Flashcards in Page 31 Deck (42):
Why is writing a bad check considered a new crime?
Because when you give a check, you are representing that you have enough in your account to cover it
In what kind of situation is it not an implied representation that a person could immediately cash the check if you give them?
If the check is postdated, or the person tells you not to cash it until a future date
What Are the elements of a bad check?
- knowledge of insufficient funds
- giving a check
Does something have to be obtained from the victim as a result of a bad check?
No, it just has to be given with the bad state of mind
What is kidnapping?
Unlawful seizure of a person plus asportation from one place to another
When are Harsher penalties often given in kidnapping cases?
When the kidnapping is for ransom
If kidnapping comes up on an exam, what are you really meant to discuss?
Vicarious liability. Briefly discuss the kidnapping then focus on whether the vicarious liability that results is based on conspiracy theory or accomplice theory
What is receiving stolen property?
Receipt of stolen property with knowledge that it was stolen and the intent to deprive the owner of his property
What Is the modern trend for receiving stolen property?
To require something less than actual knowledge that the goods or stolen and includes concealing and withholding stolen property
Can there be a concurrence issue in receiving stolen property?
If you take stolen property and then later learn it is stolen
Can you be guilty of stealing and receiving the same item?
What is a fence?
Person who regularly buys and sells stolen property
What are The elements of receiving stolen property?
- stolen property
- knowing it is stolen
- with intent to deprive the owner of his property
Is required for the receipt element of stolen property?
Actual possession or constructive possession
What is constructive possession?
Someone that takes possession based on the defendant's prior agreement
Example of constructive possession?
Depositing goods in a predetermined place
If negotiations are interrupted by the police before the transaction is complete, has receipt of stolen property taken place?
If negotiations are interrupted by police before a transaction is complete, and the cops induced one party to move forward with the transfer of stolen property to another party, can that other party be guilty of receipt of stolen property?
CL: no, because the goods are no longer stolen once the police are involved
MPC: if defendant believes the property was stolen, he is just as culpable as if the goods were still stolen, so he is guilty
What does the MPC say about receiving element of stolen property?
You must receive, retain, or dispose
Under the MPC if you receive stolen goods without knowing they were stolen, but later learn that they were and hide them, are you guilty of receipt of stolen property?
Who is a receiver for receipt of stolen property?
Anyone that receives stolen goods knowing they are stolen
Do you have to help the original thief escape arrest, evade prosecution, or profit from their original crime beyond buying stolen goods in order to be a receiver?
What is considered stolen property as an element for receipt of stolen property?
Property gotten by larceny (robbery, burglary, false pretenses, embezzlement)
If you receive stolen goods from a child, can you be guilty of receipt of stolen property?
Yes, although the child has not committed a crime
What is a legal impossibility for receipt of stolen property?
If property is recovered by police and used in a sting operation, it loses its stolen status, so you can't be guilty of receiving stolen property
What is the exception to the idea that property that is been commandeered by the police is no longer stolen?
Modern courts recognize attempted receipt of stolen goods in a case where police have been involved if the property is conveyed between parties that reasonably believe the goods were stolen.
What must D know about property in order to be charged with receipt of stolen property?
He must've had actual, subjective knowledge or believe the goods were probably stolen
How can you prove subjective knowledge that something is stolen for receipt of stolen property?
Is it enough to be charged with reciept of stolen property if a reasonable person would have believed that something was stolen?
If a defendant has an honest but unreasonable believe that property isn't stolen, could that prevent conviction of the receipt of stolen property?
If someone offers to sell you a $300 watch for $25, you don't know for certain that it is stolen, but…
You have a pretty good idea it is
At the time a defendant receives the goods, in order to be charged with receipt of stolen property, he must have what?
Specific intent to permanently deprive the owner of the property
If a defendant's purpose was to aid a thief by hiding goods for him or destroying goods, can he be guilty of receipt of stolen property?
If you accept stolen goods with the purpose of returning them, can you be guilty of receipt of stolen property?
No, because goods must be received for a dishonest purpose
How can entrapment be a defense to receipt of stolen property?
The goods are no longer stolen once the police get involved
How is the Wharton Rule often applied to receipt of stolen property?
Often on a test you must apply the Wharton rule for conspiracy to receiving stolen property. This prevents prosecution of only two people for the crime
How is the legal impossibility defense often applied to receipt of stolen property?
Goods aren't actually stolen because the police let them be taken to track down a thief
What is possession?
An act where the possessor knowingly procures or receives the thing or was aware of his control for a sufficient period of time that he was able to terminate possession
What are four factors to help determine possession?
- defendant's proximity to the contraband
- if the contraband was in Plainview/easily accessible
- indication of mutual use/enjoyment
- if defendant had ownership/possessory interest in the location the contraband was found
What is CL burglary?
Trespassory breaking and entering of the dwelling house of another night with the intent to commit a felony therein
When Is a burglary complete?
At the time of the entry even if nothing was taken from the house