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Flashcards in Offenses Deck (43):
1

RAPE
American Traditional View

1. Accomplished by force
2. Against the will and
3. Without the consent of the woman
4. Required woman to resist to the utmost

2

RAPE
Under MPC

- Outdated and of little consequence to development of rape law
- Modernized version is being drafted and debated

3

RAPE
Reforms @ Common Law

1. Applies to males or females
2. Covers both hetero- and homosexual acts
3. Does away with marital immunity
4. Moving away from focus on force
5. Focus now on lack of consent

4

RAPE
Lack of Effective Consent

Consent may be ineffective if
1. Intercourse Accomplished by Force
2. Intercourse Accomplished by Threats
3. Victim is Incapable of Consenting
4. Consent Obtained by Fraud

5

THEFT OFFENSES
Types

1. Larceny
2. False Pretenses (Fraud)
3. Robbery
4. Burglary

6

LARCENY
Elements

1. A taking
2. And carrying away
3. Of tangible personal property
4. Of another
5. By trespass
6. With intent to permanently deprive the person of his interest in the property

7

LARCENY
Trespass

Act of dispossession, can be accomplished by stealth or force

8

LARCENY
Taking from One with Possession

Must be taken out of victim's possession = if lawfully obtained (in D's possession), not larceny

9

LARCENY
Breaking Bulk

Bailee has possession = stealing bailment is not larceny UNLESS she breaks bulk by opening closed contained in which property has been placed

10

LARCENY
Larceny by Trick

If victim consents to D's taking, but consent has been induced by misrepresentation = consent is not valid, still larceny

11

FRAUD
False Pretenses Elements

1. Obtaining title;
2. To the property of another
3. By a knowing false statement of past or existing fact
4. With intent to defraud the other

12

FRAUD
v. Larceny by Trick

DIFFERS IN WHAT IS OBTAINED
- False pretenses = title of property is obtained
- Larceny by trick = custody of property is obtained

13

ROBBERY
@ Common Law

Form of aggravated larceny
FELONY
1. A taking
2. Of personal property of another
3. From the other’s person or presence
4. By force or intimidation
5. With the intent to permanently deprive him of it
= Basically aggravated form of larceny in which taking is accomplished by force/threats of force

14

ROBBERY
Aggravated Robbery

- Statutes often create a form of aggravated robbery
- Usually robbery with a deadly weapon and/or causing serious bodily injury
- Punished more severely

15

BURGLARY
@ Common Law

1. Breaking
2. And entering
3. Of the dwelling/house
4. Of another
5. At nighttime
6. With intent to commit a felony therein

16

BURGLARY
Evolution

- Originally required a true breaking and entering
- Gradually relaxed and expanded to include slight intrusions, daytime, buildings other than dwellings

17

HOMICIDE
Murder @ Common Law

Unlawful killing of another human being with malice aforethought

18

HOMICIDE
Malice Aforethought

EXPRESS MALICE
1. Intent to kill
IMPLIED MALICE
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart)
4. Intent to commit a felony

19

HOMICIDE
Deadly Weapon Rule @ Common Law

Intentional use of a deadly weapon = permissive inference of intent to kill

20

HOMICIDE
Voluntary Manslaughter from PA Reforms

Killing that would otherwise be murder BUT has ADEQUATE PROVOCATION

21

HOMICIDE
Adequate Provocation

Reduce a murder to voluntary manslaughter if
1. Provocation would arouse sudden and intense passion in the mind of an ordinary person to cause him to lose self-control
2. D must have in fact been provoked
3. Must not have been sufficient "cooling time" for a reasonable person
4. D in fact did not cool off

22

HOMICIDE
Adequate Provocation Examples

Frequently recognized when
1. Subjected to serious battery or threat of deadly force
2. Discovering one's spouse in bed with another person

23

HOMICIDE
Inadequate Provocation

Mere words are not enough

24

HOMICIDE
Involuntary Manslaughter from PA Reforms

D either IGNORED or was UNAWARE of SUBSTANTIAL/UNJUSTIFIABLE RISK OF HARM
OR
Killing caused by UNLAWFUL ACT

25

HOMICIDE
Types

1. Accidental = no criminal liability
2. Justifiable = law recognizes killing justified under facts
3. Excusable = D's criminal liability is excused because of D's own condition
4. Criminal = all other forms of death at hands of another

26

HOMICIDE
Categories @ Common Law

1. Murder = killing with malice aforethought
2. Manslaughter = killing without malice aforethought

27

HOMICIDE
Manslaughter @ Common Law

1. Killing of another WITHOUT MALICE OR
2. Intentional killing in SUDDEN HEAT OF PASSION as result of ADEQUATE PROVOCATION

28

HOMICIDE
PA Reforms

1. Murder in 1st Degree
2. Murder in 2nd Degree
3. Voluntary Manslaughter
4. Involuntary Manslaughter

29

HOMICIDE
Under MPC

1. Murder
2. Manslaughter
3. Negligent Murder

30

HOMICIDE
Murder under MPC

Purposely, knowingly, or recklessly killing another under CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE to human life

31

HOMICIDE
Manslaughter under MPC

RECKLESSLY killing another OR
Killing another as result of EXTREME MENTAL/EMOTIONAL DISTURBANCE

32

HOMICIDE
Negligent Murder under MPC

NEGLIGENTLY killing another

33

HOMICIDE
Unlawful Act Manslaughter from PA Reforms

1. Misdemeanor-Manslaughter Rule = either malum in se OR malum prohibitum and death was foreseeable/natural consequence
2. Felonies not included in Felony Murder = caused during commission of felony but does not qualify as felony murder case

34

HOMICIDE
Murder in 1st Degree from PA Reforms

Deliberate and premeditated killing

35

HOMICIDE
1st Degree Felony Murder

Killing committed during commission of statutorily enumerated felony

36

HOMICIDE
Common Felonies for Felony Murder

1. Burglary
2. Arson
3. Rape
4. Robbery
5. Kidnapping

37

HOMICIDE
2nd Degree Felony Murder

Separate statute/case provides criminal liability for killing during course of felony not listed in 1st degree felony murder statute

38

HOMICIDE
Felony Murder

- Killing, even accidental, committed during the course of a felony = murder
- Malice is implied from intent to commit felony

39

HOMICIDE
Felony Murder Limitations (5)

1. Substantive defense that negates element of underlying felony = not felony murder
2. Felony is not independent of killing = not felony murder
3. Death was not foreseeable result of commission of felony = not felony murder
4. Death occurred after felon reached place of temporary safety = not felony murder
5. Death of co-felon by victims/police = not felony muder

40

HOMICIDE
Felony Murder - Redline View

MAJORITY VIEW
Liability for murder cannot be based upon the death of a co-felon from resistance by the victim or police pursuit

41

HOMICIDE
Felony Murder - Agency Theory

MAJORITY VIEW
Killing must have been committed by the felon or his “agent” for felony murder to apply

42

HOMICIDE
Felony Murder - Causation Theory

MINORITY VIEW
Felons are liable for the deaths of innocent victims caused by someone other than a co-felon

43

HOMICIDE
Murder in the 2nd Degree from PA Reforms

Killing in a sudden heart of passion without adequate provocation