Elements of Crimes

Question 1

Larceny by false pretenses

Answer 1

• obtaining title to property
• of another person
• through the reliance of that person
• on a known false representation of a material past or present fact
• representation made with intent to defraud

Question 2

In larceny by false pretenses, what’s not a false pretense

Answer 2

a statement of opinion - especially sales talk or “puffing”

Question 3

Under false pretenses, when does a D have an intent to defraud?

Answer 3

When D intends that the person to whom the false representation is made will rely upon it

Question 4

Principal

Answer 4

person whose acts or omissions are the actus reus of the crime; must be actually or constructively present at scene of crime

Question 5

accomplice

Answer 5

a person who, with the requisite mens rea, aids or abets a principal prior to or during the commission of the crime

Question 6

accessory before the fact

Answer 6

an accomplice who is neither physically no constructively present during the commission of the crime, but who possesses the requisite intent

Question 7

M’Naghten Rule

Answer 7

D did not know either
- the nature and quality of the act or
- the wrongfulness of the act because of a defect of reason due to mental disease
(“right from wrong test”)

Question 8

Irresistible Impulse test

Answer 8

D lacked capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law)

Question 9

Durham Insanity Test

Answer 9

the unlawful act was the product of D’s mental disease or defect
(the “but for” test)

Question 10

Model Penal Code Insanity

Answer 10

• *Combines M’Naghten and irresistible impulse**
• at the time of the conduct, D lacked substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to law, as a result of mental disease or defect

Question 11

Common law murder

Answer 11

the unlawful killing of another human being with malice aforethought

Question 12

4 ways to show malice for common law murder

Answer 12

• intent to kill
• intent to do serious bodily injury
• reckless indifference to human life (depraved heart)
• intent to commit a felony (felony murder)

Question 13

First Degree Murder

Answer 13

deliberate and premeditated murder

Question 14

Second Degree Murder

Answer 14

murder committed with the necessary malicious intent

Question 15

Voluntary Manslaughter

Answer 15

homicide committed with malice aforethought, but also with mitigating factors

• heat of passion (transferred provocation applies)
• imperfect defense (D started it or improperly used deadly force)

Question 16

Involuntary Manslaughter

Answer 16

an unintentional homicide committed with criminal negligence or during an unlawful act

• criminal negligence = a grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious injury or death
• unlawful act = (1) killing during a malum in se (assault, battery, etc) or (2) a felony that is not treated as first degree felony murder or second-degree murder

Question 17

Larceny

Answer 17

• Trespassory
• taking and
• carrying away
• of the personal property
• of another
• with the specific intent to permanently deprive the owner of the property

Question 18

Larceny by trick

Answer 18

• larceny
• accomplished by fraud or deceit
• that results in the conversion of the property of another

Question 19

forgery

Answer 19

• making
• of a false writing
• with apparent legal significance
• with the intent to defraud

Question 20

Embezzlement

Answer 20

• fraudulent
• conversion
• of the property
• of another
• by a person who is in lawful possession of the property

Question 21

Robbery

Answer 21

• larceny
• from the person or presence of the victim
• by force or intimidation

Question 22

Extortion

Answer 22

• the taking of money or property from another by threat
• • making the threat is the essence of the crime**
• • the threat doesn’t need to be of immediate harm or of a physical nature
• • the property doesn’t need to be ON the victim or in his presence

Question 23

Burglary (common law)

Answer 23

• breaking and
• entering
• of the dwelling
• of another
• at nighttime

Question 24

Arson

Answer 24

• malicious
• burning
• of the dwelling
• of another

Question 25

Possession offenses

Answer 25

• D exercises dominion and control over a prohibited object or substance

** D is not required to be aware that possession of the object is illegal**

Question 26

Receipt of stolen property

Answer 26

• receiving control of stolen property
• knowledge that the property is stolen
• intent to permanently deprive owner of the property

Question 27

Battery

Answer 27

• unlawful
• application of force
• to another person
• that causes bodily harm to that person or constitutes an offensive touching

Question 28

Assault

Answer 28

• an attempt to commit a batter
  or
• intentionally placing another in apprehension of imminent bodily harm

Question 29

mayhen

Answer 29

a common-law felony battery that causes the dismemberment or permanent disfigurement of a person

Question 30

kidnapping

Answer 30

• unlawful
• confinement of a person
• against that person’s will
• coupled with either: (1) the movement or (2) hiding of that person

Question 31

false imprisonment

Answer 31

• unlawful
• confinement of a person
• without consent

Question 32

rape

Answer 32

• unlawful
• sexual intercourse
• with a female/person
• against their will by force or threat of immediate force

Question 33

solicitation

Answer 33

• enticing, encouraging, requesting, or commanding another person
• to commit a crime

Question 34

conspiracy

Answer 34

• an agreement
• between two or more persons
• to accomplish an unlawful purpose
• with the intent to accomplish that purpose

Question 35

attempt

Answer 35

a substantial step toward the commission of a crime (beyond mere preparation); coupled with:
- the specific intent to commit the crime

Factual impossibility - not a defense
Legal impossibility - is a defense
Abandonment - not a defense after substantial step

Question 36

Duress

Answer 36

a third party’s unlawful threat that causes D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes D to do so