Criminal Law Final

Front 1

What is Actus Reus?

Back 1

1. Avoluntary act that causes social harm;

2. Comprehensive notion of act, harm, andits causation

Front 2

Three Ingredients of Actus Reus

Back 2

1) Committing a Voluntary Act

2) Is the Cause of

3) Social harm (Crime)

Front 3

What are the four elements of Larceny:

Back 3

1) Trespassory Taking and Carrying Away

2) Personal Property

3) of Another Person

4) With the intent to permanently deprive

Front 4

What are the two types of possession?

Back 4

Constructive

Actual

Front 5

What is constructive possession? (2 types)

Back 5

There is a nexus between the title holder and the object.

Someone else has custody of something in which the title has not passed.

Front 6

What is the Mens Rea for Larceny?

Back 6

Need "intent to permanently deprive"

Front 7

What is custody?

Back 7

One has physical control over an object but the right to use it is substantially restricted by the owner (Employer to Employee laptop)

Front 8

To determine whether a larceny has occurred, the court must determine:

Back 8

1) Who initially has possession of the property?

2) Whether, when and to whom possession was transferred

3) Was the taking consensual?

4) Who has possession at the end?

Front 9

Hypos:

1) Test driving car w/ a dealer: Does test driver have possession?

2) If the dealer steps out and the driver speeds away, what has occurred?

3) Test driving car w/o dealer and decide to steal the car while driving: Is this larceny?

Back 9

1) No.

2) Speeding away is the transfer of property= Larceny

3) No, the taking was not trespassory or trickery.

Front 10

What is the status of a transferrer? (Ex: Delivery man)

Back 10

The delivery man is a bailee. The owner of the money is the bailor.

Front 11

In a transfer from a central bank to a branch bank, what is the status of the bank and driver.

Back 11

Driver= Bailee

Bank= Bailee

Front 12

Hypos:

1) Bank hires Armored Car Service to delivery bags. Before delivering bags, driver takes money out of bags. Driver took bags to bank. Analyze.

2) Employer Asks Employee to take business's truck to get fixed. When does Larceny occur?

a) Employee takes truck straight out of town:

b) Employee takes to Mechanic, steals after getting fixed-- decided while driving back.

Back 12

1) Larceny: Trespassory taking occurred when he opened the bag outside of his job. NOT Embezzlement: No trust; NOT Larceny by trick: No trick

NOT False pretenses: Did not change the facts

2)a) When he takes the truck out of town.

b) No Larceny -- Consent from Mechanic

Front 13

If a person rents a car knowing that they will not return it, is this larceny?

Back 13

Larceny by trick.

Front 14

What is Larceny by Trick?

Back 14

All other elements of Larceny are met, except consent was granted to the thief by lying about his purpose.

A Lie =/= Consent

Front 15

What are the elements of embezzlement?

Back 15

1) An individual in the course of employment

2) Breach of the trust by converting property to a personal use.

Front 16

What are the elements of False Pretenses?

Back 16

1) The defendant lies.

2) Lie was made with the intent to defraud the owner

3) Reliance was made upon the defendant's lie that gave the property to the liar.

Front 17

What is the difference between Larceny by Trick and False Pretenses?

Back 17

In Larceny by Trick, the owner does not believe he is giving up the property for good.

Ex: person pretending to be valet takes car.

In False Pretenses, the owner intends to part w/ the property permanently.

Ex: person pretending to be repo man takes car.

Front 18

Hypos: Name. That. CRIME!

1) A gives B (Valet) car keys. B leaves town w/ car, never intending to return. Why?

2) A gives B (Fake Valet) car keys. B leaves town w/ car, never intending to return. Why?

3) A is behind on car payments. B knows this and poses as repo man. A gives B his car keys. Why?

Back 18

1) Embezzlement: Course of employment and converting property to personal use.

2) Larceny by Trick: Owner is not intending to be permanently deprived of the car.

3) False Pretenses: A is intending to be permanently deprived of the car.

Front 19

What is the Difference between and excuse and a justification?

Back 19

Excuse: Treating a criminal differently because we understand why they did what they did.

Justification: Person breaks the law, but society believes the person did the right thing.

Front 20

What are the elements of Self- Defense? (3)

Back 20

1) Threat

2) Response

3) Blameworthiness

Front 21

What are the two elements of a threat in Self-Defense?

Back 21

1) Unlawful

2) Immediate

Must be an ACTUAL and REASONABLE belief

Front 22

What is an appropriate Response in Self-Defense cases?

Back 22

Force necessary to deflect-- Cannot escalate too much

Front 23

What is considered with Blameworthiness?

Back 23

If you instigate the situation, are at fault, do not retreat, or otherwise fuel the tension, it is harder to show Self-Defense is appropriate.

Front 24

What is the Rule of Retreat?

Back 24

The Self-Defender cannot purposely go into violent situation.

Must retreat if given the opportunity.

Cannot kill for a misdemeanor threat.

Front 25

Can the initial aggressor claim self-defense? MPC?

Back 25

Usually not.

MPC: If the initial aggressor claims self-defense, they should be guilty of the initial crime.

Front 26

Can nonviolent provocation create a self-defense claim?

Back 26

No, words or adultery are not enough. Need a threat.

Front 27

When can a person use Defense of Others?

Back 27

"Reasonably believes" that another is in imminent danger of serious bodily harm.

Front 28

When can the Necessity Defense be used? (5)

(Dump truck in Alaska case)

Back 28

1) Clear and imminent danger (property allowed)

2) Reasonably expect actions will decrease harm.

3) Cannot be a legal alternative

4) Harm must not be disproportionate to the harm prevented (Cost-benefit analysis)

5) Defendant cannot create the danger

Front 29

Can homicide ever be used in a Necessity Defense?

Back 29

No, people are weighed more heavily than property and D cannot pick and choose who dies (4 people on a sinking boat meant for 3 people)

Front 30

What is the basic idea behind the Necessity Defense?

Back 30

The crime needs to be a better outcome than the lack of the crime.

Front 31

What does the MPC say about Necessity?

Back 31

Same thing, except it is not limited to natural forces. (Ax-wielding maniac chasing you can be a valid defense)

Case by case analysis is encouraged

Front 32

What are the elements of Duress?

Back 32

1) Immediate deadly threat

2) Well-grounded fear that the threat will be carried out

3) No reasonable opportunity to escape or call police.

Front 33

Can a third person's life to save one's own life in a Duress Defense?

Back 33

No.

Front 34

When is Voluntary Intoxication a relevant Defense to a crime?

Back 34

It is relevant to general intent crimes, bit not specific intent crimes (rape, etc.)

Front 35

Do all of the elements of a crime need to be accomplished for an "Attempt" crime?

Back 35

No, all of the elements will not normally be met.

Front 36

For Mens Rea in Attempt crimes, is it the same as the completed crime?

Back 36

No, an attempt crime is only relevant for the INTENDED crime, not other possible crimes that stem from the crime.

Need to intend the result of the crime.

Front 37

Can there be an "Attempt" at an Unintentional crime?

Back 37

No, there cannot be attempted involuntary manslaughter for a DUI or anything similar.

Front 38

Where does preparation end and perpetration begin?

Common Law?

MPC?

Back 38

Common Law: Whether the person is dangerously close to causing tangible harm-- seriousness of the offense if considered.

MPC: Substantial Step Test-- Focuses on what's been done versus what is left to do. Need to have a substantial step toward the commission of the offense.

Front 39

What must be done for the Law of Abandonment under the MPC? Common Law

Back 39

MPC: Completely and voluntarily renounce the criminal purpose

Common Law: Not a Defense-- If the crime is Attempted, there is no abandonment, but the Court is more willing to be lenient towards abandoning criminals.

Front 40

What is the Difference Between Assault and Attempted Battery?

Back 40

Assault: Present ability to commit violent injury.

Attempted Battery: Ask Seth

Front 41

What are the elements of Conspiracy?

Back 41

1) Meeting of the minds

2) Intending to commit an illegal objective

3) MPC: Overt Act

Front 42

What is the Pinkerton Doctrine?

Back 42

If you are a conspirator, a person is guilty for a criminal act that falls within the scope of the conspiracy or is a reasonably foreseeable consequence of the unlawful agreement.

Front 43

What is the Mens Rea for Conspiracy?

Back 43

Intent to Accomplish the Illegal Objective

Front 44

When are suppliers involved in the conspiracy? (2)

Back 44

1) Supplier needs to know the goods/services are being used for illegal activity.

2) Supplier needs to further, encourage, or corroborate the activity.

Front 45

What is evidence that the supplier is a conspiring party?

Back 45

Exists only for illegal means

Treats illegal activity differently (cheaper goods, kickbacks, etc.)

Seriousness of the crime is considered.

Front 46

What is the Actus Reus element of Conspiracy? (2)

Back 46

1) Meeting of the minds

2) Overt Act

Front 47

What is the difference between a unilateral and bilateral jurisdiction in Conspiracy?

Back 47

Unilateral: one person agrees to the conspiracy (police can be the other one)

Bilateral: Both need to agree to the crime (therefore, a lying participant might not meet criteria)

Front 48

What is Wharton's Rule?

Back 48

A conspiracy charge cannot be brought for a crime that requires two persons as an element of the crime (drug deal, adultery, dueling, etc.)

Front 49

When is Wharton's Rule thrown away?

Back 49

Does not apply if the offense is not completed.

Victim co-conspirators (statutory rape)

Front 50

Does the MPC recognize Wharton's Rule?

Back 50

No, it merges the Conspiracy offense with the substantive offense.

Front 51

What are the element of Accomplice Liability?

Back 51

1) Intent to Assist the Primary Party

2) Mens Rea is present to assist/partake

Front 52

Hypos: What is S culpable for?

1) S helps P rob V. P robs V.

2) S helps P rob V. P tries but fails to rob V.

3) S helps P rob V. P never tries to rob V.

Back 52

1) Robbery

2) Attempted Robbery

3) Conspiracy-- At most.

Front 53

What is the necessary Mens Rea in Accomplice Liability?

Back 53

Need to have the culpable mental state to be convicted. -- Mere presence is not enough. Simply speaking up can be enough, though.

Front 54

What is the Four Step Analysis for Accomplice Liability?

Back 54

1) Did Principal Actor commit the crime?

2) Did Secondary Actor culpably assist in the commission of the crime?

3) Did Principal Actor commit any other offense?

4) Were those crimes reasonably foreseeable consequences of the original crime?

Front 55

What does the MPC say about Mens Rea in Accomplice Liability?

Back 55

Need Mens Rea for the specific crime for which you are an Accomplice

Front 56

What is the Actus Reus requirement in Accomplice Liability?

Back 56

Need to show aid or encouragement to the Principal

Front 57

Hypo:

If a person takes action to assist, but the principal criminal does not even know about the action and the action does not aid the principal, is there Accomplice Liability under the MPC? Common law?

Back 57

MPC: Yes, there is Accomplice Liability because the Actus Reus and Mens Rea was present.

Common Law: Not enough because the Actus Reus did not aid or encourage.

Front 58

Can Accomplice Liability be derived from a nonexistent crime? (Fake drug conspiracy)

Back 58

No, there needs to be a Principal for there to be a Secondary offender.