Criminal Law Flashcards
(24 cards)
Conspiracy
An agreement With intent to agree And intent to pursue an unlawful objective Bilateral v unilateral Overt act (majority, NOT common law)
Solicitation
Asking someone to commit a crime
Attempt
Specific intent (specific intent to commit target offense, not just intent that meets intent req for target offense; Lauren!!!!!!!!!!) plus Overt act in furtherance (more than prep) Defense: abandonment (never in common law, fully voluntary + complete renunciation for MPC) or legal impossibility
Battery
Unlawful application of force
Resulting in either bodily injury or offensive touching
NOT - intentional, force does not need to be applied directly
Assault
Attempt to commit battery OR
intentional creation - other than by mere words - of a reasonable apprehension of imminent bodily harm
Aggravated assault
Assault PLUS
Use of a deadly or dangerous weapon OR intent to rape/maim/murder
False Imprisonment
Unlawful confinement of a person
Without his valid consent
NO - alternate route or consent
Rape
Slightest penetration
Kidnapping
Confinement of a person with some movement OR concealment in a secret place
Statutory rape
Strict liability (consent and mistake of fact are not defenses)
Larceny
Wrongful taking (control) Caring away of property of another (movement) By trespass (no consent) With intent to permanently deprive Notes: only need slightest movement, continuing trespass if later develop intent after taking, not if you believe it is yours
Embezzlement
Fraudulent conversion of property of another
Notes: lawful possession existed then illegal conversion, often trustee, no carry away req, no benefit req, exists if restoring similar or substantially identical property (but not identical)
False Pretenses
Defendant persuades owner of property to convey TITLE by false pretenses with intent to defraud (false representation - can be present or past fact but not future)
LOOK TO MIND OF VICTIM
Larceny by Trick
Same as false pretenses - but only possession is conveyed by false pretenses
Robbery
Taking of personal property of another
From the other person’s presence (broad - includes other room in house)
By force or imminent threat
With intent to permanently deprive him of it
Note: force can be after if used to retain
KEY: ROBBERY IS A FORM OF LARCENY BUT FORCE.
Extortion
Knowingly seeking to obtain property or services
By means of a future threat (not imminent)
Note: don’t need to take anything, aka blackmail
Forgery
Making or altering of a false writing
With intent to defraud
Note: any writing that has apparent legal significance
Note 2: submitting a fake warehouse receipt, not an inaccurate real warehouse receipt
Burglary
Breaking (actual or constructive) and entering (any body part)
The dwelling of another (not a barn or commercial structure, but ok if part building is dwelling/commercial)
At night
With intent to commit a felony therein (intent must exist at the same time of breaking/entering)
Note: dwelling is determined by occupancy, not ownership
Arson
Malicious (reckless disregard)
Burning (not smoke damage nor scorching - must have charring to structure)
Of the dwelling of another (note - burning one’s own house with reckless disregard for other houses and likelihood can count!!)
Note MPC: can include commercial structures, and include own house
Insanity - M’Naghten Rule
At time of his conduct, defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions
Insanity - Irresistible Impulse
Defendant lacked the capacity for self-control and free choice
Insanity - Durham Rule
Defendant’s conduct was a product of mental illness
Insanity - Model Penal Code
Defendant lacked the ability to conform his conduct to the requirements of law
Receiving Stolen Property
i. receiving possession and control of stolen property
ii. known to have been obtained in a manner constituting a criminal offense by another person
iii. intent to permanently deprive the owner
