Essay Qs Flashcards
Essay Q1
Homicide (similar to midterm essay)
Essay Q2: What are the necessary elements of criminal attempt?
- overt act
- specific intent to commit crime
MPC-substantial step: overt act strongly cooberative of criminal’s intent)
-when 1st guilty of attempt (substantial step)
Essay Q3: List and define 4 purposes of crim punishment
- retribution
- deterrence (specific and general)
- incapacitation
- rehabilitation
Essay Q4: Describe crimes of larceny, embezzlement, and false pretenses
list:
1. mens rea
2. activity
3. method
4. whether title passes
property crimes slide chart
LARCENY
1. activity: taking and asportation of prop from possession of another person
2. method: w/out consent or w/ consent obtained by fraud
3. intent: w/ intent to steal
4. title: title does not pass
EMBEZZLEMENT
1. activity: conversion of prop. held pursuant to a trust agreement
2. method: use of prop. in a way inconsistent w/ the terms of trust
3. intent: w/ intent to defraud
4. title: title does not pass
FALSE PRETENSES
1. activity: obtaining title to property
2. method: by consent induced by fraudulent misrepresentation
3. intent: w/ intent to defraud
4. title: title passes
