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Criminal Law B > Criminal Law B > Flashcards

Criminal Law B Flashcards

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0
Q

Definition of THEFT

A

A class of crimes concerning the involuntary transfer of personal property

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1
Q

Types of theft

There are 8

A 
Embezzlement
Extortion
False pretenses
Forgery
Larceny
Misappropriation
Receiving stolen property
Robbery
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2
Q

Definition of BURGLARY

A

Burglary is a crime against real property, punishing entry into another’s home with the intent to commit a felony.

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3
Q

ROBBERY

SS 211 Definition

A

Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by means of force or fear.

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4
Q

ROBBERY FEAR DEFINED

ss 212

A

The fear mentioned in section 211 may be either:

1) The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his fear or member of his family or:
2) The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the ropbbery

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5
Q

ROBBERY DEGREES

ss 212.5

A

a) any robber of any person doing their job, on a bus, taxi trolley, vehicle, cars,is guilty of robbery in the first degree
b) any robber of any person using an ATM is guilty of robbery in the first degree
c) all other kinds of robberies are second degree

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6
Q

LARCENY

ss 484 theft defined

A

Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another or who shall fraudulently appropriate property which has been entrusted to him or her……is guilty of theft

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7
Q

LARCENY ss 485

THEFT;Appropriation of lost property with knowledge or means of inquiry as to true owner

A

One who finds property under circumstance which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without making reasonable efforts to find the owner and to restore the property to him, is GUILTY OF THEFT

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8
Q

LARCENY

Theft DEGREES

SS486

A

Theft is divided into 2 degrees, the first of which is termed grand theft and the second, petty theft.

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9
Q

GRANT THEFT DEFINED

ss487

A

When the value exceeds 950

but it is $250 when it is for fowls, avocados, olives, citrus other farm crops

Aquaculture is the same $250

MOney labor or real or personal property taken is $950 consecutive 12 month period

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10
Q

LARCENY

CRIMES AGAINST PROPERTY

ss496

A

Receiving stolen property knowing the property was stolen shall be punished by imprisonment in a county jail

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11
Q

EXTORTION

ss518

A

Extortion is obtaining of property from another with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right

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12
Q

GENERAL PROVISIONS

ss666 PettyTheft

A

Petty theft

punishable by imprisonment not to exceed 1 year

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13
Q

CALJIC 9.40 ROBBERY

Every person who takes personal property in the possession of another, against the will from the person or immediate presence of that person, accomplished by force or fear with SPECIFIC INTENT permanently to deprive that person of the property, is guilty of the crime of ROBBERY

A

In order to prove this crime the following elements must be proved:

  1. A person had possession of property of some value
  2. The property was taken from that person form his immediate presence or carried away
  3. the property was taken agains the will of the person
  4. The taking or carrying away was accomplished wither by force or fear
  5. the property was taken with the specific intent to permanently deprive the person of the property
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14
Q

CALJIC 9.40.1

ROBBERY NOT CONFINED

A

The commission of robbery id not confined to a fixed place or a limited period of time and continues so long as the stolen property is being carried away to a place of temporary safety.

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15
Q

CALJIC 9.40.2

The crime of robbery

A

To constitute the crime of robbery, the perpetrator must have formed the specific intent to permanently deprive an owner of his property before at the time that the act of taking the property occurred. If the intent was not formed until after the property was taken from the person immediate presence of the victim, the crime of robbery has not been committed.

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16
Q

CALJIC 9.40 .3

POSSESSION ROBBRY WHILE AT WORK

A

Constructive possession requires that a person knowingly exercise direct physical control over a thing. the law relates to the crime of robbery is that all employees have constructive possession of the employer’s property while on duty and thus may be separate victims of a robbery of the employers business

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17
Q

CALJIC 9.41

THE ELEMENT OF FEAR

A

The element of fear int he crime of robbery may be either:

1) The fear of an unlawful injury to the person or property of the person robbed, or to any of his relatives or family members or
2) The fear of an immediate and unlawful injury tot he person or property of anyone in the company of the person robbed at the time of the robbery.

18
Q

CALJIC 9.44

ROBBERY the specific intent

A

the specific intent (of the actor) dos not exist if the alleged perpetrator has a good faith claim of right to title or ownership of the specific property taken from the alleged victim.

the required specific intent exists if the perpetrator is attempting to satisfy, settle or otherwise collect a debt

19
Q

CALJIC 14.00

THE CRIME OF THEFT:may consist of

1) theft by larceny
2) Theft by trick or device
3) Theft by embezzlement
4) theft by false pretense

A

ibid

20
Q

Pena CASe

A

3rd Party

21
Q

SS221 ROBBERY DEFINITION

A

Robbery is the felonious taking of taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force of fear.

22
Q

ss 212 Fear defined

A

fear mentioned in 211

the fear of an unlawful injury to the person or property of the person robbed or of relative of his or member of his family, or

the fear of an immediate and unlawful injury to the person of anyone in the company of the person robbed a the time of the robbery

23
Q

ss 212.5 Robbery degrees

A

if performing a job in transportation, boat, train, etc., is first degree murder

ATm robbery is first degree murder

24
Q

ss 486

Theft degrees

A

Theft is divided into two degrees:

1) grand theft $950
2) petty theft Less than $250

25
Q

ss 496 Receiving stolen property

A

receiving and knowing that property received has been stolen, shall be punished by inprisonment

HOWEVER< no person may be convicted both of Receiving stolen property and for stealing it

26
Q

ss 518 EXTORTION

A

Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer , induced by a wrongful use of force or fear, or under color of official right.

27
Q

ss666
General Provisions

Petty Theft with a prior conviction

A

If convicted 3 or more times of petty theft , grand theft, or auto theft, etc., for one year

28
Q

Two species of FAULT

Subjective Fault

A

requiring proof of the particular actor’s actual state of mind with regard to his/her actions or the surrounding circumstances

29
Q

two species of Fault:

Objective fault

A

Objective or imputed fault determined according to a reasonable person standard.

30
Q

Resisting public officers PC 148

A

Every person who willfully resists, delays, or obstructs…

31
Q

Mayhem PC 203

A

Every person who unlawfully and maliciously deprives a person of a member of his body….

32
Q

ROBBERY PC 211

A

Robbery is the felonious taking of personal property in the possession of another

33
Q

Rape

PC 261

A

rape is an act of sexual intercourse accomplished with a person …against a person’s will by means of force, violence, duress, menace…

34
Q

BURGLARY

PC 459

A

Every person who enters a house…with the intent to commit grand or petit larceny or any felony…

35
Q

RECEIVING STOLEN PROPERTY

PC 496

A

Every person who buys or receives any property that has been stolen…knowing the property to be stolen…..

36
Q

SPECIFIC INTENT

A

a specific intent crime is one requiring, in addition to proof of the defendant’s intent to o the proscribed act, his/her intent to do some further act or achieve additional consequence.

37
Q

GENERAL INTENT CRIMES

A

General intent crimes include some subjective fault crimes in addition to all objective fault crimes

Intent to do one thing.

38
Q

MISTAKE OF FACT

A

Claims of reasonable mistake of fact have often arisen in the context of “sex”.

the defendant contends that his mistake was reasonable and therefore negated an objective mental state element of the crime charged, i.e.., since a reasonable person would have made the same mistake…

39
Q

MISTAKE OF LAW

A

Ignorance of the law is no excuse, so a defendant’s mistake of law, no mater how reasonable, is generally no defense.

40
Q

HOMICIDE: Intentional Killing

A

An intentional homicide, if not justified or excused, is either murder or voluntary manslaughter. It is murder if the defendant killed with malice aforethought.

41
Q

HOMICIDE UNINTENTIONAL KILLINGS

A

An unintentional killing is murder if the defendant acted with implied malice, i.e.”when circumstances attending the killing show an abandoned and malignant heart” PC 188

IF MALICE IS ESTABLISHED, pc 189 again comes into play to determine the degree of murder but the fact that A KILLING WAS UNINTENTIONAL PRECLUDES FINDING THAT IT WAS DONE WITH PREMEDITATION AND DELIBERATION.

42
Q

HOMICIDE:

KILLINGS IN THE COMMISSION OF ANOTHER CRIME

A

FELONY MURDER

At the common law, felony-murder rule defined one species of malice aforethought, providing that any killing done in commission or attempted commission of a felony was murder.

43
Q

MISDEMEANOR MANSLAUGHTER rule

A

provides that any killing during commission or attempted commission of a misdemeanor was involuntary manslaughter

Criminal Law B (1 decks)

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