Crimes

Question 1

Crimes against property

Answer 1

1. Embezzlement
   - fraudulent
   - conversion
   - personal property of another
   - by someone w/ lawful possession
2. Extortion
   - threats of future harm
   - w/ intent to induce another to relinquish property
3. False pretenses
   - obtaining TITLE
   - to personal property of another
   - by intentional false statement of past or existing fact
   - with intent to defraud the other
4. Forgery
   - making or altering
   - a writing w/ apparent legal significance
   - which now makes it false
   - w/ intent to defraud
5. Larceny
   - taking
   - carrying away
   - tangible personal property
   - of another w/ possession
   - by trespass
   - w/ intent to permanently deprive
6. Larceny by trick
   - same as false pretenses, but w/ mere possession, not title
7. Malice mischief
   - the malicious
   - destruction of or damage to
   - property of another
8. Receipt of stolen property
   - possession or control
   - stolen personal property
   - known to be stolen
   - by another person
   - w/ intent to permanently deprive
9. Robbery
   - taking
   - personal property of another
   - from the other person’s presence/vicinity
   - by force or threats of immediate harm or physical injury to victim/family/other person in vicinity
   - w/ intent to permanently deprive

Question 2

Crimes against the person

Answer 2

1. Assault
   - attempted battery or intentional creation of reasonable apprehension of imminent bodily harm
   - no actual touching
   - aggravated assault - w/ deadly weapon or intent to rape or maim
2. Battery
   - intentional or reckless causing of bodily injury or offensive touching
   - to another
3. Murder - unlawful killing of human being w/ malice aforethought
   - intent to kill
   - intent to inflict great bodily injury
   - reckless indifference to an unjustifiably high risk to human life
   - intent to commit a dangerous felony: MBARRK (mayhem, burglary, arson, rape, robbery, kidnapping)
4. Voluntary manslaughter = murder + adequate provocation
   - provocation that would arouse sudden and intense passion of ordinary person causing loss control
   - D was in fact provoked
   - no cooling off period for reasonable person
   - D in fact did not cool off
5. Involuntary manslaughter
   - committed w/ criminal negligence OR
   - during commission of unlawful act (misdemeanor or other felony)
6. 1st degree murder
   - deliberate and premeditated unlawful killing
   - felony murder
7. Felony murder
   - murder committed during commission of
   - inherently dangerous felony
   - limitations:
   - - D must have committed/attempted to commit underlying felony
   - - felony distinct from killing itself
   - - death must been a foreseeable result of felony
   - - death before D’s immediate flight from the felony ended (safe place != felony murder)
   - - not liable for death of co-felon
   - - not liable for death of innocent person, unless death caused by agent of D (accomplice)
8. 2nd degree murder: all other murders
9. Rape
   - unlawful carnal knowledge
   - of a woman by a man not her husband
   - without effective consent
10. False imprisonment
    - unlawful confinement
    - of a person
    - without valid consent (no coercion/incapacity)
11. Kidnapping
    - unlawful confinement
    - of a person
    - that involves concealing or moving victim

Question 3

Crimes against habitation

Answer 3

1. Arson
   - malice (intentional/reckless disregard of risk)
   - burning
   - dwelling
   - of another
   - * charring = arson, soot = smoke damage, blistering paint = heat damage (not arson)
2. Burglary
   - breaking and entering
   - of a dwelling
   - of another
   - at night
   - intent to commit a felony in the structure (at time of entry, not later)

Question 4

Transferred intent

Answer 4

1. D intended harm of the nature that occurred
2. against someone other than the actual victim
3. D is guilty of:
   - crime against actual victim
   - attempt against intended victim
4. applies to Homicide, Battery, Arson

Question 5

Accomplice liability

Answer 5

1. Principal in 1st degree
   - commits the illegal act; or
   - causes an innocent agent to do so
2. Principal in 2nd degree
   - aid, commanded or encouraged principal
   - was present at scene
   - intent to encourage crime
3. Accessory before the fact
   - aids or encourages principal
   - not present at scene
   - intent to aid principal
   - intent to have crime committed
   - liable for all foreseeable resulting crimes
4. Accessory after the fact
   - assist someone known to have committed a crime avoid capture/conviction
   - liable for a separate lesser charge
5. Withdrawal
   - must be before crime committed
   - repudiation sufficient for mere encouragement
   - attempt to neutralize if beyond mere encouragement

Question 6

Insanity defenses

Answer 6

1. M’Naghten
   - mental disease that caused
   - not know act was wrong, or
   - not understand nature and quality of actions
2. Irresistible impulse
   - unable to control actions, or
   - conform conduct to the law
   - due to mental disease
3. Durham
   - but for mental disease crime would not happen
4. MPC
   - mental disease such that lacked capacity to:
   - appreciate wrongfulness of act, or
   - conform conduct to law

Question 7

Intoxication defenses

Answer 7

1. Voluntary intoxication
   - intentional taking w/o duress
   - defense to specific intent crime
2. Involuntary intoxication
   - taking w/o knowledge of its nature
   - under duress
   - pursuant to medical advice unaware of its effects
   - defense to all crimes

Question 8

Infancy defense

Answer 8

1. Under 7: absolute defense to all crimes
2. Under 14: rebuttable presumption of defense (child did not understand nature and wrongfulness of actions)
3. 14 or older: treated as adults

Question 9

Justification defenses

Answer 9

DEMAND IC

1. Intoxication/Infancy
2. Self-defense
   - non-deadly force: justified if appears reasonably necessary to avoid imminent injury or retain property
   - deadly force, justified if:
   - - without fault
   - - confronted with unlawful force
   - - reasonably believes threatened w/ imminent death or great bodily harm
   - - generally no duty to retreat
   - aggressor self-defense, only if:
   - - effectively withdraws and communicates OR
   - - victim suddenly escalates
3. Defense of others - need reasonable appearance of right to use force
4. Defense of dwelling - nondeadly force allowed
5. Defense of other property
   - defending possession: reas, nondeadly force
   - regaining possession: force only if in pursuit
6. Crime prevention
   - non-deadly force - to prevent felony or breach of peace
   - deadly force - to terminate or prevent dangerous felony
7. Use of force to effectuate arrest
   - police officers
   - - non-deadly force: if reas necessary
   - - deadly force: only if nec to prevent escape and felon threatens death or serious bodily harm
   - private persons
   - - non-deadly force: if crime was in fact committed and private person has reas grounds to believe person arrested in fact committed the crime
   - - deadly force:only if person harm was actually guilty of arrested offense.
8. Necessity
   - if reas necessary to avoid greater harm
   - never deadly force
9. Mistake or ignorance of fact
   - relevant only if D lacked state of mind for crime
   - reasonableness
   - - specific intent - mistake need not be reasonable
   - - any other state of mind - must have been reas
10. Mistake or ignorance of law - no defense, except:
    - crime statute not published/available prior to conduct
    - there was reas reliance on statute or judicial decision
    - in some jurisdiction, reas reliance of official interpretation or advice
11. Duress - defense to crime other than homicide
12. Entrapment
    - criminal design originated with police, and
    - D was not predisposed to commit crime prior to contact w/ govt

Question 10

Inchoate crimes

Answer 10

1. Attempt
   - intent to commit crime and
   - affirmative act or substantial step in furtherance of the intent to commit crime, beyond mere preparation
   - merges with actual crime
   - defense: legal impossibility
2. Solicitation
   - request or encourage another to commit a crime with intent the person does commit the crime, regardless whether they agree
   - merges with actual crime
   - defense: solicitor is protected class (minor female + statutory rape)
3. Conspiracy
   - agreement b/w parties to achieve unlawful objective
   - intent to enter into agreement
   - intent to achieve unlawful objective
   - overt act more than mere preparation in furtherance of conspiracy
   - no merger
   - defense: withdrawal only a defense to crimes committed, not the conspiracy crime

Question 11

Judicial crimes

Answer 11

Perjury: intentionally taking a false oath in regard to a material matter in a judicial proceeding

Subordination of perjury: procuring or inducing another to commit perjury

Bribery: corrupt payment or receipt of anything of value for official action