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Criminal Law 420 > Exam 4 > Flashcards

Exam 4 Flashcards

(100 cards)

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0
Q

Is common-law larceny a specific or general intent crime?

A

It is a specific intent crime

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1
Q

What is the definition of common-law larceny?

A

Caption (taking) and asportation (carrying away) of the personal property of another with the intent to deprive the owner permanently of the property

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2
Q

What actions show larceny

A

Selling the property, consuming the property, or dismantling the property

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3
Q

Under modern statutory crimes merely taking the good with the intent to return them in the future is called?

A

Conversion

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4
Q

What is the requirement for caption?

A

The perpetrator must obtain dominion and control over the goods

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5
Q

Is that a requirement for asportation?

A

The thief after obtaining dominion and control actually move the goods from one place to another

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6
Q

What is the definition of real property?

A

When things attached to the lane and things attached to the things attached to the land

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7
Q

What is personal property?

A

Everything that is not real property

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8
Q

How do you show ownership?

A

Property deeds, car titles, receipts, etc.

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9
Q

What is abandoned property?

A

Property that does not belong to another

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10
Q

Can you commit larceny with property you own or jointly own with another person?

A

No

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11
Q

If a parent and child have a bank account together in the parent with drawls all the money and runs away to Florida is that larceny?

A

No - both names are on the account

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12
Q

What is the definition of bailment?

A

When one person obtains a lawful possession of another person’s property

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13
Q

What is an example of bailment?

A

A cashier at McDonald’s takes money from a customer to pay for the food

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14
Q

What are the elements of obtaining property by false pretenses?

A

Obtaining both the title and position of the personal property of another by means of false pretense or deception with the intent to deprive the owner permanently of the property

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15
Q

Under modern statutes 50 sensually combines what three crimes into one single statutory crime?

A

Larceny, embezzlement, and obtaining property under false pretenses

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16
Q

What kind of intense is required for theft?

A

Specific intent

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17
Q

Under common law what is the requirement for theft?

A

Intent to permanently deprive

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18
Q

What is the definition of receiving stolen property?

A

Buying or obtaining still in personal property of another with the intent to deprive the owner permanently of the property where the perpetrator has actual or constructive knowledge that the property is stolen

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19
Q

Statue of frauds is the earliest or the latest of the commercial statutes?

A

One of the earliest

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20
Q

What was intended by the statue of frauds?

A

To prevent fraudulent dealings by requiring that matters be done in writing

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21
Q

What is an example of something that is covered by modern statutes of frauds?

A

Contracts that will take more than one year to complete

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22
Q

In modern times what governs business transactions?

A

Uniform Commercial Code

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23
Q

What is the definition of forgery?

A

False making or material alteration of a writing, where the writing has the ability do defraud and is of apparent legal efficacy, with the intent to defraud.

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24
Is forgery a general or specific intent crime
Specific intent
25
Does a document have to be a writing for it to count as Forgery?
Yes
26
What does the element of "false making" in forgery mean?
The forger has taken paper and ink and created a false document from scratch
27
What does the element of "material alteration" in forgery mean?
The forger has taken a genuine document and changed it (alteration) in some significant (material) way
28
For the purposes of forgery, what does "material" mean?
Changes the transactional meaning – i.e. the value represented or who is entitled to the value
29
What does the element of "apparent ability do defraud" mean?
It has to look genuine enough to fool a reasonable person. Otherwise it is not “dangerous” in a transactional sense
30
What is apparent legal efficacy?
If the document where real it would be the basis of some legal transactional right or liability
31
Does a driver's license have legal efficacy?
Yes - proves right to drive
32
Does the United States Constitution have legal efficacy?
No - do not need constitution to prove rights
33
Does a fake coach purse have legal efficacy?
No - it is not a writing - as soon as you see its not a writing - stop
34
What is the first question you should ask when determining legal efficacy?
Is it a writing?
35
What is the definition of Uttering a Forged Instrument
Passing or making use of a forged instrument with knowledge of the forged nature of the instrument
36
In the definition of uttering a forged instrument, the word "knowledge" is what type of mens rea?
Scienter
37
In uttering a forged instrument, does the person have to receive something in return for the instrument?
No - it just has to be offered. Doesn't even have to be accepted.
38
At common law, what is the definition of forgery?
To the crime of making false money of the British crown
39
Under modern statutes, what does forgery include?
The false making of any obligation or security of the U.S. Government (e.g., dollar bills, U.S. bonds, postage stamps, etc.)
40
What is the definition of extortion under modern statutes?
Obtaining personnel property of another with the intent to deprive the owner permanently of the property where the property is obtained with the consent of the victim but the consent was induced by the making of unlawful threats
41
What type of intent is required for extortion?
Specific
42
What is the definition of extortion at common law?
Extortion was a crime committed by the “unlawful threat” of public official who obtained money from citizens by threatening bad consequences “under the color of office” or “color of law”
43
What is the definition of common law robbery?
Common law larceny plus two other elements: Caption and asportation of the persona property of another with the intent to deprive the owner permanently is taken 1. by use of force or fear or 2. Property is taken from the person or in the presence of the victim
44
Is robbery specific or general intent?
Specific
45
The element "of force or fear" in robbery is also what type of crime?
Battery
46
What does the element in robbery "person or place" mean?
Goods must be taken either from the physical body of the victim or from within the sight or hearing of the victim
47
Is "pick-pocketing" a robbery?
No - it is larceny because the victim did not know it was happening
48
What is common law burglary?
Breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony therein.
49
Is burglary a specific or general intent crime?
Specific
50
In the crime of burglary, what does the element of "breaking" mean?
The burglar has to use some physical force to make an opening in the building in order to enter. The opening can be created by a violent force or simply by turning the door know to open the door.
51
In burglary, what does the element of "constructive breaking" mean?
There is an opening already created so no breaking needs to be done to create an opening to enter, it is still considered breaking
52
For the crime of burglary what does the element "entering" mean?
Any part of the burglar’s body “breaks the close.” Even reaching the tips of the fingers through a window can constitute an entering. The use of an instrumentality to attempt the purpose of burglary is considered entering.
53
For burglary, what does the element of "dwelling house" mean?
Any place of regular human habitation where persons can actually live. A structure is not a dwelling house before the first occupant moves in
54
For the crime of burglary, what does the element of "nighttime" mean?
Whenever it was too dark to distinguish a person’s facial features because there was no artificial lighting, people tended to be at home asleep when the sun went down. Thus, people were more at risk of injury from trespassing intruders at night than during the day
55
In modern times when is the most common time for a burglary to happen?
During the day while people are at work
56
Under modern statutes, do states have "nighttime" as an element?
No
57
Can motor vehicles, boats, airplanes, and other kinds of mobile property be considered under burglary?
Yes
58
What is the common law definition of arson?
The malicious burning of the dwelling house of another
59
At common law, the element "burning" means what?
There must be a fire
60
Why did modern statutes remove the element "of another" from the crime arson?
For insurance purposes
61
According to the 2009 National Youth Risk Behavior Survey, _______ of five high school students use prescription drugs without a prescription?
Five
62
What is a situational drug user?
A person takes drugs once or in rare circumstances
63
What is a Party / Weekend drug user?
People who use illegal drugs for recreational use. The book suggests that this is the biggest category of where money comes from
64
What is the definition of a drug addict?
Someone who may steal, break into cars, commit burglaries, rob, snatch purses, or push drugs.
65
What are examples of street drugs?
Marijuana, crack/cocaine, methamphetamine, heroin
66
What are examples of prescription drugs?
Whether obtained legally through a prescription or by theft of the drugs or a prescription to obtain drugs
67
What are examples of over the counter substances?
Cold medicines or inhalants
68
Where was the Uniform Controlled Substances Act approved?
National Conference of Commissioners on Uniform State Laws in 1970
69
The goal of the Uniform Controlled Substances Act was to?
Make drug laws uniform
70
What type of use is legal for the highest class of controlled substances?
No accepted use - limited medical research only
71
What type of use is allowed for "high" class of controlled substances?
Accepted use with restrictions
72
What type of use is classified for "lowest - medium" class of drugs?
Accepted use
73
What is the definition of actual possession?
On the person of the defendant, or within an area of his or her immediate control and reach - within a container (purse, package, or suitcase)
74
What is the definition of constructive possession?
A place immediately accessible to the accused and subject to his or her domination and control
75
What is the common law language for Delivery of Controlled Substances?
It is unlawful for any person to sell, purchase, manufacture, or deliver, or possess with intent to sell… a controlled substance actual delivery, or possession of a controlled substance with intent to deliver (sell or transfer)
76
How do we show delivery of a controlled substance?
Possession of scales and/or small plastic bags with evenly weighed-out illegal drugs, a large amount of money, a pager, or a cellular phone – POSSESSION OF IN EXCESS OF A USER QUANTITY
77
What type of crime is handling of possession of small amounts of marijuana?
B misdemeanor & A misdemeanor for than 30 grams or multiple offenses
78
How did Alaska legalize the use of marijuana?
Common law (through the courts)
79
What is the U.S. Supreme Court case over legalizing marijuana in California?
Gonzales v. Raich (2005)
80
Controlled substances used in religious ceremonies could possibly be subject to what amendment right?
First
81
Where are most of the substantive criminal provisions found?
Indiana Code Title 35
82
Statutory schemes for controlled substance Dealing crimes contains what?
Specific requirements for the “Schedules” of controlled substances & specific, separate treatment of dispensing of drugs for “Treatment for Weight Reduction or to Control Obesity” IC 35-48-3-11
83
intoxicated pedestrian is how many times more likely to be killed or injured?
3.5
84
What percentage of college students binge drink?
44%
85
How many students die per year from alcohol related incidents?
1,445
86
Alcohol and drugs account for what percentage of prisoners in the jail system?
80%
87
How many people per day do DUI's kill?
50
88
What are the annual costs of DUI's in America per year?
$45 billion
89
What are "Dram Shop" laws?
Civil suits for persons serving / selling alcohol to intoxicated persons
90
What type of crime is operating a vehicle while intoxicated?
Class C misdemeanor
91
Operating a vehicle while intoxicated becomes a class A misdemeanor?
Has nothing to do blood alcohol content - MUST SHOW THAT THE PERSON HAD IMPAIRED DRIVING
92
Under operating a vehicle while intoxicated, what does the term "operating" mean?
When is a person driving, operating or in physical control of a vehicle
93
Under operating a vehicle while intoxicated, what is a "vehicle" defined as?
“A device for transportation by land or air,”
94
Under operating a vehicle while intoxicated, what does "intoxicated" mean?
(1) the consumption of a significant amount of alcohol; (2) impaired attention and reflexes; (3) watery or bloodshot eyes; (4) the odor of alcohol on the breath; (5) unsteady balance; and (6) slurred speech
95
When a multiple people are killed from an operating a vehicle while intoxicated accident, is each death one count or individual counts?
Individual counts
96
All drunk driving results in loss of license for how long?
180 days to five years
97
Operating with BAC .02 but less than .08 for under 21 is what type of offense that results in 1 year suspended license?
Class C infraction
98
If a person refuses a breathalyzer test how long do they automatically lose their license?
1 year
99
What is the habitual substance offense law?
An additional 3-8 years on the third offense

Criminal Law 420 (4 decks)

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