Test 2 - Packet Definitions (2)

Question 1

larceny is a crime against possession. Property has to be taken from someone who has a right of possession superior to that of the defendant

Answer 1

Of Another

Question 2

EXAMPLE

Of Another - Larcency

Answer 2

You can commit larceny by taking your own property; you take your car to the garage for repairs, the garage has as superior interest in the car up to the dollar amount of the parts and labor they put inot the car to repair it. D uses a second key and takes his car from the lot without paying his bill. This is a larceny as he took the garage’s superior interest in the car

Question 3

This cannot be the sbject of a larceny as the property does not belong to another/it belongs to no one

Answer 3

Abandoned Property

Question 4

this can be the subject of a larceny as the property does not belong to another, example; someone leaves their computer behind when they leave the classroom this obviously not thrown away or abandoned

Answer 4

Lost or Mislaid Property

Question 5

(statutory crime, not a common law crime) The fradulent conversion of the property of another by one who is already in lawful possession of the property. (unike larceny, this is a crime against ownership. Here there needs to be a trust agreement. A person has lawful possession of the property because they are holding the property pusuant to the trust agreement. then the person converts the property to their own use)

Answer 5

Embezzlement

Question 6

(statutory crime) Obtaining title or ownership to property by means of a material, false representation, and with the intent to defraud the victim. (In larceny, one just gets possession. Here one gets ownership). (In larceny by trick, there is also deception, but, in larceny by trick, one just gets possession. Here one gets ownership)

Answer 6

False Pretenses

Question 7

Conspiracies do not terminate until all objectives of the agreement have been accomplished. So, like the question of when a felony terminates, the fleeing proces is a part of the crime/agreement. Another factor in conspiracy that could keep the conspiracy ongoing is any agreement to split the money after the robbery.

Answer 7

Termination of the conspiracy

Question 8

Common law and most modern statutes - an act which, although done with the intention of committing a crime, for one reason or another falls short of completion

Answer 8

Attempt

Question 9

here nothing must be left undone that would prevent the defendant from committing the crime (no attempted illegal voting until get the ballot) focus is on the act

Answer 9

Control Over All Indispensable Elements

Question 10

Defense Impossibility (three types)

NOTE

Answer 10

Legal : Common Law? Yes Defense. MPC? No Defense.
Factual : Common Law? No Defense. MPC? No Defense.
Inherent : Common Law? Yes Defense, but. MPC? No Defense

Question 11

(have only one possible meaning or interpretation) Res Ipsa Loquitur (the thing speaks for itself) This is a stanadard for distinguishing between preparation and attempt in a criminal case. (When a person’s conduct, in itself, shows that the person uneqivocally and without reasonable doubt, actually intends to carry out a crime, then the conduct is a criminal attempt to commit that crime) Here the focus is on the person’s intent

Answer 11

Unequivocally

Question 12

not an option in many states. The rule is also limited to specific intent crimes. It says evidence of mental illness that falls short of insanity can be introduced to prove that the defendant could eb found guilty of a lesser included crime and thus have the sentence lessened. It is not used in many states because many states say a person is either insane or sane. There is no middle ground, and there should be no fallback defense to insanity.

Answer 12

Diminished Capacity