Crim Difficulty Flashcards

1
Q

Larceny

A

(i) Trespassory
(ii) taking and carrying away
(iii) personal property of another
(iv) intent to permanently deprive

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2
Q

Robbery

A

Larceny from another’s person or presence by force or threat of force

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3
Q

Burglary

A

(i) breaking and entering
(ii) dwelling of another
(iii) at night
(iv) with intent to commit a felony
(modern: expands to any structure)

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4
Q

False Pretenses

A

(i) obtaining title
(ii) to property of another
(iii) through fraud/deception
(vase example)

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5
Q

Larceny by Trick

A

Larceny by fraud or deception resulting in the possession of another’s property (possession not title)

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6
Q

Forgery

A

(i) making or altering
(ii) a writing with legal significance
(iii) so that it is false
(iv) with intent to defraud

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7
Q

Arson

A

malicious burning of the dwelling of another

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8
Q

Embezzlement

A

Fraudulent conversion of personal property of another by a person in lawful possession (wine example) (entrustment by the owner)

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9
Q

Receiving Stole Property

A

(i) receiving control of stolen property
(ii) knowing it is stolen (upon receipt)
(iii) with intent to permanently deprive

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10
Q

Insanity Tests

A

MNaghten: did not know the nature and quality or did not know difference between right/wrong
Irresistible Impulse/Self-Control: lacks capacity to conform conduct to the law
Durham: wouldn’t have committed crime but for mental illness
MPC: cant confrom

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11
Q

Specific Intent Crimes

A
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12
Q

Attempt

A
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13
Q

Solicitation

A
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14
Q

Conspiracy

A
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