Criminal Law Flashcards
(7 cards)
What are the MPC mens rea?
The MPC mens rea are: purposefully (conscious object to engage in conduct or cause a certain result), knowingly (aware conduct will or very likely cause a particular result), recklessly (conscious disregard if a substantial and unjustifiable risk), and negligently (fails to be aware of a substantial and unjustifiable risk).
What are the common law mens rea?
The common law mens rea are: specific intent (intended to commit the given crime), general intent (aware of actions or attendant circumstances), malice (reckless indifference to an obvious risk), and strict liability (no intent of awareness needed).
What is common law burglary?
Common law burglary consists of: (i) a breaking; (ii) and entry; (iii) of the dwelling; (iv) of another; (v) at nighttime; (vi) with the intent of committing a felony therein. Because burglary requires the intent to commit a felony at the time of the entering, it is a specific intent crime.
Does the threat of force have to come before an actual robbery?
No. The force or threats may be used either to gain possession of the property or to retain possession immediately after such possession has been accomplished.
What is common law robbery?
Robbery is the taking and carrying away of the personal property of another from the other’s person or presence by force or intimidation.
How can the taking and carrying away requirement in larceny and robbery be fulfilled?
The taking and carrying away (asportation) element is satisfied by any slight moving. This could be satisfied by something like the moving of the money or the object being taken.
What is larceny?
Larceny consists of: (i) a taking; (ii) and carrying away; (iii) of tangible personal property; (iv) of another; (v) by trespass; (vi) with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property. At common law, if the defendant intended to return the property within a reasonable time, and at the time of the taking had a substantial ability to do so, such an unauthorized borrowing would not constitute larceny.
