other crimes against the person or property Flashcards
In order to commit robbery, one must use force or intimidation to take or retain the item. The force used must be sufficient to ?
overcome the victim’s resistance
In order to commit robbery, one must use force or intimidation to take or retain the item. If a threat is used, it must be of immediate death or serious physical injury to (which persons, which property)?
to the victim, a member of her family, a relative, a person in her presence at the time. A threat to damage property is not sufficient, except for a threat to destroy the victim’s dwelling.
When the victim is _______, a kidnapping is generally elevated to “aggravated kidnapping.”
a child
With regard to the crime of robbery, the force or threats of force may be used to?
either to gain possession of the property or to retain possession immediately after such possession has been accomplished.
Kidnapping is the confinement of a _______ that involves _______ or _______.
Person; some movement of the victim; concealment of the victim in a secret place
During the commission of a robbery, the defendant moves the victim from the street to an alley. For the defendant to be convicted of kidnapping as well as robbery, what must be true of the victim in the process?
The victim must have been0 placed in greater risk than that which ordinarily occurs for robbery. Akidnapping (in addition to the other crime) is committed only if the movement of the victim substantially increases the risk to the victim over and above that necessarily involved in the other crime. If no such increased risk is involved, the defendant will be held to have committed only the other crime.
The dismemberment or disablement of a victim’s body part is the common law crime of?
Mahem.
Is duration of the kidnapping a basis to elevate a kidnapping to aggravated kidnapping?
No. The fact that the victim is held for a long period of time generally is not considered in determining whether a kidnapping is “aggravated.”
One _____ consent to a battery, ______ consent to assault. (can or cannot for each?)
can consent to both! E.g., boxers consent to assault.
At common law, mayhem is an aggravated form of ? It requires the ___ or ___ of a body part.
battery. It requires dismemberment (removal) of some body part or disablement of a body part.
In order to commit robbery, must it be the case that the force used must be sufficient to overcome the victim’s resistance?
yes, must be sufficient to overcome the victim’s resistance
If rape victim says they didn’t consent b/c you were defrauding her, you can prove consent was adequate if victim knew the ____?
nature of the act (i.e., sexual intercourse).
The constitutional to use deadly force in arresting an unarmed escaping felon?
It is unconstitutional unless the officer has probable cause to believe the suspect poses a threat of death or serious injury to the officer or others.
What is the difference between larceny by trick and false pretenses?
Larceny by trick does not convey title, only possession. False pretenses consists of obtaining title to a property by false statement with intent to defraud.
If I agree that you may hold my computer from month, and then ask my friend to get it out of the back of your car, has my friend committed larceny? Why or why not?
No, no larceny. Larceny requires the intent to permanently or for an unreasonable time deprive a person of his interest in the property. Where the person taking the property does not believe that its current possessor has an interest therein, there can be no larceny because the intent is missing.
If I entered through an unlocked door, take your chair, and lighting on fire on the lawn, what crimes can be charged with? May be charged with burglary?
Only larceny, because I intended to deprive you of possession of the chair. It’s not arson because it wasn’t the dwelling, and it’s not burglary because there was no breaking due to the unlocked door.
In addition to breaking in, burglary requires what intent?
The intent to commit a felony.
If you take your own van from a mechanic paying for repairs, have you committed a crime? If so, which one.
You have committed larceny. Where someone else has a superior right to possession of your property (such as a bailee) you are guilty of larceny when taking it back without consent.
What I sign a false timecard and get paid for extra work, have I committed forgery, embezzlement, larceny by trick, or false pretenses?
I’ve committed false pretenses by obtaining title to the property by misrepresenting the hours I have worked with the intent to get paid in full. It is not embezzlement because I am not lawfully in possession of another’s property – at no time was my holding of my pay lawful.
Larceny involves taking property from one who has _______ it.
Possession of (needn’t be property interest)
A writing that has __________ may be the subject of common law forgery. Need it have monetary value?
apparent legal significance. No monetary value needed.
Modern criminal codes often consolidate, under the single title of “theft,” the common law offenses of: 1? 2. Robbery included?
- Larceny, embezzlement, false pretenses, and receipt of stolen goods
- No because robbery involves the additional element of force or intimidation
Asportation is an element of what crime? Define
Larceny. –> asportation = removal of goods
