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89 Cards in this Set
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larceny: Common law elements
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1) trespassory taking
2) carrying away 3) of the tangible personal property 4) of another CL: felony (mr mrs lamb) 5) with intent to permanently deprive the owner thereof |
5 elements
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Larceny crime
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offense against possession, if employee has custody and take property= larceny.
If property is in control of the employee for the benefit of the employer, the employee has custody = larceny. taking from someone who has superior possessory interest Lost/mislaid property applicable NOT abandoned MD statute: felony or misdemeanor depends on price value |
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bank teller and holding the money
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bankteller hold the money in one's hand and keeps it = possession = embezzlement
bankteller put money into bank drawer/bag, = custody = larceny |
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embezzlement
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possession from third party and never relinquishes possession that possession to the employer
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By trespass
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method of committing larceny, obtained illegally
Actual trespassL: wrongful act against a person with a superior possessory interest Constructive trespass: taking by consent obtained by fraud (material misrepresentation by thief) = larceny by trick |
Two types
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Continuous trespass
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need coincidence in time of actus reus and mens rea to prove intent to permanently deprive
joyriding followed by intent to deprive = larceny |
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embezzlement elements
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1) Conversion (misappropriate, related conduct with serious interference with property rights)
2) of tangible personal property of value 3) of another 4) by one in lawful possession - not mere custody 5) with specific intent (mens rea) to defraud CL: misdemeanor MD: felony or misdemeanor dependant on value of property |
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false pretenses
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1) obtaining title
2) to tangible personal property of value 3) of another 4) as a result of material misrepresentation of past or present fact 5) with specific intent to defraud Cl: misdemeanor MD: misdemeanor or felony depend |
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Receiving stolen goods elements
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1) receiving actual or constructive possession
2) of tangible person property of value 3) with knowledge that it was criminally obtained 4) by another 5) with specific intent to permanently deprive one with superlative possessory interest in property CL: misdemeanor MD: dependent on price of proerty NOTE: Knowledge (MD, MPC, majority) = subjective |
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Theft (statutory) and value price categorization
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If multiple thefts are part of one continuing scheme
$500 at least = felony no sol for felony, misdemeanor = 2 years |
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Theft (statutory) elements
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1) Wilfully or knowingly obtained/exerted unauthorized control over property of owner
2) defendant has the purpose of depriving the owner of the property 3) property value at least $500 |
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Theft (statutory) defenses
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1)acted under a good faith claim of right
2) acted in a honest belief of the right to obtain/exert control 3)property was that of the defendant's spouse with whom the defendant resided with 4) rightfully knew of the trade secret 5)lack of guilty knowledge/scienter |
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theft (statutory) by deception elements
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1) wilfully/knowingly obtained control over someone else's property
2) willfully/knowingly used deception 3) deprive owner of property Deception: intended to mislead |
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Misappropriation by fiduciary
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1) defendant had the role of fiduciary agent
2) entrust with money (thing of value) belonging to another 3) wilfully used item of value for purpose other than that what it was intended for 4) act fraudulently (promote personal interest of someone else other than the person who had entrusted defendant with the money/thing of value |
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Bad check: insufficient funds
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1) defendant passed a check
2) obtained property or service by passing the check 3) defendant had knowledge there was insufficient funds 4) passed check with intent/belief the payment would be refused 5)check ultimately dishonored and defendant did not make check good within 10 days 6) value at least $500 NOTE: cannot be post-dated check Inferrence: infer from defendant's conduct |
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Forgery/Uttering- false making
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1) false writing
2) writing appeared to be a valid legal document 3) false writing was made with intent to cheat or defraud |
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forgery/uttering - alteration
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1) altered a writing
2) altered writing appeared to be a legal document 3) intent to cheat/defraud |
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forgery/uttering - uttering
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1) presented/passed/attempted to pass a forged writing as genuine
2) knowledge the writing was forged 3) present/pass writing with intent to cheat or defraud NOTE: uttering and forging are a separate crime |
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Burglary (CL)
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1) Breaking (Actual: create/enlarge opening Constructive: threat/fraud)
2) of a dwelling house (human habitation) 3) of another 4) specific intent to commit felony therein -in night time |
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Burglary (stat) 1 degree
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1) breaking
2) entering 3) someone else's dwelling 4) intent to commit theft and/or crime of violence Mrs. baker 5) defendant was the person who committed the act |
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Burglary (stat) 2 degree
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1) breaking
2) entry 3) someone else's building 4) intent to commit theft and/or crime of violence and/or arson 5) defendant was the person who committed the act |
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Arson (CL)
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1) Actual combustion or charring by fire
2) Dwelling house- regularly used for sleep 3) of another 4) with malice: wanton and reckless disregard for safety of others |
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Arson (stat.): dwelling
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1) set fire to or burn
2) dwelling: adapted for overnight accomodation 3) with wilful and malice (intent to harm others/property |
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arson (stat): occupied structure
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1)set fire or burned at least part of an occupied structure
2) wilful and malicious intent 3) person is in the structure structure: other than a dwelling |
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arson (stat): structure
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1) set fire/burn at least part of the building
2)setting of fire/burn was wilful and malicious |
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arson (stat): malicious burning of personality
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1) set fire/burn at least of someone else's goods
2) burning of the goods was wilful and malicious 3) damage was at least $1000 (felony) |
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Assault (CL, stat)
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CL: attempted battery
Stat: second degree battery 1) substantial step toward battery (no need for victim awareness 2) specific intent to commit battery or 1) intent to frighten- create fear of imminent battery (victim must be aware of apparant ability) 2) specific intent to cause fear of imminent battery First degree: aggrevator: gun |
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battery: (CL, stat)
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CL/2 degree: direct/indirect offensive contact with person or extension
aggrevator: first degree with firearm mens rea: gross negligence or reckless disregard for another's personal integrity by offensive touching |
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reckless endangerment (stat)
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substantial risk of imminent serious physical injury
gross negligence or reckless for creation of risk of serious physical injury |
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child physical abuse (statutory)
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actus reus: parent/in loco with malicious act or cruel or inhuman treatment to victim under 18 with a GENERAL intent to commit malicious act/cruel/inhumane treatment
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robbery (CL, stat)
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CL: larceny from a victim's presence/presence, actus reus: battery or constructive force
mens rea: specific intent to permanent remove tangible personal property Stat: with dangerous weapon, theft from victim's person or presence, object capable of serious physical injury Mens rea: specific intent to deprive property |
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carjacking (stat)
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Actus reus: obtain unauthorized control of vehicle from victim's actual possession
unarmed: battery or constructive force armed: object capable of serious physical injury mens rea: general intent to obtain unauthorized control of vehicle |
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Extortion (CL, Stat)
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Actus reus: theft/attempted theft
Assault aspect: threat to harm person/property/reputation by accusation mens rea: specific intent to gain thing of value |
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false imprisonment (CL)
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Actus reus: confinement (compelled to remain/go)
Assault aspect: battery or constructive force against will of victim Mens rea: general intent to confine |
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kidnap (CL, statutory)
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CL: carrying away of victim out of jurisdiction
Assault aspect: actual force or constructive force against will of victim mens rea: specific intent to carry out of jurisdction stat: carrying of a victim any distance or conceal the victim statutory: same as Cl + fraud mens rea: specific intent to carry any distance or conceal |
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dangerous weapon
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object capable of causing serious bodily harm
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firearm
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short/long barrel weapon that fires bullets by explosion
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handgun
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firearm with short barrel, capable of being concealed
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weapon: transportation handgun in vehicle
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1) defendant wore, carried, or knowingly transported a handgun in a vehicle AND
2) traveling on public road, highways, waterways, airways, or parking lots |
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carrying handgun concealed or openly
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1) defendant wore, carried, or transported a handgun on or about person
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handgun
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pistol, revolver, other firearm, capable of being concealed on/about the person
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weapons: carrying dangerous weapon openly with intent to injure
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1) wore a dangerous weapon
2)carried openly with intent to injure another person |
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carrying concealed dangerous weapon
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1) defendant wore/carried a dangerous weapon
2) weapon was concealed on/about defendant |
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weapons: use of handguns in commission of felony ore crime of violence
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1) defendant committed the felony crime of felony crime and
2) used a handgun in the commission of the criminal activity |
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possession of firearm with nexus to drug trafficking
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1) defendant committed the crime of...
2) possessed a firearm during, and in relation to the time 3) connection between defendant's possession of the firearm and the crime |
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weapons: use/wear/carry or transport firearm in drug trafficking
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1) defendant committed the crime related to drugs
2) defendant used/wore/carried/transported a firearm during, and in relation to the crime |
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rape: CL
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actus reus: non-marital sexual intercourse --> slightest penetration
force: actual force or constructive force Without consent NOTE: reluctant consent is consent = second degree rape |
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rape: statutory
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1) defendant had vaginal intercourse
2) act was committed by force or threat of force 3) act was committed without the consent |
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second degree rape (age)
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Victim under 14
Defendant at least 4 more year older |
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second degree rape (mental defect/incapacity)
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defendant knew/should know of mental defect or helpless
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First degree rape
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belief of weapon, serious injury, threaten serious injury, multiple defendants, during burglarly 1-3 degree
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sexual conduct protection
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constitutional protected under the right of privacy found in the due process clause of the 14th amendment provided that the conducts is
1) factually private 2) consensual 3) between adults 4) non-commerical 5) non-incestial |
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sodomy
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anal intercourse
no consent |
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unnatural perverted sexual practices
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fellatio, cunnilingus, anilingus, anal intercourse w/person/animal
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child sexual abuse
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molestation or exploitation
molestation - rape, incest, sex 1-4, sodomy, unnatural/perverted sexual practices) or exploitation |
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incest
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sexual intercourse without knowledge cannot marry person of first relation
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sex 1
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sex act w/force, no consent, and aggrevator
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sex 2
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sex act w/force and no consent
victim under 14, defendant at least 4 years older defendant know/should have known of mental incapcity/physically defective/helpless |
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Approach to rape and sex offenses
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3 prohibited acts
1) Rape 2) perverted practice (sex offense) 3) sex offense by way of sexual contact (sexually purposeful touching 3 modalities 1) unaggravated (elements of offense only) 2) aggravated (elements of offense + at least one aggrevator) 3) strict liability (age under 14 or under 16 or with defendant knowing of mental/physical defect/inability/helpless 3 special rules 1) no marriage defense if a) apart w/no sex and limited divorce decree b) apart w/no sex and separation agreement c) apart w/no sex for 3 months w/o agreement d) actual force and no consent even not apart 2) rape sheld: sex with others inadmissible (reputation irrelevant sex with defendant admissible if goes to consent (in camera) Venue: any county w/transporation offered/given or ended |
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homicide definition
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killing of one human being by another being
include: 1-2 murder, manslaughter, non-criminal justified or excused homicide |
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homicide requirements
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1) requirement of a victim whose death was a homicide
2) victim must be alive at the time of the homicidal act 3) requirement of both a factual and legal (proximate) causation between the act and the death |
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murder definition
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felonious killing of a human being with malice
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malice definition
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intentional doing of a wrongful act without justification, excuse, or mitigation (JEM)
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Proving malice (disjunctive)
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1) specific intent to kill (intentional)
2) specific intent to do bodily harm (intentional) 3) depraved, abandoned, or malignant heart act (unintentional) 4) felony murder (unintentional homicide) |
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transfer intent
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transfer from intended victim to unintended victim
Applicable: 1-2 murder, heat of passion, imperfect defense for voluntary manslaughter, transferring perfect defenses for justified homicide |
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voluntary intoxication defense
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defense to all specific intent murders --> depraved heart murder
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first degree murder
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1) Conduct of defendant caused death
2) wilful, deliberate, and premeditated specific intent to kill Aggrevator: wilful, deliberate, premeditated how: by poison, lying in wait, torture, extreme cruelty (MD deletes torture and extreme cruelty) Calculation: based on force reasonably calculated to cause death (deadly weapon used against vital party of human body) Not honest (actual=subjective) and not reasonable |
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first degree murder and specific intent to harm
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No connection
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second degree murder
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with malice without aggrevator, specific intent to kill
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second degree murder and specific intent to harm
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specific intent. bodily harm calculated by force reasonably calculated to cause serious bodily harm (body aided such as brass knuckles)
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manslaughter
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felonious murder w/o malice
Reason: mitigation Imperfect defense Include: heat of passion (legally adequate provocation with spousal adultery (CL), violent battery, mutual affray, illlegal arrest Variable: without sufficient time to cool down. against original person, not someone else |
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non-criminal
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no malice because of justification or excused (intentional homicide)
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Excused homicide
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No malice. Do not applaud but excused
Example: killing while insane (not in MD) below age of criminal capacity (juevenile) honest and reasonable mistake of fact valid defense transferred to unintended victim valid self-defense who was original aggressor at non-deadly force level |
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justified homicide
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non-criminal homicide
no malice perfect self-defense, defense of others, crime prevention, defense of habitation NOTE: when completely faultless |
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necessity-based defenses
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1) duress- based on neccessity caused by another person
2) necessity - situational duress 3) self defense (preserve one's own life/physical integrity 4) defense of others |
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duress
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mitigator, serious bodily harm or death to self or others
NOTE: no defense to intentional murder or attempted murder may be a defense to felony murder with focus on underlying felony NOTE: defendant CANNOT create the situation |
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necessity
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harm/evil caused by natural/physical forces to protect person, property of self or others
Allowed for: to save more than 1 life NOTE: defendant CANNOT create the situation |
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self defense
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may lead to perfect defense
Harm: deadly/non deadly harm To: self deadly force permitted if: after retreat (MD rule and minority) unless retreat is unknown/unsafe or in one's home or is being robbed Requirement: defendant needs to be the initial non-aggressor |
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defense of others
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Elements
1) defendant honest/actual (subjective) third person is in imminent danger of bodily harm 2) defendant's belief was reasonable 3) use no more force than reasonable to defend the person 4) purpose to use the force to aid the person needing it danger: deadly or non-deadly assault object of harm: others deadly force permitted (if reasonable): yes requirement: defendant stood in the shoes of third party victim CL: third party victim had to be a close relative |
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Crime prevention
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force; deadly/non-deadly assault
Object of harm: self or others Condition: if suspect poses significant threat of death or serious body harm NOTE: warning given unless giving warning would be futile or dangerous NOTE: law officer needs valid warrant or probable cause (honest and reasonable) |
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defense of habitation/property
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harm: to person or property
Based on: necessity, self-defense, defense of others, crime prevention NOTE: is actual or threatened serious bodily harm if inherently dangerous felony w/potential victim present NOTE: may NEVER take life to protect property 1) reasonable force 2) honest/actual knowledge of crime about to occur in/at defendant's house 3) use of no more than reasonable force |
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1st degree murder
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death caused during attempt, commission, or escape from inherently dangerous felonies (Mrs. Baker + carjacking and sexual offenses)
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co-felony liability
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co-felons are liable if death is in furthurance of and natural/probable consequence of, common design
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co-felony liability exception
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when co-felon killed in justified homicide. non-felon exercised perfect necessity based defense. Who? police or victim
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killing committed by a non-felony (police, victim, or bystander)
2 different arguments |
Proximate cause theory: felons are liable for homicide (of co-felon or another) by non-felon because felons et in motion that led to death
Agency theory (MD) co-felons NOT liable for homicides (of co-felon or another) committed by non-felons. Exception: human shield case |
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2nd degree felony murder
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death caused during attempt, commission, escape from non-MRS. BAKER inherently dangerous felonies such as child abuse, 1st degree assault
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Depraved heart murder
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2nd degree murder
Death caused by wanton/willful (extreme indifference to human life) --> killing while voluntarily intoxicated (General intent crime) |
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manslaughter-misdemeanor manslaughter
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step down from felony murder- Death results from act that is unlawful
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gross negligence
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step down from depraved heart
gross deviation from reasonable person standard of care --> wanton/reckless/gross negligent act |
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