Crim Law: Crimes Involving Property Flashcards Preview

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Flashcards in Crim Law: Crimes Involving Property Deck (43)
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1

Crimes involving property

Larceny, Embezzlement, False pretenses

2

Larceny

AR: Taking away another's property by trespass (w/o valid consent)
MR: Intent to Permanently Deprive

3

Embezzlement

AR: Conversion of property held in trust
MR: Intent to defraud

4

False Pretenses

AR: Taking title to property by misrepresentation (about present or past fact)
MR: Intent to defraud

5

Larceny v. Embezzlement

Difference: Possession
1. larceny - owner originally in possession
2. Embezzlement: criminal originally in possession

6

Larceny Tips:

1. Brief dispossession suffices
2. Thief doesn't have to keep
3. Person property.
4. Title not given (compared with false pretenses)

7

Bertie's maid steals ring from safe. What is the crime?

Larceny

8

Bertie's broker diverts deposits to charity. What is the crime?

Embezzlement

9

Bertie gives mistress his yacht after she falsely claimed to have cancer. What is the crime?

False Pretenses

10

Bertie gives mistress his yacht after she falsely promises to marry him if he divorces. what is the crime?

Nothing. Romantic promises not a crime.

11

Bertie lends her car to a stranger claiming to be cop in hot pursuit. What is the crime?

Larceny

12

Bertie buys fake Picasso sold as real. What is the crime?

False Pretenses

13

Bertie sneaks into maid's house tot ale watch he thought was his. What crime?

Not larceny, but criminal trespassing.

14

Robbery

Larceny by force or threat of force
AR: taking another's personal property from his or her presence by force or threat of force.
MR: with intent to permanently deprive (SI)

15

Extortion

AR: Seeking to obtain another's property by future threat
MR: with Intent to permanently deprive (SI)

16

Compare Extortion with Robbery

1. Victim's presence is not necessary
2. Harm- need not be immediate or imminent

17

Receiving Stolen Property

AR: Receiving another's personal property
MR: Knowledge it has been stolen, AND Intent to permanently deprive (SI)

18

Forgery

AR: Making or authoring a writing to make it false
MR: With intent to defraud (SI)

19

Uttering

AR: Offering as genuine a forged document
MR: with the Intent to defraud (SI)

20

Malicious Mischief

AR: Fmaging property of another
MR: Malice (>/recklessness)

21

Burglary: Common Law

AR: Breaking and entering dwelling of another at night.
MR: Intent to commit felony within (SI)
a. Breaking - any force, or by threat or force
b. Entering = any party of body, or any object for committing felony
c. dwelling = someone sleeps

22

Burglary: Modern

AR: Breaking any entering any structure of another at any time
MR: Intent to commit felony within (SI)

23

At night, bertie gently opens unlocked door of Bingo's home, enters, and steals wheelchair. Is this burglary?

Common law: Yes
Modern: Yes

24

At night, Bertie climbs through open window of Bingo's home, enters, and steals wheelchair. Is this burglary?

Common Law: NO
Modern Law: No -- no force

25

At night, Bertie shoots Bingo through closed window of his home. Is this burglary?

Common Law: yes
Modern: Yes

26

AT night, Bertie asks Bingo to let him in for a potty emergency. In actually, Bertie intended to steal medicines in the bathroom cabinet. is this burglary?

Common Law: yes
Modern: Yes

27

At night, Bertie asks bingo to let him in for a potty emergency. He's sincere , but after potting, sees and steals medicine from cabinet. Is this burglary?

Common law: No
Modern: No

28

At lunch, Bertie opens unlocked door of boss' office and takes iPad. Is this burglary?

Common law: No
Modern: yes

29

Arson - Common Law

AR: Burning dwelling of another
MR: Malice (>/ recklessness)

30

Arson - Modern

AR: burning any structure
MR: Malice