows that his conduct will necessarily or very liekly cause a particular result.

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21
Q

Recklessly

A

A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow and this disregard constitutes a gross deviation fromt he standard of care that a reasonable person would exercise..

Objective component: unjustifiable risk
Subjective component: awarness
if statute does not give mental state, its at least recklessness.

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22
Q

Criminal negligence

A

a person acts negligently when he fails to be aware of a substantial and unjustifiable risk, where such failure is a substantial deviation fromt he standard of care. OBJECTIVE STANDARD. Not reasonable man standard, D must have taken a very unreasonable risk.

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23
Q

Enterprise liability

A

corporations may be held liable for an act performed by an agent of the corp acting w/i scope of his office or employment or a corporate agent high enough in hierachy to presume his acts reflect corporate policy

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24
Q

Transferred intent doctrine

A

A D can be liable under the doctrine where she intends the harm that is actually cause but to a different victim or object. Defense usually transfer too. Does not aply to attempt. Usually guilty of attempt and transferred inent crime.

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25
Q

Concurrence of mental fault with physical act

A

D must have had the necessary intent at the time he committed the act and intent must have actuated the act.

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26
Q

Accomplice liability: Principal

A

Person who commits the illegal act or who causes an innocent agent to do so. Liable for the principal crimes

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27
Q

Accomplice liability: Accomplice

A

Person who with intent to assist P and the intent that P commit the crime, actually aids, counsels, or encourages the P before or during commission of crime. Liable for principal crime aided in and any probable or feesable crimes commited in due course.

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28
Q

Accomplice liability: Accessory after the fact

A

One who receives, relieves, comforts, or assists another knowing that he has committed a FELONY in order to help felon escape arrest, trial or conviction. Felony must be completed

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29
Q

Accomplices’ Dual intent requirement

A

Accomplice must have 1) intent to assist the P AND 2) intent that the P commit the offense.
In MI: for general and specific intent crimes also have liability if accomplice acted with knowledge that principal intended the commission of the offense (don’t need the 2nd intent).

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30
Q

Accomplice liability for crimes involving negligence or gross negligence

A

MI does not require proof of specific intent or knowledge to convict D as an accomplice. Sufficient if D performs acts that aid in the creation of situation under which it is reasonably foreseeable that harm will occur.

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31
Q

People excluded from accomplice liability

A

1) members of protected class (transporting women statute)

2) necessary party not provided for in the statute. (Selling prohibition does not mention liability for buyer)

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32
Q

Accomplice withdrawal

A

A person who effectively withdraws from a crime before it is committed cannot be guilty as accomplice. Withdrawal must occur before crime is unstoppable.
2 ways: repudiation or neutralize. Telling police or action to prevent crime is sufficient.

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33
Q

Withdrawal from accomplice liability by repudiation

A

If you encourage, you have to repudiate

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34
Q

Withdrawal from accomplice liability by attempt to neutralize

A

Required if went beyonf encouragement. Trying to get materials back etc

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35
Q

Inchoate offenses

A

Solicitation
Conspiracy
Attempt

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36
Q

Solicitation

A

It is a crime when D offers, promises, or gives money, services or anything of value to another person with the intent that the person commit the crime. Common law is broader and includes things like encouraging. Conditional solicitation is still a crime even where the condition does not occur

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37
Q

Soliciting Minor to Commit felony

A

MI law that applies to any person 17+ who recruits, induces, solicits or coerces a minor less than 17 years old to commit or attempt to commit a felony. Minor does not have to go through with it.

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38
Q

Defenses to solicitation

A

1) solicitor could not be found guilty of completed crime because member of exempt class.
2) Renunciation

not a defense that crime could not be completed

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39
Q

Renunciation of solicitation defense

A

D must prove by POE that:

1) completely and voluntarily renounced
2) he notified person solicited
3) gave timely warning and coorperation to LEO or otherwise made substantial efforts to prevent crime
4) crime did not occur

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40
Q

Merger and Solicitation

A

Is crime is committed both parties can be convicted of the crime or attempt of crime. If person solicited agrees to commit crime and doesnt make it far enough for attempt, both parties can be held liable for conspiracy.

CANNOT be convicted of solicitation and attempt or solicitation and crime.

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41
Q

Conspiracy

A

Any person who conspires with one or more persons to commit an offense prohibited by law or to commit a legal act in an illegal manner is guilty of conspiracy. Requires an agreement express or implied.

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42
Q

Wharton’s Rule

A

agreement by two persons to commit crime cannot be prosecuted as conspiracy where target crime requires participation of two persons.

does not apply where the number of alleged coconspirators exceeds the number necessary to commit target crime, or where legislature intends to impose separate punishment for conspiracy aspect of target crime. Does not apply where necessary party number is not accounted for.

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43
Q

Where conspiracy won’t lie

A

1) Wharton’s rule
2) agreement with person in protected class (1 person can’t be guilty of the crime so both can’t)
3) where all co-conspirators are acquited, D cannot be acquited. MI EXCEPTION: where alleged co-conspirators are acquited by separated fact finder

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44
Q

Conspiracy in multiple party situations

A

Either a chain (single conspiracy) or hub and spoke (multiple conspiracires. Look for disinterest between spokes)

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45
Q

Mental state for conspiracy

A

Specific intent.

1) intent to agree and
2) intent to achieve objective

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46
Q

Overt Act in conspiracy

A

Not necessary. Agreement enough

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47
Q

Termination of conspiracy

A

usually upon completion of wrongful objective. Unless agreed to in advance acts of concealment are not part of the conspiracy. Gov defeat of conriacy does not terminate

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48
Q

Liability for Co-Conspirator’s crimes

A

Conspirator may be held liable for crimes committed by other conspirators if the crimes

1) were committed in furtherance of the objectives of conspiracy and
2) were foreseeable

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49
Q

Defenses to conspiracy

A

1) factual impossibility not a defense
2) withdrawal is not a defense to conspiracy but may be defense to acts committed in furtherance of the conspiacy —> need affirmative act that communicats withdrawal.

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50
Q

Conspiracy and merger

A

SEPARATE OFFENSES BABY

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51
Q

MI: conspiracy to commit second degree murder

A

impossible. because impossible to conspire to murder without premeditating and deliberating

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52
Q

Attempt

A

Attempt is an act done with intent to commit a crime that falls short of completing that crime.
Elements:
1) intent
2) overt act beyond mere preparation

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53
Q

Attempt: intent required

A

D must intend to perform an act and obtain a result that if achieved, would constitute a crime. Regardless of intent required for substatnive crime, attempt always requires a specific intent. (attempt of murder requires intent to kill)

No attempt of reckless or negligent crimes

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54
Q

Overt act for attempt

A

Act beyond mere preparation like making arrangements and taking necessary step to commit crime. There must be direct movement toward commission of the crime that would lead immediately to its completion

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55
Q

Defenses to attempt

A

Legal impossibility: if D completed all acts and those acts did not constitute a crime, there can be no attempt.

Voluntary abandonment: D must prove by POE that he completely and voluntarily abandoned. Completely means permanently and uncondidtionally. Voluntarily means true change of heart not influenced by outside factors.

Factual impossibility NOT a defense

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56
Q

Defenses negating criminal capacity

A

Insanity
Infancy
Intoxication

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57
Q

Insanity Defense

A

Defendant is entitled to acquittal if he had a mental disease or defect and as a result he lacked the substantial capacity to either:
1 appreciate the criminality of his conduct or
2. Conform his conduct to the requirements of the law

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58
Q

Burden of proof for insanity defense

A

Affirmative defense that D must show by the POE

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59
Q

Special Verdict of Guilty but Mentally Ill

A

When D was mentally ill but not lacking substantial capcaity to appreciate criminality or conform conduct to the law. May be found guilty and sentenced just as if guilty

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60
Q

Pretrial Psychiactric Examination

A

If D did not raise the insanity defense –> he may refuse court ordered exam to determine competency to stand trial
If D did raise defense —> may not refuse

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61
Q

Mental Condition During Criminal Proceedings

A

Under Due Process Clause a D may not be tried, convicted, or sentenced, if as a result of mental disease or defect he is unable to 1) understand the nature of the proceedings against him 2) assist his attorney in his defense.

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62
Q

Voluntary Intoxication Defense

A

Not a defense to any crimes unless the D can establish by POE that he
1. consumed a legally obtained and properly used medication or other substance and
2. did not know or reasonably should not have known that he would become intoxicated.
Defense to specific intent crimes only (purpose/knowing)

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63
Q

Involuntary Intoxication Defense

A

Intoxication is involuntary only if it results from taking of intoxicating substance
1. without knowledge of its nature
2. under direct duress imposed by another
or
3. pursuant to medical advice while unaware of intoxicating effect

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64
Q

Infancy in MI

A

Family division of circuit court has JD over minors 17 and younger. These proceedings are civil and not criminal. Judge has broad discretion for dispositions
10 years old = presumed competent to proceed in family court.

14 years old + charged with felony = P may ask the court to waive JD

14 year old + charged with specified offense like robbery or assault with intent to commit murder = P can waive the court’s JD

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65
Q

Justification Defenses

A 
Self-Defense
Defense of Others
Defense of Dwelling
Defense of Property
Crime Prevention
Effecuatuing Arrest
Resisting Arrest
Necessity
*Depend on immediacy of harm threat of future harm is insufficient
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66
Q

Self-Defense through Non-Deadly Force

A

Person without fault may use such force as person reasonable believes is necessary to protect self from imminent use of unlawful force upon herself

67
Q

Self defense element: Without fault

A

Person who initiated an assault or provoked the other party will be considered an aggressor

68
Q

Self defense element: unlawful force

A

Attacker must be using force that constitutes a tort or a crime

69
Q

Self defense through deadly force

A

A person may use deadly force in SD if:

  • she is w/o fault
  • is confronted with unlawful force AND
  • reasonably believes that she is threatened with imminent death or great bodily harm
70
Q

MI Self defense through deadly force: Retreat rule

A

NO duty to retreat where

  • She has not committed or is not engaged in committing a crime
  • has a legal right to be where she is and
  • honestly, reasonably believes that the use of deadly force is necessary to prevent imminent death, sexual assault or great bodily harm

In all other cases, must retreat when there is a safe way to do so

  • No duty to retreat when at home even if attacker is occupant. (don’t need a property interest in home)
  • applies to the garage but does not apply to the curtilage.

Business? could be no duty to retreat. Security guard need not retreat.

71
Q

Use of force to repel sexual assault

A

force, including deadly force, may be used to repel an imminent sexual penetration. Deadly force can not be used to repel other kinds of criminal sexual conduct.

72
Q

Right of aggressor to use self defense

A

If person is the aggressor in confrontation may use force in defense of self only if:

  • effectively withdraws from the confrontation and communicates to the other desire to do so OR
  • victim of initial assault suddenly escalates the minor fight into a deadly alercation and the initial aggressor has no chance to withdraw
73
Q

Defense of Others justification

A

A D has a right to defend other she reasonably believes that the person assisted has the legal right to use force in his own defense. Only need reasonable appearance. No special relationship required

Extends to protection of a fetus from assault against the mother

74
Q

Defense of a Dwelling

A

Nondeadly force: Reasonably believes neccessary to prevent or terminate another’s unlawful entry into or attack upon dwelling

Deadly forece: only to prevent violent entry AND person reasonably believes that the use of force is necessary to prevent personal attack on herself or another in the dwelling or to prevent entry to commit a felony in dwelling

75
Q

Defending possession of property

A

Reasonable nondeadly force may be used to defend property in one’s possession from what she reasonably believes is an imminent, unlawful interference. Force may not be used if a request to desist or refrain may suffice.
Deadly force not allowed

76
Q

Force for regaining possession

A

A person may use force to regain possession of prop that he reasonably believes was wrongfully taken only if in immediate pursuit of the taker

77
Q

Use of force for crime prevention

A

nondeadly force: may be used to extent that it reasonably appears necessary to prevent a felony or serious breach of the peace.
Deadly force may be used only if it appears reasonably necessary to terminate or prevent a dangerous felony involving risk to human life.

78
Q

Use of force to effectuate arrest; LEO

A

Nondeadly force may be use by LEO if reasonably necessary to effectuate an arrest.
Deadly Force: not limited to situation where felon poses a threat of great bodily harm. (MI weird on this. liability under 1983 is the Tennessee v. Garner rule, but Would not necessarily mean the LEO is criminally liable). Deadly force reasonable only if necessary to prevent felon’s escape.

79
Q

Use of force to effectuate arrest: bystander summoned by police

A

same authority to use force as the officer

80
Q

Use of force to effectuate arrest: private persons

A

Same right to arrest as officers with the following exceptions:

  • Can use nondeadly force if a crime was in fact committed and person has reasonable grounds to believe the person arrest has in fact committed the crime.
  • can use deadly force only if the person harmed was ACTUALLY guilty of the offense for which the arrest was made.
81
Q

Use of force in resisting arrest

A

Nondeadly force: may be used to resist an improper arrest even if a known officer is making the arrest.
Deadly force: may be used only if person does not know that the person arresting him is an LEO

82
Q

Necessity Defense

A

it is a defense to crime that the person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime.
Test is OBJECTIVE.
Never justifies causing a death
Not available where D is at fauly in creating the necessity.

83
Q

Defense of Public Policy

A

LEO is justified in using reasonable force against another or in taking property if LEO is acting pursuant to law.

84
Q

Excuse of Duress

A

Defense to a crime other than intentional homicide that the D reasonably believes that another person would imminently inflict death or great bodily harm upon him or a member of his family if he did not commit the crime.
Elements:
1. threatening conduct would cause reasonable person to fear death or GBH
2. Conduct actually caused the D to fear death or GBH
3. D was thinking of this fear at the time of the alleged act AND
4. D committed the alleged act to avoid the threatened harm
Not available where D denies committing the crime.

85
Q

Defense: Mistake or ignorance of fact

A

Relevant if it shows that D lacked the state of mind required. If offered to show that D lacked the specific intent, reasonableness of mistake not required. Otherwise, must have been a reasonable mistake.

86
Q

Defense: Mistake or Ignorance of law

A

Generally not a defense.
Exception:
1. statute proscribing conduct was not published
2.reasonable reliance on a statute or judicial decision
or
3. reasonable reliance on official interpretation
May be a defense if it pertains to element of the case (prohibits selling to a felon and she thought was a misdemeanor)

87
Q

Consent defense

A

Usually not a defense unless crime requires a lack of consent. is a defense to minor assaults or batteries if no danger of serious bodily injury. Consent must be freely given by person capable to give it and no fraud involved

88
Q

Entrapment defense

A

Objective two-prong approach
entrapment occurs where either:
1. Gov-Instigation: if police conduct would induce an otherwise law abiding citizen (one not ready and willing to commit crime) in D’s circumstances to commit crim.
OR
2. Reprehensible conduct: if police conduct is so reprehensible that it cannot be tolerated in a civilized society without regard to whether it induced.

Question of law for judge to decide away from jury. D must show by POE. Focus on challenged conduct of the LEO.
Reveres buy operations where LEO pose as sellers are not necessarily entrapment.

89
Q

First Degree Murder

A

With Malice Aforethought.
Death by lying in wait, poison or any other unlawful, premeditated and deliberate killing.
Or killing of a police officer
Or murder during the commission of any of the inherently dangerous felonies

90
Q

First Degree Felony Murder

A

Killing during the commission of any inherently dangerous felonies
Death must be distinct from felony itself and must have been foreseeable

91
Q

Death of co-felon or third person during commission of a felony

A

Death of co-felon by victim or police = D not liable
Death of innocent person by co-felon = still need to prove individual malice
Death of innocent person by third party = agency theory says must be committed by co-felon; proximate cause theory says does not.

92
Q

Second Degree Murder

A

Unlawful killing of a person with malice aforethought:
Intent to kill
• Intentional use of deadly weapon = permissive inference of intent to kill
▪ Intent to cause great bodily harm OR
▪ Intentional creation of a high risk that death or great bodily harm will occur with
knowledge that death or great bodily harm is possible.

93
Q

Voluntary Manslaughter

A

Unlawful killing of a person with malice aforethought that is negated by adequate provocation

  • Can be a threat of a serious battery
  • Catching someone in bed with long time partner
94
Q

Adequate provocation for voluntary manslaughter

A
  • provocation that would arouse sudden and intense emotion such that a reasonable person would lose control of self
  • D was actually provoked
  • Not sufficient time between provocation and killing such that a reasonable person would have cooled down
  • D in fact did not cool down
95
Q

Involuntary Manslaughter

A

Death as a result of gross negligence. ▪ Sufficient if a reasonable person would have been aware that his conduct created a
serious risk.
▪ Must be aware of a situation requiring the exercise of ordinaryy care to avoid
injuring another.
▪ Must have ability to avoid the harm
Variations: excessive force in SD, misdemeanor manslaughter, failure to perform legal duty

96
Q

3 MI specific homicide offenses

A

Statutory Manslaughter: intentionally point a gun at someone without malice and death occurs

Death occurring while driving intoxicated
moving violation causing death

97
Q

Battery (misdemeanor)

A

unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
Must be done willfully (more than negligence)

98
Q

Assault

A

Either:

  1. attempted battery or
  2. intentional creation (other than by mere words) or a reasonable apprehension in the mind of the victim of imminent bodily harm
    - D must have the present ability to commit a battery ot apparent present ability to do so
99
Q

Aggravated Assault

A
  1. Felonious assault (assault with dangerous weapon)
  2. Assault with intent to do GBH
  3. A by strangulation or suffocation
  4. A with intent to commit felony
  5. A with intent to commit murder
  6. Aggravated domestic assault (3rd strike)
  7. A with intent to rob
100
Q

Assault with intent to murder

A

Must prove specific intent to kill if assault was successful

101
Q

Felonious Assault/Assault with a deadly weapon.

A
  • D attempted to commit a battery or did an act that would cause a reasonable person to feel or apprehend an immediate battery
  • D intended to commit a battery or intended make complainant fear an immediate battery
  • D had apparent or present ability to commit a battery
  • D armed with a dangerous weapon.
102
Q

Causation & homicide

A

D’ conduct must be the proximate and but for cause of the death.

103
Q

First Degree Criminal Sexual Misconduct-Sexual Penetration + Aggravating Circumstances (BOWTMAP)

A

D is guilty if he engages in sexual penetration under certain aggravating circumstances. Penetration = intercourse, oral sex, anal sex, or any other intrusion however slight by any part of the defendant’s body or any other object into victim’s genitals or anal openings.

Baby-Under 13
Other felony being committed
Weapon used or pretended to be used
Tween (13-16) and close relationship
Mentally or physically impaired and committed by family member or authority figure
Aided and abetted and V is mentally or physically disabled or force is used
Personal injury caused and force used

104
Q

Second Degree Criminal Sexual Misconduct - Sexual contact plus aggravating circumstances (BOWTMAP)

A

D engages in sexual contact under any aggravating circumstances. Sexual contact = intentional touching of V or D’s intimate parts (or clothing covering), if touching can be reasonably construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose or in a sexual manner for revenege to inflict humilation or out of anger.
Baby-Under 13
Other felony being committed
Weapon used or pretended to be used
Tween (13-16) and close relationship
Mentally or physically impaired and committed by family member or authority figure
Aided and abetted and V is mentally or physically disabled or force is used
Personal injury caused and force used

105
Q

Third Degree Criminal Sexual Misconduct- Penetration plus other less serious aggravating circumstances (SERFMAT)

A

Sexual penetration + SERFMAT

School employee and victim between 16-18
Employee of child care org/foster home and V is 16
Related to victim and not otherwise prohibited
Force or coercion used
Mentally or physically helpless
Adult 16-26 receiving special education and D is employee
Teen between 13 and 16

106
Q

Fourth Degree Criminal Sexual Misconduct- Sexual contact plus SERFMAT

A

Sexual contact + SERFMAT

sexual contact = intentional touching of V or D’s intimate parts (or clothing covering), if touching can be reasonably construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose or in a sexual manner for revenege to inflict humilation or out of anger.

School employee and victim between 16-18
Employee of child care org/foster home and V is 16
Related to victim and not otherwise prohibited
Force or coercion used
Mentally or physically helpless
Adult 16-26 receiving special education and D is employee
Teen between 13 and 16

107
Q

Effective Consent and Criminal sexual misconduct

A

consent by victim still a good defense. But offenses based on victim’s age or mentally capacity are not capable of being consented to. No consent where there is force or threats or V is fraudulently led to believe action is not intercourse.
Can’t defend statuory rape with belief that victim was over age of consent

108
Q

False Imprisonment

A

the unlawful confinement or a person without his consent. Must substantially interfere with V’s liberty

109
Q

Kidnapping

A

D knowingly and without valid consent restricts another’s movements or confines another in such a way as to interfere with v’s liberty and does so with the intent to (SCISOR):

  1. Shield/hostage–> use person as
  2. Child sexual abuse –>engage in
  3. Involuntary servitude of the person
  4. Sexual penetration/contact –> criminal
  5. Outside of MI –>move person
  6. Ransom
110
Q

Larceny

A

TATATI

  1. Taking (obtaining control)
  2. Away (asportation)
  3. of Tangible personal property
  4. of Another
  5. by Trespass (without consent)
  6. Intent to permanently deprive
111
Q

Larceny rule regarding possession

A

Property must be taken from the custody or possession of another. If D had possession it is not larceny (but could be embezzlement).
Possession = discretionary authority over prop. Greater in scope than custody. Low level employees generally have custody and not posseession so taking is larceny.
A Bailee generally has possession, so taking is not larceny but would be embezzlement. However if Bailee breaks bail by like opening containers possession fictionally returns to bailor and taking would be larceny

112
Q

Larceny intent to permanently deprive

A

Intent must be at the time of the taking.
Sufficient intent includes intent to create a substantial risk of loss. If D believes prop is hers, intends only to borrow or intends to keep as repayment for debt, there is no larceny. If goods not for sale, and D intends to pay for them = larceny.

113
Q

Larceny and abandoned, lost or mislaid property

A

Larceny can be committed with lost or mislaid property or prop that has been delivered by mistake, but not with abandoned property.

114
Q

Larceny and Continuing Trespass requirement

A

If D wrongfully takes property without the intent to deprive (without permission) and later decides to keep the property = larceny.
If original taking was not wrongful and later decides to keep it = not larceny

115
Q

False Pretenses

A

Obtaining of title to personal property of another by intentional false statement of a past or existing fact with intent to defraud.
LBT = misrep of fact –> give up custody
FP = misrep of fact –> give up title Look to what V intended to give.
Misrep must actually deceive or V must rely on it. Must be a major factor. Can include failure to disclose material fact.

116
Q

MI Rule re: intent in property offenses

A

If for any reason D honestly believed that he was entitled to the property taken, he lacked intent to permanently deprive or intent to defraud.
With intent to defraud look to whether conduct was done openly or in secret.

117
Q

Robbery

A

If in the course of committing a larceny, D uses force or violence against any person who is present, or assaults or puts the person in fear = guilty of robbery.
In course of larceny includes: attempt, during, in flight after, and in attempt retain possession of property taken.

118
Q

Armed Robbery

A

if at the time of the taking he was armed with
-dangerous weapon
-ordinary object used as a dangerous weapon
-object which reasonably appeared to be a dangerous weapon (finger in pocket).(requires objective evidence beyond V’s subjective belief)
-Represented orally that he was armed
complainant must be in the presence of the D.

119
Q

Extortion

A

Obtaining property by means of threats to do harm or to expose information.
Dist Robbery: can be threats of future harm and V does not ahve to be present

120
Q

Receipt of Stolen Property

A

Receiving possession or control of stolen personal property known to have been obtained in a manner that constitutes a crime by another person with intent to permanently depirve the owner of its interest.
Manual possession not neccessary. Must be stolen property at time D receives.

121
Q

Retail Fraud

A

covers shoplifting, price tag switching and fraudelent returns. Preempts general crimes of larceny. Three degrees based on price of prop and numbers of prior theft convictions

122
Q

Circumvention of Theft Detection Devices

A

It is a crime to buy, sell, distribute, possess devices intended to shield or remove electronic theft detection devices used in stores when done with intent to commit or attempt to commit larceny or knowledge that devide will liekly be used that way.

123
Q

Home Invasion

A

Any person who breaks and enters a dwelling or enters a dwelling without permission and either

  • has intent to commit a felony, larceny or assault at the time OR
  • commits a felony, larceny or assault while in dwelling is guilty of home invasion.

First degree: armed with dangerous weapon or person lawfully inside dwelling
Second degree: unarmed and no other person was lawfully in dwelling
Dont need intent when you enter. Dont need nighttime or breaking.

124
Q

Breaking and Entering Other Structures

A

Any person who break and enters a
tent, hotel, office, store, warehouse, barn, factory, or other building/structure or boat, ship, train
With intent to commit a felony or larceny
Breaking = creating or enlarging opening by minimal force, fraud or intimidation
Entering = placing any portion of body or any instrument to commit crime in structure

125
Q

Dwelling Definition

A

Broadly defined. Structure or shelter that is used permanently or temporarily as a place of abode. Includes appurtenant. Primary factor is the intent of the inhabitatnt to use structure as his home.

126
Q

Forgery

A

making or altering a writing with apparent legal significance so that it is false with intent to defraud
Must represent somehting that it is not, not just contain a misrepresentation.

127
Q

2 kinds of forgery

A

Fradulently obtaining signaure of another = D fraudulently causes a third person to sign a document that the person doesnt realizing he is signing. if person realizes they are signing, no forgery
Uttering a forged instrument = offering as genuine an instrument that has been forged and is false with intent to defraud

128
Q

Malicious Mischief

A

Malicious destruction of or damage to the property of another

129
Q

Arson

A

willful or malicious burning of a dwelling or insured property. Must be intentionally set on fire. For insured property = purpose of getting insurance. Burning of dwelling must be in curtilage of the home

130
Q

Perjury

A

Intentional taking of a false oath in regard to a material matter in a judicial proceeding

131
Q

Subornation of perjury

A

Procuring or inducing another to commit perjury

132
Q

Bribery

A

corrupt payment or receipt of anything of value for official action

133
Q

Compounding a crime

A

agreeing, for valuable consideration not to prosecute another for a felony or to conceal a felony or whereabouts of a felon

134
Q

Possession of a Controlled Substance

A

A person shall not knowingly and intentionally possess a controlled substance. Ownership not required. Constructive possession is enough = right to exercise control and knew of their presence. Mere presence in place where substance found not enough. Don’t need exclusive possession

135
Q

Possession with intent to deliver

A

Don’t need actual delivery. Intent may be inferred from quantity, way goods packaged or other means.

136
Q

Major Controlled Substance Offense

A

manufacture, creation, delivery, possession with intent to deliver or possession of 50 grams or more of any narcotic drug like heroin or cocaine or conspiracy to commit such an offense. May be a predicate to felony murder

137
Q

Carrying a Concealed Weapon

A

felony to carry a concealed dangerous weapon (on person or auto) without a permit. Hunting knives excluded. Momentary innocent possession not a defense.

138
Q

Carjacking

A

A person who in the course of committing larceny of a motor vehicle uses or threatens to use violence or force or puts in fear an operator, passenger, person in lawful possession or any person lawfully attempting to recover the MV.
Stolen cars can be the subject of carjacking

139
Q

Stalking

A

willful course of conduct involving repeated harassment that would cause a reasonable perosn to feel frightened, intimidated, or threatened and that actually causes the V to feel this way.
Aggravated Stalking =
-actions in violation of restraining order
-in violation of paroloe
-threats made against V or family two or more separate occassions
-previously convicted of stalking.

140
Q

Misprision of a felony

A

failure to disclose knowledge of commission of a felony or to prevent the commission of a felony. Usually not a crime or requires some affirmative action in aid of the felon.

141
Q

Aiding and Abetting

A

Person intentionally assists another in committing a crime

  1. crime committed
  2. D assisted before, during or after
  3. D intended the commission of the crime or knew the person intended to commit crime at time they aided
142
Q

Assault with intent to do GBH

A
  1. Attempt or threat with force or violence to do corporal harm to another (assault)
  2. intent to do great bodily harm less than murder
143
Q

When is claim of right a defense?

A

To a larceny charge!

144
Q

Possession with intent to deliver elements

A
  1. D knowingly possessed a controlled substance
  2. D intended to deliver to someone else
  3. Substances was less than 50 grams
  4. D was not legally authorized to possess it.
145
Q

How to show intent to deliver

A
  1. possession of large amount
  2. materials to separate
  3. names and amounts
  4. scales
146
Q

Conspiracy requires a two fold specific intent

A
  1. intent to combine with others and

2. intent to accomplish illegal objective

147
Q

If D represents orally or otherwise that he is armed is taht enough for armed robbery?

A

yes

148
Q

Felon in possession

A

Crime for felon to posssess a firearm until conditions of parole are satisfied

149
Q

Carrying a concealed weapon

A

prohibits the carrying of a firearm concealed on or about his person or in vehicle occupied by person

150
Q

Felony firearm statute

A

Requires nothing more than carrying/having in possession a firearm arms when someone commits or attempts to commit a felony

151
Q

Rebuttable presumption that use of deadly force was hoenst and reasonable whene

A

person is breaking into the home and is in the home

152
Q

When conspiracy does commit crime and one person does the underlying act what is the other people’s liability

A

Accomplice liability.

  1. Crime committed by D or some other person
  2. D aided and abetted
  3. D did so with intent that D commit crime or at least knowledge
153
Q

MI conspiracy intents

A
  1. intent to commit crime
    and
  2. intent to enter into agreement
154
Q

Distinguish MI robbery from common law robbery

A

Common law robbery required a taking where MI it does not. Can be during an attempted larceny

155
Q

Distinguish MI armed robbery from common law armed robbery

A

Under the common law, the D had to be armed with a dangerous weapon. In MI the person can be armed with appears to be a dangerous weapon

156
Q

Bank robbery

A

putting another in fear
for the purpose of steal money
from a bank or depository

157
Q

Fleeing/Eluding police

A
  1. police officer on duty in marked vehicle
  2. D in motor vehicle
  3. LEO ordered D to stop
  4. D knew of the order
  5. D refused to obey
158
Q

When can the court include jury instructions on lesser included offenses?

A

Whenever the jury instruction is warranted based on rational view of the evidence.

159
Q

Can you be guilty of possession or possession with intent to deliver if the subtances isn’t actually a controlled substance?

A

No. It has to actually be a controlled substance. Can be guilty of possession w/ intent to deliver an imitation controlled substance if you make representations that would lead a reasonable person to think its a controlled substance

160
Q

Is arson of dwelling and arson of insured prop conviction violation of double jeopardy?

A

No. Separate offenses. One requires intent to defraud insurer and other requires proof of burning within curtilage

161
Q

Is aiding and abetting a separate offense?

A

No its a prosecution theory

162
Q

Corpus Delicti Rule

A

P may not admit into evidence the confession of the accused without proof of the corpus delicti. MAy not be admitted unless there is proof indepedent of the confession establishing
1. occurence of specific injury AND
2. some criminal agency as the source of the injury
Just need to show by POE

163
Q

Carrying a concealed weapon in a car

A
  1. item is in fact a dangerous weapon
  2. Weapon was in the vehicle that D was in
  3. D knew the weapon was in the vehicle
  4. D played a part in carrying the weapon in the vehicle or keeping it there
164
Q

Self defense is not an defense to

A

carrying a concealed weapon

Criminal Law (2 decks)

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