Exam 3

Front 1

Arson (Common Law)

Back 1

malicious burning of the dwelling of another

Front 2

Reeves Case Details

Back 2

Charged w felony murder initially bc a firefighter died due to a fire that HE started. He brought a mattress inside an abandoned home, lit it on fire, and when the firefighters came to put it out, it collapsed on him.

The defense was if it satisfied common law arson, he would be charged w/ felony murder. Since it was not considered a dwelling bc it was not suitable to live in, he was charged with involuntary manslaughter or criminal homicide.

Front 3

Arson TPC

Back 3

-Start Fire

-Cause explosion

WITH intent to destroy/damage.

Any building, not limited to dwelling.

More punishment w/ religious burning or house burning.

Front 4

Arson Federal

Back 4

Lighting fire to building on federal land or federal building

Front 5

Destruction of Property Common Law

Back 5

-malicious mischief/ criminal mischief/ destruction of property

-Malicious mischief or willful injury of the destruction of personal or tangible property to another.

Front 6

Destruction of Property TPC

Back 6

Criminal mischief w/o effective consent of the owner, intentionally knowing

1). damage/ destroy property

2). tamper w/property + loss/inconvenience

3).make markings on property

Front 7

Destruction of Property Federal

Back 7

damages, destroys, tamper with federal building or federal land

Front 8

Burglary Common Law

Back 8

BREAKING and ENTERING the DWELLING of another in the NIGHT with the intent to commit a crime.

Front 9

Bruce Case Details

Back 9

was married but he and his wife lived seperately.

Front 10

Valencia Case Details

Back 10

A family went out of town, he took this opportunity to

Front 11

Burglary TPC

Back 11

without consent of owner, you enter non public premises with the intent to stay hidden and commit a felony, theft, or assault.

Front 12

Trespass Common Law

Back 12

Invasion of private property involving disturbing the peace

Front 13

Trespass TPC

Back 13

entering or removing on or in property of another without consent with knowledge that you are not supposed to be there or a notice that you are not supposed to be there.

Front 14

3 different types of notice

Back 14

oral

fence

purple paint

Front 15

Trespass Federal

Back 15

unlawfully enter or remain in federal land or federal place

Front 16

Larceny Common Law

Back 16

trespass or unlawful taking and carrying away of personal property of another w the intent to steal or permanently deprive the victim of property

Front 17

Olivo Case Details

Back 17

stuck wrenches in his coat and got caught before he left the store. affirmed.

Front 18

Gasparik Case Details

Back 18

took off his jacket, grabbed another jacket, took iff the tags, stuck them in his old jacket, and tried to leave with the jacket on. affirmed.

Front 19

Spatzier Case Details

Back 19

tried to steal a book, owner confronts him, he struck the owner, the book calls from case. affirmed.

Front 20

Embezzlement Common Law

Back 20

fraudulent conversions of property of another by one already in lawful possession

Front 21

False pretenses

Back 21

obtaining title property through material false representations knowing them to be false with the intent to defraud

Front 22

Receiving Stolen Property

Back 22

receiving stolen property knowing it to be stolen with the intent to deprive owner of property

Front 23

Robinson Case Details

Back 23

He "underrang," free bagged, and marked down prices. Total worth of $15,000 for underringing and free bagging. Total worth of $20,000 for markdown fraud. Legislature wanted to combine it all together and call it theft.

Front 24

Theft TPC

Back 24

unlawfully attempt to appropriate property w/intent to deprive owner of property.

-unlawfully-without owner consent

-appropriate- broaden property and what it is

-deprive- dispose of property

Front 25

Robbery Common Law

Back 25

Aggravated form of theft.

unlawful taking and carrying away of the personal property of another w/intent to steal or permanently deprive the owner of the property.

Property is taken from presence of victim and taking is accomplished by violence, form, intimidation, or threat of harm

Front 26

Lattimore Case Details

Back 26

Victim approached by robber.

1 has weapon. Robber pats down and gets wallet, goes thru it, victim says he has $400 if they want it.

On appeal, lattimore says there was not enough evidence of taking, carrying away, or intent to steal. Affirmed and charged for robbery.

Front 27

Robbery TPC

Back 27

a person commits and offense when committing larceny, they intentionally, knowingly, recklessly cause bodily injury, death, or threats, or place fear imminent bodily injury or death.

2nd degree felony

Front 28

Aggravated Robbery TPC

Back 28

knowingly, intentionally, or recklessly causing harm, fear, bodily harm, but to those 65+ or disabled.

Front 29

Robbery Federal

Back 29

happens on federal land, federal property, bank robbery, car jacking.

FDIC bank robbery is federal due to federal bank insurance. Car jacking is bc it is interstate commerce

Front 30

Forgery Common Law

Back 30

material false writing or alterations of a document with intent to defraud

Front 31

Uttering Common Law

Back 31

using something forged with the intent to deceive

Front 32

Forgery TPC

Back 32

to forge a writing w/intent to defraud

Front 33

Criminal Stimulation

Back 33

falsifying property like are, or baseball

Front 34

Disorderly Conduct Common Law

Back 34

intentionally, knowingly uses bad language or fighting words to incite breach of peace. Offensive gestures.

Front 35

Vagrancy Common Law

Back 35

wandering the streets without visible means of support

Front 36

Loitering Common Law

Back 36

standing in public without apparent purpose

Front 37

Problems w vagrancy/loitering

Back 37

vague and shouldn't be left up to law enforcement discretion. Needs to be clear

Front 38

Obstructing Highway

Back 38

not moving at reasonable request

Front 39

Adultery Common Law

Back 39

punished as an "ecclesiastical" & CL crime.

originally defined as sexual intercourse with anthers wife, but evolved into sexual intercourse by a married person with one who is not the persons spouse

Front 40

Fornication Common Law

Back 40

voluntary sexual intercourse between unmarried persons

Front 41

Prostitution

Back 41

-not a CL crime

-traditionally female offering body for hire

-now gender neutral and expanded to anyone who buys and offers

Front 42

Harwell Case Details

Back 42

approaches a cop car, cop asks if she needs a ride, she doesn't respond just gets in. She asks if hes a cop. He says no and asks if anything is going on. She agrees ...... read

Front 43

Prostitution TPC

Back 43

person knowingly engages or solicits person w/ sexual acts.

(prior convictions and younger people under 18= harsher punishment)

Front 44

Obsenity

Back 44

originally punished by ecclesiatical (church) and attempted to criminalize. rasied concerns under the 1st amendment priginally.

Commerical use may be harmful to minors, performance by child, possession of child pornography (sexting)

Front 45

Roth Case Details

Back 45

obscenity is not constitutionally protected speech

Front 46

Miller Case Details

Back 46

3 part def of obscenity.

(community standard: appeals to prurient intrest in sex. patently offensive representations of sexual conduct; no serious literary, artistic, politicial, or scientific value)

Front 47

Bigamy

Back 47

Started in church court, then made into a crime by royal court

Front 48

Bigamy TPC

Back 48

when you're legally married and you marry someone other than spouse acknowledge your spouse is married to someone else

Front 49

Incest

Back 49

church prosecuted, sexual relation between blood or marriage

Front 50

Incest TPC

Back 50

prohibited sexual conduct a person commits an offense if they have sex w/ another person that is blood, step, half blood, etc.

3rd degree felony.