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Question 0

In what kind of situation is it not an implied representation that a person could immediately cash the check that you give them?

Answer 0

If the check is postdated, or the person tells you not to cash it until a future date

Question 1

Why is writing a bad check considered a new crime?

Answer 1

Because when you give a check, you are representing that you have enough in your account to cover it

Question 2

What are the elements of a bad check?

Answer 2

• knowledge of insufficient funds

- giving a check

Question 3

Does something have to be obtained from the victim as a result of a bad check?

Answer 3

No, it just has to be given with the bad state of mind

Question 4

What is kidnapping?

Answer 4

Unlawful seizure of a person plus asportation from one place to another

Question 5

When are harsher penalties often given in kidnapping cases?

Answer 5

When the kidnapping is for ransom

Question 6

If kidnapping comes up on an exam, what are you really meant to discuss?

Answer 6

Vicarious liability. Briefly discuss the kidnapping, then focus on whether the vicarious liability that results is based on conspiracy theory or accomplice theory

Question 7

What is receiving stolen property?

Answer 7

Receipt of stolen property with knowledge that it was stolen and the intent to deprive the owner of his property

Question 8

What is the modern trend for receiving stolen property?

Answer 8

To require something less than actual knowledge that the goods are stolen and includes concealing and withholding stolen property

Question 9

Can there be a concurrence issue in receiving stolen property?

Answer 9

If you take stolen property and then later learn it is stolen

Question 10

Can you be guilty of stealing and receiving the same item?

Answer 10

No

Question 11

What is a fence?

Answer 11

Person who regularly buys and sells stolen property

Question 12

What are the elements of receiving stolen property?

Answer 12

• receiving
• stolen property
• knowing it is stolen
• with intent to deprive the owner of his property

Question 13

What is required for the receipt element of stolen property?

Answer 13

Actual possession or constructive possession

Question 14

What is constructive possession?

Answer 14

Someone that takes possession based on the defendant’s prior agreement

Question 15

What is an example of constructive possession?

Answer 15

Depositing goods in a predetermined place

Question 16

If negotiations are interrupted by the police before the transaction is complete, has receipt of stolen property taken place?

Answer 16

No

Question 17

If negotiations are interrupted by police before a transaction is complete, and the cops induced one party to move forward with the transfer of stolen property to another party, can that other party be guilty of receipt of stolen property?

Answer 17

• CL: no, because the goods are no longer stolen once the police are involved
• MPC: if D believes the property was stolen, he is just as culpable as if the goods were still stolen, so he is guilty

Question 18

What does the MPC say about the receiving element of stolen property?

Answer 18

You must receive, retain, or dispose

Question 19

Under the MPC if you receive stolen goods without knowing they were stolen, but later learn that they were and hide them, are you guilty of receipt of stolen property?

Answer 19

Yes

Question 20

Who is a receiver for receipt of stolen property?

Answer 20

Anyone that receives stolen goods knowing they are stolen

Question 21

Do you have to help the original thief escape arrest, evade prosecution, or profit from their original crime beyond buying stolen goods in order to be a receiver?

Answer 21

Nope

Question 22

What is considered stolen property as an element for receipt of stolen property?

Answer 22

Property gotten by larceny (robbery, burglary, false pretenses, embezzlement)

Question 23

If you receive stolen goods from a child, can you be guilty of receipt of stolen property?

Answer 23

Yes, although the child has not committed a crime

Question 24

What is a legal impossibility for receipt of stolen property?

Answer 24

If property is recovered by police and used in a sting operation, it loses its stolen status, so you can’t be guilty of receiving stolen property

Question 25

What is the exception to the idea that property that has been commandeered by the police is no longer stolen?

Answer 25

Modern courts recognize attempted receipt of stolen goods in a case where police have been involved if the property is conveyed between parties that reasonably believe the goods were stolen.

Question 26

What must D know about property in order to be charged with receipt of stolen property?

Answer 26

He must’ve had actual, subjective knowledge or believe the goods were probably stolen

Question 27

How can you prove subjective knowledge that something is stolen for receipt of stolen property?

Answer 27

Circumstantial evidence

Question 28

Is it enough to be charged with reciept of stolen property if a reasonable person would have believed that something was stolen?

Answer 28

No

Question 29

If a defendant has an honest but unreasonable belief that property isn’t stolen, could that prevent conviction of the receipt of stolen property?

Answer 29

Yes

Question 30

If someone offers to sell you a $300 watch for $25, you don’t know for certain that it is stolen, but…

Answer 30

You have a pretty good idea it is

Question 31

At the time a defendant receives the goods, in order to be charged with receipt of stolen property, he must have what?

Answer 31

Specific intent to permanently deprive the owner of the property

Question 32

If a defendant’s purpose was to aid a thief by hiding goods for him or destroying goods, can he be guilty of receipt of stolen property?

Answer 32

Yes

Question 33

If you accept stolen goods with the purpose of returning them, can you be guilty of receipt of stolen property?

Answer 33

No, because goods must be received for a dishonest purpose

Question 34

How can entrapment be a defense to receipt of stolen property?

Answer 34

The goods are no longer stolen once the police get involved

Question 35

How is the Wharton Rule often applied to receipt of stolen property?

Answer 35

Often on a test you must apply the Wharton rule for conspiracy to receiving stolen property. This prevents prosecution of only two people for the crime

Question 36

How is the legal impossibility defense often applied to receipt of stolen property?

Answer 36

Goods aren’t actually stolen because the police let them be taken to track down a thief

Question 37

What is possession?

Answer 37

An act where the possessor knowingly procures or receives the thing or was aware of his control for a sufficient period of time that he was able to terminate possession

Question 38

What are four factors to help determine possession?

Answer 38

• defendant’s proximity to the contraband
• if the contraband was in plainview/easily accessible
• indication of mutual use/enjoyment
• if defendant had ownership/possessory interest in the location the contraband was found

Question 39

What is CL burglary?

Answer 39

Trespassory breaking and entering of the dwelling house of another at night with the intent to commit a felony therein

Question 40

When is a burglary complete?

Answer 40

At the time of the entry even if nothing was taken from the house

Question 41

If D completes the intended crime inside the house, can he be found guilty of both burglary and that crime ?

Answer 41

Yes, there is no merger here