Chapter 13 Powerpoint pt. 1 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 13 Powerpoint pt. 1 > Flashcards

Flashcards in Chapter 13 Powerpoint pt. 1 Deck (29)
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1
Q

The 5th Amendment prohibits the taking of _______ without ____ ______ of law.

A

property

due process

2
Q

The __th Amendment prohibits the taking of property without due process of law.

A

5th

3
Q

Today, roughly ___ states have simplified the law by consolidating these various property crimes into a single theft statute.

A

30

4
Q

Property crimes all involve the seizure of the property of another individual through either a _______ ______, _____, or ______.

A

wrongful taking
fraud
force

5
Q

What constitutes as property crimes?

A

(1) Larceny
(2) Embezzlement
(3) False Pretenses
(4) Receiving Stolen Property
(5) Forgery and Uttering
(6) Robbery
(7) Extortion

6
Q

Which type of property crime is this: At common law, the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that individual of the possession of the property?

A

larceny

7
Q

Possession is different from _______, which is temporary and limited right to control property.

A

custody

8
Q

__________ is different from custody, which is temporary and limited right to control property.

A

Possession

9
Q

_________ __________ is the taking of property for use other than that intended when control is given to an individual.

A

Constructive possession

10
Q

Taking and moving property is required for _______.

A

larceny

11
Q

_______ and _______ property is required for larceny.

A

Taking

moving

12
Q

Concurrence must exist between the taking and intent to deprive the owner for _______ to occur.

A

larceny

13
Q

Concurrence must exist between the _______ and ______ to _______ the owner for larceny to occur.

A

taking
intent
deprive

14
Q

___________ must exist between the taking and intent to deprive the owner for larceny to occur.

A

Concurrence

15
Q

What determines the difference between grand and petty larceny?

A

The value of property taken.

16
Q

Larceny by trick occurs when possession is obtained through _____________.

A

misrepresentation

17
Q

Larceny= unlawful _______ and _______ _____ + intent to permanently deprive another of property

A

talking

carrying away

18
Q

Larceny= unlawful talking and carrying away + ______ to permanently _______ another of property

A

intent

deprive

19
Q

________= unlawful talking and carrying away + intent to permanently deprive another of property

A

Larceny

20
Q

What is the difference between possession and custody?

A

Possession- physical control over property with the ability to freely use and enjoy the property.
Custody– temporary and limited right to control property.

21
Q

True or False: Custody can be extended to employees

A

True

22
Q

The Model Penal Code abandons the requirement of __________ and provides that a person is guilty of theft if he or she unlawfully takes, or exercises unlawful control over property.

A

asportation

23
Q

The ______ ______ _____ abandons the requirement of asportation and provides that a person is guilty of theft if he or she unlawfully takes, or exercises unlawful control over property.

A

Model Penal Code

24
Q

What did the common law define as property of another?

A

(1) Only tangible property was the subject of larceny

(2) Property not subject to larceny included services, real estate, crops attached to the land, and intangible property

25
Q

True or False: All varieties of property are subject to larceny under modern statutes

A

True

26
Q

True or False: Regardless if an owner no longer claims ownership, the property is still theirs and it would be illegal to try and take it

A

False; Property is abandoned when its owner no longer claims ownership

27
Q

True or False: Lost property or property that is misplaced by the owner is subject to larceny when a defendant harbors the intent to steal at the moment that he or she seizes the property

A

True

28
Q

How did the common law define grand larceny?

A

Grand Larceny – stealing of good worth more than twelvepence, the price of a single sheep

29
Q

How do state statutes differentiate between grand and petit (petty) larceny?

A

(1) Grand Larceny – theft of property worth more than a specific dollar amount
(2) Petit Larceny – theft of property worth less than a specific dollar amount