Crim Law Flashcards
Larceny by False Pretenses Elements
False pretenses (also called “obtaining property by false pretenses” or “larceny by false pretenses”) requires: (i) obtaining title to the property; (ii) of another person; (iii) through the reliance of that person; (iv) on a known false representation of a material past or present fact; and (v) the representation is made with the intent to defraud.
It is not a false representation if the statement made is an opinion, such as sales talk or puffing.
The crime of false pretenses requires the defendant to (i) know that the representation is false, and (ii) specifically intend to defraud the other person. Most courts find that a defendant acts knowingly and has knowledge of a particular fact when the defendant is aware of a high probability of the fact’s existence and deliberately avoids learning the truth.
Burden & level of proof for insanity defense
In the majority of jurisdictions, the defendant has the burden of proving insanity. The level of proof required in this jurisdiction is a preponderance of the evidence. Insanity includes mental abnormalities that may affect legal responsibility.
