Criminal Law Midterm

Larceny

Unauthorized taking and carrying away of the property of another with the intent to steal it (permanently deprive)

Embezzlement

The fraudulent conversion of the property of another by one who is already in lawful possession of it

False Pretenses

A false representation of a material present or past fact which causes the victim to pass title (ownership) of his property to the wrongdoer who knows his representation to be false and intends thereby to defraud the victim

Robbery

Tresspassory taking and carrying away of the personal property of another with the intent to steal it + that the property be taken from the person or presence of another and that the taking be accomplished by means of force or putting in fear

Extortion

Intentionally and wrongfully demanding, soliciting, or receiving anything of value from the owner, proprietor, or other person having a financial interest in a business; and by means of either threat, express or implied, promise express or implied, that the person will cause competition of the person whom demanded to be diminished or eliminated, cause price of goods or services be increased decreased or maintained, protect property used from injury by violence or other unlawful means.

Burglary

Breaking and entering the dwelling house of another in the nighttime with the intent to commit a felony. Common law is specific to nighttime element. Modern view is nighttime element is not required.

Proof beyond a reasonable doubt

Legal requirement for a criminal conviction that prosecution must prove. Inherently qualitive not quantitative,

Theories of punishment

Prevention, Restraint, Rehabilitation, Deterrence, Education, Retribution

General Intent Crimes

Those requiring a voluntary act or a result that is substantially certain to result form the act. “involving any mental state, expressed or implied, in the definition of the offense that relates solely to the acts that constitute the criminal offense”

Specific Intent Crimes

Defendant’s act is required to be accompanied by some subjective intent other than doing the act itself. These types of offenses have a mental state listed in the definition of the crime.

Mens rea

“guilty mind” - mentally culpable state of mind

Purposely

If the element involves the nature of his conduct or a result thereof, if it is his conscious object to engage in conduct of that nature or to cause such a result and if the element involves the attendant circumstances, he is aware of the existence of such circumstances or believes, hopes they exist

Knowingly

if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist and if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result

Recklessly

When he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. Disregard of the risk caused by the conduct involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation

Negligently

When he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The actor’s failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.

Rule

Ignorance of the law is not a defense

Rule

Mistake of fact is not a defense to liability (aka mistake of real-world circumstances or physical situation.

Rule

Mistake of law CAN be a defense to liability but its weighed (aka mistake or ignorance of what the law says or means)

Rule

intent to return an item under the conditions that the owner wants them back is a complete defense to embezzlement but returning substitute property or something of monetary equivalent is NOT a defense to embezzlement

Conversion

Requires a a serious act of interference with the owner’s rights for example using it up, selling it, pledging it, giving it away, delivering it to one not entitled to it, inflicting serious damage to it,, claiming and withholding against the owner. Mere acts of moving it a short distance, using it casually, damaging it slightly, will not count as conversion.

Rule

Claim of right does not justify the use of violence

Rule

Illegal debts, such as gambling debts, will not validate a claim of right in any circumstance. Cannot use force as self-help to reclaim debts

Claim of right traditional view

Claim of right is a defense to larceny and robbery because it negates the intent to steal where the taking is under an honest claim of ownership and a lawful right to possess property.

Claim of right modern view

Using a forcible claim of right is not a defense to theft or robbery

Robbery force majority view

force used after the taking will not be force as an element of robbery. Force must be prior or contemporaneous with the taking.

Robbery force substantial minority view

Force used to retain, or force used in flight will constitute force for robbery.

Burglary entry rule

Any part of the body that crosses the threshold is considered entry

Burglary instrument entry rule

An instrument used to intrude into a structure and accomplish a crime can also qualify as entry for the purposes of burglary. If its only used to help make a way of entering and its not used to harm or commit crime, then it is not entry for the purpose of burglary.

Burglary trespass element rule

A person is a trespasser for the purpose of the Theft Act is he enters the premises of another knowing that he is entering in excess of the permission that has been given to him or being reckless when entering.

Larceny by trick

Passes only possession not title