Crim Law Knowledge Gap Cards

Front 1

Legal impossibility

Back 1

a traditional common law defense to a charge of an attempted crime. Legal impossibility arises when a person believes she is committing a crime, but the act is, in fact, lawful. For example, a person may believe she is receiving stolen goods, but the goods are in fact not stolen.

Front 2

Elements of false pretenses

Back 2

o1) A false representation of a material present or past fact
2) which causes the victim 3) to pass title to
4) his property to the wrongdoer,
5) who
a) knows his representation to be false and
b) intends thereby to defraud the victim.

Front 3

Involuntary manslaughter

Back 3

the unintentional homicide (causing death) of another human being, done without malice aforethought resulting from criminal negligence or during the commission of a lesser crime that is otherwise insufficient to sustain a charge of murder.

Front 4

Solicitation

Back 4

the act of one person urging another to commit an illegal act. A solicitation is complete as soon as the urging takes place, and there is no such thing as an attempted solicitation. But if the illegal act urged is actually committed, the Solicitation merges into the criminal result.

Front 5

The defense of entrapment

Back 5

can be raised where the police or other law enforcement persons induced the defendant to commit the crime, and where the defendant was not otherwise disposed to committing the crime. Entrapment is straightforward: it involves two elements 1)police induced the crime and 2)the defendant was not disposed to commit it.

Front 6

accomplice to a crime

Back 6

the defendant intentionally solicited, aided, agreed, or attempted to aid in the planning or the committing of the crime. An accomplice will be subject to the same punishment as the principle actor in the crime.

Front 7

Robbery

Back 7

Larceny +2
-by force or threat of force
-in presence of the victim
(so there's an immediate threat of force)

Front 8

Larceny

Back 8

?

Front 9

Embezzlement

Back 9

?

Front 10

Res Gestae Requirement

Back 10

– A requirement of the felony-murder rule is that the homicide must occur "within the res gestae [things done to commit] of the felony," which requires both:


1.) temporal and geographical proximity – There must be a close proximity in terms of time and distance between the felony and the homicide. The res gestae period begins when the defendant has reached the point at which he could be prosecuted for an attempt to commit the felony, and it continues at least until all of the elements of the crime are completed. Most courts provide that the res gestae of a felony continues, even after commission of the crime, until the felon reaches a place of temporary safety.
2.) A causal relationship between the felony and the homicide.

Front 11

Elements of Larceny:
(traditional)

Back 11

1. Trespassory: acquired without permission; lack of consent
2. Taking: securing dominion over it; some kind of control
3. Carrying Away: “Asportation”; movement, not necessarily far away
4. Personal Property: specific private property (may not be trees and trout)
5. Of Another: refers to the possession (not ownership) from another person. (You can commit larceny of your own stuff.)
6. With Intent to Deprive Permanently: Mens Rea; the intent to deprive
owner of his property permanently, or for enough time to deprive the property of its value

Front 12

People v. Meyer

Back 12

(since defendant did not remove coat from the store, the court held
that it was not larceny)

Front 13

Larceny by Trick:

Back 13

Obtaining possession by trickery, through lies
i. Property must be converted by the defendant (i.e. destroyed, sold, other otherwise
deprived of much of its value to its owner)
1. If I borrow your stereo and tell you I will return it tomorrow, and tomorrow
I am caught with the stereo unharmed, I am not guilty, because there is no conversion.

Front 14

The King v. Pear (1779):

Back 14

man borrowed horse but kept it; though there was consent,
it was obtained by trickery, and therefore was larceny by trickery.

Front 15

Larceny by Bailee

Back 15

– similar to embezzlement except there is a bailment rather than simple possession.

Front 16

False Pretenses:

Back 16

Obtaining title by misrepresentation, through lies (only applies to past activity)
a. Elements of Theft by False Pretenses:
i. Intentional Misrepresentation
ii. Past or Present Fact
1. Does not cover future facts because of “puffing” (i.e. Car dealer exaggerates worth of car, knows it won’t last. This is a lie, but it’s not false pretenses)
iii. Facts Not True
iv. Material to the Deal (“but for”; would not have happened if not for the misrep.)
b. Court must prove, beyond a reasonable doubt, that there was intentional
misrepresentation of the product in order to prove guilt
c. Ex: Price Tag Switching

Front 17

Embezzlement

Back 17

: Obtaining possession rightfully (with a clean mind) then converting property to
one’s own use (changes to evil mind) thief always has possession

a. Elements of Embezzlement:
i. Fraudulent
ii. Conversion of
iii. the Property
iv. of Another
v. by one who is already in lawful possession of it

Front 18

Elements of a Conspiracy:

Back 18

a. Plurality Requirement (2 or more people)
i. MPC: can be unilateral (you can be guilty for believing you agreed even if the other
person does not believe you agreed)
b. Agreement between the parties (not necessarily an objective contract just express or implied understanding) (can be between you and someone you don’t know) (Enough to know that “we’re in this together”)
c. Intent to Commit a Crime

Front 19

3 Mens Rea Elements of Conspiracy: (all are required)

Back 19

1. Intent to Agree
2. Intent to Promote the Project -
d. Overt Act: any act “in furtherance of” the conspiracy (by any conspirator) (very easy test) (basically criminalizes speech)
3. MPC: If you believe you are conspiring with another, you are guilty w/overt act

Front 20

4. Limits on Conspiracy: WHARTON’S RULE:

Back 20

If a crime has a required minimum of people for
it to be accomplished (i.e. gambling takes 2 people) you cannot charge 2 people with conspiracy to gamble (but if there are more than the minimum, you can)
-MPC rejects Wharton’s Rule –

Front 21

Criminal facilitation

Back 21

- everyone who provides stuff is not a conspirator because they may not want to promote the crime but supplies stuff because it is profitable. They may still be guilty of criminal facilitation, which is the supplying of goods that are used in the commission of a crime.

Front 22

The two varieties of assault

Back 22

1)The attempted-battery version of assault- focuses on the actions of the defendant rather than the reaction of the victim. it requires intent to do physical harm and come quite close to actually inflicting the harm. In many jdics, mush have present ability to do the battery.
2)Frightening- Intentionally causing fright:the defendant must intend to frighten;the victim must suffer actual fright from the experience.Usually the victim is held to the standard of a reasonable person with normal sensibilities. This means that the fright must be such that a reasonable person would suffer when presented with the defendant's conduct.

Front 23

The definition of battery and how it differs from assault

Back 23

battery is physical contact without consent. The contact may involve various degrees of harm, ranging from serious bodily injury to any bodily injury to offensive contact.
intentional harm. The doctrine of transferred intent applies.
In addition, many locales also extend battery to reckless (sometimes requiring ignorance of a known risk) or even criminally negligent (serious deviation from the standard of care of a reasonable person) injuries. A few jdics include harm during unlawful acts.

Front 24

The Model Penal Code's combined assault-battery crime

Back 24

?

Front 25

Aggravated versions of assault and battery

Back 25

?

Front 26

The defenses of consent and parental/teacher authority

Back 26

You're allowed to use reasonable force to discipline your kids. Teachers used to be allowed too.

Front 27

The definition of mayhem

Back 27

Disfiguring someone and keeping them form being able to defend themselves in the future.-this is probably mostly serious bodily injury for aggravated battery nowadays.

Front 28

The definition of reckless endangerment

Back 28

to "recklessly (or even negligently, in some jurisdictions) engage in conduct that places or could place another person in danger of death or serious bodily injury."regardless of actual Injury or fear.

Front 29

The definition of stalking and how it differs from assault and battery

Back 29

Stalking is repeatedly or as a pattern calling or being near someone with the intent of causing fear or anxiety in the person (although this can be done recklessly or even negligently I think-where did my notes go on this?)@!@!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Front 30

criminally negligent

Back 30

(serious deviation from the standard of care of a reasonable person)

Front 31

"simple assault" MPC

Back 31

covers
1)purposely, knowingly, or recklessly
2)causing bodily injury (or even negligently by means of a deadly weapon)
3)or attempting by "physical menace" to put another in fear of imminent serious bodily injury. .

Front 32

aggravated assault MPC

Back 32

reaches the person who attempts to cause serious bodily injury, or who causes serious bodily injury, purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, or attempts to cause bodily injury with a deadly weapon

Front 33

Conditional Assaults and Batteries

Back 33

a threat to do a physical harm unless the victim performs a specified activity. For example, D may threaten to kill V unless V gives D a kiss or money. In such cases, the common law has long held that this conditional threat is sufficient mens rea for assault since the victim suffered fear of the possibility of future harm.

Front 34

There are four types of aggravating elements.
(for assault and battery)

Back 34

1. Degree of Harm-serious bodily injury
2. Especially Grave Intent-to do serious crimes like murder rape and robbery
3. Nature of Victim-vulnerable, public servant
4. Especially Dangerous Means of Inflicting Harm-deadly weapons and stuff

Front 35

Burglary

Back 35

Breaking and entering into a dwelling of another at night with intent ot commit a felony: Burglary is complete with entry as long as D intends to commit a felony (not just against property)

Front 36

Extortion

Back 36

Obtaining property by threat of future harm.

Front 37

Embezzelment

Back 37

Obtaining property through a position of trust and unjustly converting it.

Front 38

False Pretenses

Back 38

Telling lies about past or present facts in order to obtain title.

Front 39

Robbery

Back 39

Obtaining property from the person or presence of a victim by force or threat of force.

Front 40

MPC Consolidated Theft

PS:
Cali and colorado also have modern combined statutes

Back 40

make "theft" a term that covers the other common law crimes that make distinctions between how the property came to be possessed by the thief and includes services.

Front 41

larceny (common law)

Back 41

required the prosecution to prove six elements: (1) a trespassory (2) taking and (3) carrying away of (4) personal property (5) of another person (6) with intent to steal. The prosecution had to prove each element beyond a reasonable doubt.

Front 42

People v. Lopez,

Back 42

The California Supreme Court held that the offense was based on larceny, so the "taking" element required proof of asportation of the car.