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28 Cards in this Set

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Larceny by Trick
All the elements of Larceny, but where P has consented to D's taking possession of property, but consent has been induced by misrepresentation, the consent is not valid.
If D intends to borrows P's car without P's permission, but later decides that he wants to keep it, is it larceny?
Yes, under the doctrine of Continuing Trespass, if D takes property with a wrongful state of mind, but without the intent to steal, and later, while still in possession of it, forms the intent to permanently deprive P, under the doctrine D's guilty of larceny.
If a storekeeper is being robbed at knife-point, may he use deadly force?
Yes, a private person may use deadly force to apprehend a fleeing felon, if the felon threatens death or serious bodily injury & deadly force is necessary to prevent her escape.
D solicits A to kill her husband, but during A's attempt he's apprehended and charged with attempted murder. If A is later acquitted by reason of insanity, can D be convicted of conspiracy to commit murder?
No,if A was insane at the time the solicitation was made, D cannot be said to have conspried with him to commit the murder. Conspiracy requires that parties enter into an agreement, but becuase A did not have the capacity to enter into the agreement there is no conspiracy. D can still be charged with attempted murder.
D borrows A's car without his position for a demolition derby. Is D guilty of larceny?
Yes, if D intends to deal with the property in a manner that involves a substantial risk of loss, this intent is sufficient for larceny.
Can a court deny D's request to represent himself in a criminal matter if the court believes that D is incapable of doing so?
No, D has an absolute right to waive counsel and represent himself. The waiver must be knowing and intelligent, and D need not be found capable of representing himself effectively. Such a violation will result in a reversal of conviction. The court cannot recover from D the costs of an attorney who was appointed against his will.
If D and A had lived together for 30 years, but were not married, would D have a duty to act?
Yes, D's has a duty to act if there exists a sufficiently close relationship btw D and A. Even though they weren't legally married, the fact that they lived together shows a sufficiently close reltionshipm whereby D has a duty to prevent harm to A.
A agrees to loan D her car, on the condition that D turns over his watch until the car is returned. If D goes and takes back the watch without returing the car, is D guilty of larceny?
Yes, larceny is a crime against possession rather than ownership, requiring only that the property being taken from someone with a possessory interest superior to that of D.
If D and A are both being tried for murder, but during the trial D asserts that his confession was obtained through coercion, can the prosecution admits A's statement to counter D's claims of coercion?
Yes, although the 6th Amend. right to confron adverse witnesses prohibits the use of such statements, as an exception to the rule, the statement may be admitted if all portions of the statement referring to the other D can be eliminated, the confessing defendant takes the stand and subjects himself to cross-examination with respect to the truth of what the statement asserts, or the confession of the nontestifying co-defendant is being used to rebut the defendant's claim that his confession was obtained coercively, with an instruction to the jury of the admission.
Can a mistake of law be a defense to a crime?
Yes, a mistake regarding some aspect of law other than the existence of the statute makeing the act criminal may negated the state of mind required for the crime.
When a statute specifies an intent requirement, but does not specify to which element it apples to, what is the rule of construction?
When a culpable state of mind is specified by an offense without indicating to which element it applies. the state of mind applies to all material elements of the offense, unless contrary purpose appears in the statute.
If D and A agree to rob a grocery store, and during the commission of the robbery D rapes a clerk without A's knowledge, can A be charged with conspiracy to commit rape?
No, conspiracy requires that there be and agreement between A and D, an intent to enter into an agreement, and an intent to achieve the agreed objective. Absent the necessary agreement, A cannot be convicted of conspiracy to commit rape.
Under the unilateral (MPC) approach can D be convicted of conspiracy even if A, a co-defendant, did not share the commitment to commit the crime?
Yes, under the MPC approach, proof that D agreed with another to commit a crime is sufficient, even if there is no actual agreement between the two.
What is an accessory after the fact?
one who is recieves, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help teh felon escape arrest, trial, or conviction. The crime committed by the principal must have been completed at the time aid was given.
What is the difference btw lareny by trick and false pretense?
Larceny by trick occurs when possession of the property is obtained by D's misrepresentations, whereas false pretense the misrepresentations have prompted the victim to convey title to the D.
What are the elements for rape?
Unlawful carnal knowledge of a woman by a mand, not her husbadn, without her effective consent.
General intent: D is aware of all factors constituting the crime.
What is the difference between the common law and the modern trend concerning accomplice liability?
The modern law has abolished the CL distinction of principals in the 1st and 2nd degree, adn accessories before and after the fact & now hold all parties to the crime (except accessories after the fact) liable for the offense
What is the rule for accomplice liability?
If the accomplice acts with the itent to aid or encourage the principal in the commission of the crime, they are liable for the substantive crime + any probable or foreseeable crimes committed during its commission.
How can an accomplice withdraw from the crime to avoid liability?
By repudiating any encouragement or nuetralizing any assistance before the crime has been committed.
What is the intent element for common law murder?
Malice aforethought: if the D has the intent to kill, intent to inflict great bodily injury, reckless indifference to an unjustifiable high risk to human life, or intent to commit a felony.
Generally, what kind of felonies qualify for Felony Murder?
Generally, inherently dangerous felonies.
When can a co-defendants confession come in at a joint trial if he doesn't intent to testify?
Generally, the 6th Amendments right to confront adverse witnesses bars the inclusion of a non-testifying co-defendant, if the statement impicates the other D. However, if all portions impicating the other D is excised, the confession may come in against the co-defendant that made it.
When are conspirators laible for crimes committed by co-conspirators?
If such crimes were committed in the fyrtherance of the conspiracy and the crimes were a natural and probable consequence of the conspiracy.
Can a D's confession be used at trial if it was obtained in violation of D's Miranda rights?
Although such confession is imadmissible on the state's case-in-chief as evidence of guilty, it can be used to impeached D's testimony it he takes the stand at trial & the Ct. finds that D voluntarily and intelligently waived his right to counsel.
Can adequate provocation reduce a killing to voluntary manslaugter?
Yes, being subjected to a serious battery is frequently recognized as constitution adequate provocation. Provocation=in the wake of a sudden and intense passion that caused D to lose his self-control, which makes voluntary manslaughter applicable.
Under M'Naghten, when is D entitled to acquittal?
D must established that he lacked the ability to (1) know the wrongfulness of his actions; or (2) did not understand the nature and quality of his act.
Does an accidental killing during the commission of a robbery constitute common law murder?
Yes, under the CL felony murder rule, even an accidental killing during the course of a felony qualifies. Malice is implied from the intent to commit the underlying felony
Is the mistake as to the coverage of law a defense to larceny or other specific intent crimes?
No, a mistake as to the coverage of criminal law is not an excuse.