Elements of Crimes Flashcards
Larceny by false pretenses
- 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
In larceny by false pretenses, what’s not a false pretense
a statement of opinion - especially sales talk or “puffing”
Under false pretenses, when does a D have an intent to defraud?
When D intends that the person to whom the false representation is made will rely upon it
Principal
person whose acts or omissions are the actus reus of the crime; must be actually or constructively present at scene of crime
accomplice
a person who, with the requisite mens rea, aids or abets a principal prior to or during the commission of the crime
accessory before the fact
an accomplice who is neither physically no constructively present during the commission of the crime, but who possesses the requisite intent
M’Naghten Rule
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”)
Irresistible Impulse test
D lacked capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law)
Durham Insanity Test
the unlawful act was the product of D’s mental disease or defect
(the “but for” test)
Model Penal Code Insanity
- *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
Common law murder
the unlawful killing of another human being with malice aforethought
4 ways to show malice for common law murder
- intent to kill
- intent to do serious bodily injury
- reckless indifference to human life (depraved heart)
- intent to commit a felony (felony murder)
First Degree Murder
deliberate and premeditated murder
Second Degree Murder
murder committed with the necessary malicious intent
Voluntary Manslaughter
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)
Involuntary Manslaughter
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
Larceny
- Trespassory
- taking and
- carrying away
- of the personal property
- of another
- with the specific intent to permanently deprive the owner of the property
Larceny by trick
- larceny
- accomplished by fraud or deceit
- that results in the conversion of the property of another
forgery
- making
- of a false writing
- with apparent legal significance
- with the intent to defraud
Embezzlement
- fraudulent
- conversion
- of the property
- of another
- by a person who is in lawful possession of the property
Robbery
- larceny
- from the person or presence of the victim
- by force or intimidation
Extortion
- 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
Burglary (common law)
- breaking and
- entering
- of the dwelling
- of another
- at nighttime
Arson
- malicious
- burning
- of the dwelling
- of another
Possession offenses
- 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**
Receipt of stolen property
- receiving control of stolen property
- knowledge that the property is stolen
- intent to permanently deprive owner of the property
Battery
- unlawful
- application of force
- to another person
- that causes bodily harm to that person or constitutes an offensive touching
Assault
- an attempt to commit a batter
or - intentionally placing another in apprehension of imminent bodily harm
mayhen
a common-law felony battery that causes the dismemberment or permanent disfigurement of a person
kidnapping
- unlawful
- confinement of a person
- against that person’s will
- coupled with either: (1) the movement or (2) hiding of that person
false imprisonment
- unlawful
- confinement of a person
- without consent
rape
- unlawful
- sexual intercourse
- with a female/person
- against their will by force or threat of immediate force
solicitation
- enticing, encouraging, requesting, or commanding another person
- to commit a crime
conspiracy
- an agreement
- between two or more persons
- to accomplish an unlawful purpose
- with the intent to accomplish that purpose
attempt
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
Duress
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
