Mid-Term Cards

Question 1

Iowa Theft

Answer 1

Takes possession or control of the property of another, or property in the possession of another with the intent to permanently deprive the other thereof

Question 2

Iowa operating a motor vehicle w/o consent

Answer 2

Possession or control of any self-propelled latter statute prohibits the possession or control of any self-propelled vehicle without the consent of the owner of such but without the intent to permanently deprive the owner thereof

Question 3

NY Trespass

Answer 3

Knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders

Question 4

Common Law Robbery

Answer 4

Taking and carrying away of property, with the intent permanently to deprive its owner thereof, by force or threat of force

Question 5

Common Law Burglary

Answer 5

Breaking and entering the dwelling house of another in the nighttime with intent to commit a felony

Question 6

21 USC

Answer 6

Possession with intent to distribute requires knowingly or intentionally possessed the marijuana, possessed the marijuana with the intent to distribute, and knew the marijuana was a controlled substance

Question 7

California Aiding and Abetting a Suicide

Answer 7

Every person who deliberately aids, or advises or encourages another to commit suicide is guilty of a felony

Question 8

California Diversion of Construction Funds

Answer 8

Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully fails to apply such money for such purpose by either willfully failing to complete the improvements for which funds were provided or willfully failing to pay for services, labor, materials or equipment provided incident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received, shall be guilty of a public offense

Question 9

California Burglary

Answer 9

Enters any house, room, apartment, store, or other building, with intent to commit larceny or any felony is guilty of burglary

Question 10

Minnesota Keeping Intoxicating Liquors in a Motor Vehicle

Answer 10

1) No person shall drink or consume intoxicating liquors or 3.2 percent malt liquors in any motor vehicle when such vehicle is upon a public highway
2) No person shall have in possession while in a private motor vehicle upon a public highway any bottle or receptacle containing intoxicating liquor or 3.2 percent malt liquor which has been opened, or the seal broken, or the contents of which have been partially removed.
3) It shall be unlawful for the owner of any private motor vehicle or the driver, if the owner be not then present in the motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon the public highway any bottle or receptacle containing intoxicating liquors or 3.2 percent malt liquors which has been opened or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle shall be kept in the trunk…or in kept in some other area of the vehicle not normally occupied by the driver and passengers. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

Question 11

Maine Theft and Embezzlement

Answer 11

1) A person is guilty of theft if he obtains or exercises unauthorized control over the property of another with intent to deprive him thereof
a. Intent to deprive means to have the conscious object
i. To withhold property permanently or for so extend a period or to use under such circumstances that a substantial portion of its economic value or the use and benefits thereof, would be lost
ii. To restore the property only upon payment of a reward or other compensation
iii. To use or dispose of the property under circumstances that make it unlikely that the owner will recover it or that manifest an indifference as to whether the owner will recover it
2) As used in this section “exercises unauthorized control” includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, larceny by conversion, larceny by bailee and embezzlement
a. Embezzlement is usually defined as the conversion of another’s property after that property was entrusted to the defendant, guilty of keeping property that is not theirs rather than taking it

Question 12

Regina v. Dudley & Stephens

Answer 12

• “in order to save your own life you may [not] lawfully take away the life of another, when that other is neither attempting nor threatening yours, nor is guilty of any illegal act whatever towards you or anyone else.”

Question 13

People v. Kellogg

Answer 13

• It is permissible under the 8th amendment for a state to impose criminal punishment when addict engages in conduct which spills into public areas but not because of his condition of being a homeless alcoholic

Question 14

Gray v. Kohl

Answer 14

• School safety zone statute is unconstitutionally vague because it does not provide citizens of ordinary intelligence with reasonable notice of what legitimate business means

Question 15

In re Joseph G

Answer 15

I. Assisted suicide if defendant played passive role
a. Merely furnished the means
b. Freely entered into by victim, instrumentality of death rules out fraud because consequences are equal for both
c. Death and the attempted are simultaneous
II. Level of Culpability
a. Ability to change mind, who makes the decision to die in the end, heartless

Question 16

People v. Cleaves

Answer 16

• Although Cleaves may not have applied pressure to the ligature itself, he admits his holding Eaton to keep him from failing off the bed was designed to assist Eaton to complete the act of strangulation active assistance in the over act of strangulation. Cleaves behavior allows Eaton to finish the job

Question 17

US v. Tapia

Answer 17

• And so this is a case in which text, context, and history point to the same bottom line: Section 3582 precludes sentencing courts from imposing or lengthen a prison term to promote an offender’s rehabilitation

Question 18

People v. Stark

Answer 18

• “We conclude Penal Code Section 484b defines a general intent crime…. definition of a crime consists of only the description of a particular act, without reference to intend to do a further act” it is a general intent crime

Question 19

In re V.V.

Answer 19

• “A defendant may be guilty of arson if he or she acts with awareness of facts that would lead a reasonable person to realize that the direct, natural, and highly probable consequences of igniting and throwing a firecracker into dry brush would be the burning of the hillside”
– Aware of risk or should have been

Question 20

McBoyle v. US

Answer 20

• Statute: The term “motor vehicle” shall include an automobile, automobile truck, automobile wagon, motor cycle, or any other self-propelled vehicle not designed for running on rails.
• Does it apply to planes?
• Plain Meaning

Question 21

Tennessee Valley Authority

Answer 21

• Statute: Federal agencies must “insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence” of an endangered species or “result in the destruction or modification of habitat of such species.”
• “When confronted with a statute which is plain and unambiguous on its face, we ordinarily do not look to legislative history as a guide to its meaning.”

Question 22

State V. Schminkey

Answer 22

• Statute: A person commits theft when he “takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof….”
• Holding:
I. An intent to permanently deprive the owner of his property is an essential element of theft
II. The mere fact that Schminkey took the pickup without the owner’s consent does not give rise to an inference that he intended to permanently deprive the owner of the vehicle

Question 23

US v. Oglivie

Answer 23

• Statute: Any person subject to this chapter who, with intent to deceive, signs any false record… knowing it to be false… shall be punished as a court-martial may direct.
I. For specific intent
a. An honest mistake of fact is a defense
b. Mistake only needs to be honest
II. For General intent
a. A mistake of fact must be both honest and reasonable

Question 24

US v. Binegar

Answer 24

• Statute: wrongfully takes or obtains . . . any money [or] personal property . . . from possession of the owner . . . with intent to permanently deprive or defraud another . . .

Question 25

State v. Loge

Answer 25

• Statue: “under § 645.17(3), the state need not prove that the driver and sole occupant of a motor vehicle on a public highway knew of the existence of the open bottle containing intoxicating liquors in the motor vehicle.”
• Strict Liability
• Another way to say no mistake of fact defense
• No matter how reasonable the belief

Question 26

State v. Ducker

Answer 26

• Statute: “knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury or neglects such a child so as to adversely affect the child’s health and welfare… and such abuse results in serious bodily injury”
• Knowingly neglects, knows it will result in injury, and Serious bodily injury results

Question 27

Santos

Answer 27

• Does “proceeds” under money laundering statute mean Receipts or Profits
• Rule of Lenity

Question 28

Rehaif

Answer 28

• § 924(a)(2):
o “Whoever knowingly violates … § 922” is guilty
• § 922(g) makes is a crime for a person who
o “being an alien—(A) is illegally or unlawfully in the United States
o Possesses
o A firearm
o Used in interstate commerce
• “We hold that the word ‘knowingly’ applies both to the defendant’s conduct and to the defendant’s status [unlawfully in the U.S.].”
o “To convict a defendant, the Government must therefore show that the defendant knew he possessed a firearm and also that he knew he had the relevant status [unlawfully in the U.S.] when he possessed it.”

Question 29

People v. Luke

Answer 29

• Statute: “knowingly enters or remains unlawfully in a building or upon real property (a) which is fenced or otherwise enclosed in a manner designed to exclude intruders….”
• “unlawfully” = without license or privilege

Question 30

State v. Keeton

Answer 30

• Statute: Assault: Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.
• Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.
• Robbery

Question 31

State v. Carter

Answer 31

• (a) Whoever, by force and violence, or by intimidation, takes … from … another … money … belonging to any bank …
• (b) Whoever takes and carries away, with intent to steal or purloin, any … money … exceeding $1,000 belonging to … any bank …
o Up to 20 years for (a)
o Up to 10 years for (b)
• Defendant entitled to lesser included offense instruction (over prosecutor’s objection) if lower is a subset of higher crime.
o Subset means lower crime does not have any elements not included in higher crime.

Question 32

State v. Evans

Answer 32

• Statute: Identity theft of “another person, living or dead”
• Interpretation versus construction
o If the plain meaning is ambiguous,
 “we must engage in statutory construction”
o Construction means the court declares what the meaning is based on some other source, such as legislative history

Question 33

People v. Sparks

Answer 33

• Statute: One who “enters any house, room, apartment, tenement… with intent to commit … any felony is guilty of burglary.”
• Room means room
o “we conclude that the unadorned word ‘room’ in section 459 reasonably must be given its ordinary meaning.”
• Room means bedroom or other especially private room
o “Here, the 22-year-old victim, living in her family’s house, reasonably could expect significant additional privacy and security when she retreated into her own bedroom.”

Question 34

State v. Moon

Answer 34

• They ignored the patent possibility that he committed theft under the portion ‘under circumstances that make it unlikely to be returned.’”

Question 35

People v. Perry

Answer 35

• Definition of property, “Permanent Deprivation”, Theft versus use

Question 36

Garcia v. Florida

Answer 36

• Government must prove knowledge as to:
o Presence of the substance possessed and
o Its illicit nature
o I.e. prove the person knew the substance they possessed was heroin, or meth, or whatever
• Need not prove they knew heroin is illegal
• No mistake of law defense

Question 37

People v. Jacques

Answer 37

• Enter any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory, or other building, boat, ship, railroad car or structure…

Question 38

General Intent

Answer 38

i. Prosecutor only has to prove defendant intended to commit the prohibited conduct “intent to do the criminal act”
ii. Consciously choose the physical acts that constitute the relevant crime
iii. Must be volitional, some exercise of the defendant’s will was involved
iv. Must prove intent for conduct only, no need to prove intent for result, intent means defendant had the purpose to do the conduct, not usually in the statute

Question 39

Specific Intent

Answer 39

i. Tried to cause some injury or to bring about some harmful or legally forbidden result—knowledge that act would be illegal, on purpose
ii. Proxy for future harm
iii. Must also prove intent for the result, or intent to do some future act, usually this extra intent state in the statute

Question 40

Strict Liability

Answer 40

a. No Mistake of Fact Defense, no matter how reasonable the belief
i. Statutory Rape and Traffic Crimes

Question 41

Ejusdem Generis

Answer 41

Of the same type