Crimes Flashcards
1
Q
Crimes against property
A
- Embezzlement
- fraudulent
- conversion
- personal property of another
- by someone w/ lawful possession - Extortion
- threats of future harm
- w/ intent to induce another to relinquish property - False pretenses
- obtaining TITLE
- to personal property of another
- by intentional false statement of past or existing fact
- with intent to defraud the other - Forgery
- making or altering
- a writing w/ apparent legal significance
- which now makes it false
- w/ intent to defraud - Larceny
- taking
- carrying away
- tangible personal property
- of another w/ possession
- by trespass
- w/ intent to permanently deprive - Larceny by trick
- same as false pretenses, but w/ mere possession, not title - Malice mischief
- the malicious
- destruction of or damage to
- property of another - Receipt of stolen property
- possession or control
- stolen personal property
- known to be stolen
- by another person
- w/ intent to permanently deprive - Robbery
- taking
- personal property of another
- from the other person’s presence/vicinity
- by force or threats of immediate harm or physical injury to victim/family/other person in vicinity
- w/ intent to permanently deprive
2
Q
Crimes against the person
A
- Assault
- attempted battery or intentional creation of reasonable apprehension of imminent bodily harm
- no actual touching
- aggravated assault - w/ deadly weapon or intent to rape or maim - Battery
- intentional or reckless causing of bodily injury or offensive touching
- to another - Murder - unlawful killing of human being w/ malice aforethought
- intent to kill
- intent to inflict great bodily injury
- reckless indifference to an unjustifiably high risk to human life
- intent to commit a dangerous felony: MBARRK (mayhem, burglary, arson, rape, robbery, kidnapping) - Voluntary manslaughter = murder + adequate provocation
- provocation that would arouse sudden and intense passion of ordinary person causing loss control
- D was in fact provoked
- no cooling off period for reasonable person
- D in fact did not cool off - Involuntary manslaughter
- committed w/ criminal negligence OR
- during commission of unlawful act (misdemeanor or other felony) - 1st degree murder
- deliberate and premeditated unlawful killing
- felony murder - Felony murder
- murder committed during commission of
- inherently dangerous felony
- limitations:
- - D must have committed/attempted to commit underlying felony
- - felony distinct from killing itself
- - death must been a foreseeable result of felony
- - death before D’s immediate flight from the felony ended (safe place != felony murder)
- - not liable for death of co-felon
- - not liable for death of innocent person, unless death caused by agent of D (accomplice) - 2nd degree murder: all other murders
- Rape
- unlawful carnal knowledge
- of a woman by a man not her husband
- without effective consent - False imprisonment
- unlawful confinement
- of a person
- without valid consent (no coercion/incapacity) - Kidnapping
- unlawful confinement
- of a person
- that involves concealing or moving victim
3
Q
Crimes against habitation
A
- Arson
- malice (intentional/reckless disregard of risk)
- burning
- dwelling
- of another
- * charring = arson, soot = smoke damage, blistering paint = heat damage (not arson) - Burglary
- breaking and entering
- of a dwelling
- of another
- at night
- intent to commit a felony in the structure (at time of entry, not later)
4
Q
Transferred intent
A
- D intended harm of the nature that occurred
- against someone other than the actual victim
- D is guilty of:
- crime against actual victim
- attempt against intended victim - applies to Homicide, Battery, Arson
5
Q
Accomplice liability
A
- Principal in 1st degree
- commits the illegal act; or
- causes an innocent agent to do so - Principal in 2nd degree
- aid, commanded or encouraged principal
- was present at scene
- intent to encourage crime - Accessory before the fact
- aids or encourages principal
- not present at scene
- intent to aid principal
- intent to have crime committed
- liable for all foreseeable resulting crimes - Accessory after the fact
- assist someone known to have committed a crime avoid capture/conviction
- liable for a separate lesser charge - Withdrawal
- must be before crime committed
- repudiation sufficient for mere encouragement
- attempt to neutralize if beyond mere encouragement
6
Q
Insanity defenses
A
- M’Naghten
- mental disease that caused
- not know act was wrong, or
- not understand nature and quality of actions - Irresistible impulse
- unable to control actions, or
- conform conduct to the law
- due to mental disease - Durham
- but for mental disease crime would not happen - MPC
- mental disease such that lacked capacity to:
- appreciate wrongfulness of act, or
- conform conduct to law
7
Q
Intoxication defenses
A
- Voluntary intoxication
- intentional taking w/o duress
- defense to specific intent crime - Involuntary intoxication
- taking w/o knowledge of its nature
- under duress
- pursuant to medical advice unaware of its effects
- defense to all crimes
8
Q
Infancy defense
A
- Under 7: absolute defense to all crimes
- Under 14: rebuttable presumption of defense (child did not understand nature and wrongfulness of actions)
- 14 or older: treated as adults
9
Q
Justification defenses
A
DEMAND IC
- Intoxication/Infancy
- Self-defense
- non-deadly force: justified if appears reasonably necessary to avoid imminent injury or retain property
- deadly force, justified if:
- - without fault
- - confronted with unlawful force
- - reasonably believes threatened w/ imminent death or great bodily harm
- - generally no duty to retreat
- aggressor self-defense, only if:
- - effectively withdraws and communicates OR
- - victim suddenly escalates - Defense of others - need reasonable appearance of right to use force
- Defense of dwelling - nondeadly force allowed
- Defense of other property
- defending possession: reas, nondeadly force
- regaining possession: force only if in pursuit - Crime prevention
- non-deadly force - to prevent felony or breach of peace
- deadly force - to terminate or prevent dangerous felony - Use of force to effectuate arrest
- police officers
- - non-deadly force: if reas necessary
- - deadly force: only if nec to prevent escape and felon threatens death or serious bodily harm
- private persons
- - non-deadly force: if crime was in fact committed and private person has reas grounds to believe person arrested in fact committed the crime
- - deadly force:only if person harm was actually guilty of arrested offense. - Necessity
- if reas necessary to avoid greater harm
- never deadly force - Mistake or ignorance of fact
- relevant only if D lacked state of mind for crime
- reasonableness
- - specific intent - mistake need not be reasonable
- - any other state of mind - must have been reas - Mistake or ignorance of law - no defense, except:
- crime statute not published/available prior to conduct
- there was reas reliance on statute or judicial decision
- in some jurisdiction, reas reliance of official interpretation or advice - Duress - defense to crime other than homicide
- Entrapment
- criminal design originated with police, and
- D was not predisposed to commit crime prior to contact w/ govt
10
Q
Inchoate crimes
A
- Attempt
- intent to commit crime and
- affirmative act or substantial step in furtherance of the intent to commit crime, beyond mere preparation
- merges with actual crime
- defense: legal impossibility - Solicitation
- request or encourage another to commit a crime with intent the person does commit the crime, regardless whether they agree
- merges with actual crime
- defense: solicitor is protected class (minor female + statutory rape) - Conspiracy
- agreement b/w parties to achieve unlawful objective
- intent to enter into agreement
- intent to achieve unlawful objective
- overt act more than mere preparation in furtherance of conspiracy
- no merger
- defense: withdrawal only a defense to crimes committed, not the conspiracy crime
11
Q
Judicial crimes
A
Perjury: intentionally taking a false oath in regard to a material matter in a judicial proceeding
Subordination of perjury: procuring or inducing another to commit perjury
Bribery: corrupt payment or receipt of anything of value for official action
