Legal Analysis - Criminal Law

Front 1

Criminal Law:

a. The trespassory taking, caring away, of the tangible personal property of another with the intent to permanently deprive.

Back 1

Larceny

Front 2

Criminal Law:

without consent or gaining consent by fraud.

Back 2

larceny: trespassory

Front 3

Criminal Law:

Continuing Trespass, (person who wrongfully takes property without the intent to permanently deprive, but if she later decides to keep it then it is still larceny). General rule is that they need intent at the time of the taking.

Back 3

Larceny: Intent to Permanetly Deprive

Front 4

Criminal Law:

have to take something that is in the possession of another. IF you have custody over something then it is embezzlement.

Back 4

Larceny: Possession v. Custody

Front 5

Criminal Law:

a. Fraudulent conversion of personal property of another by a person in lawful possession.
i. Fraud
ii. Conversion
iii. Personal Property
iv. Of Another
v. Lawful Possession

Back 5

Embezzlement

Front 6

Criminal law:

a. Obtaining title to the personal property of another by an intentional false statement of past or existing fact with the intent to defraud another.
i. Obtaining title
ii. To the personal property of another
iii. By an intentional false statement of past or existing fact
iv. With the intent to defraud another.

Back 6

False Pretenses

Front 7

Criminal Law:

a. A taking of the personal property of another from the others person or presence by force or threats of immediate death or physical injury to the victim, a member of the victims family or some person in the victims presence with the intent to permanently deprive.

Back 7

Robbery

Front 8

Criminal Law:

a. The breaking an entry of dwelling of another at night time with intent to commit a felony therein.
i. California is any structure and any time.

Back 8

Burglary

Front 9

Criminal Law:

a. New Rule: Obtaining property by means of a threat to do harm to expose information.
b. Old: The corrupt collection of an unlawful fee by an officer under the color of office.

Back 9

Extortion

Front 10

Criminal Law:

a. The unlawful application of force to the person of another resulting in either bodily injury or offensive touching.
i. The unlawful application of force
ii. To the person of another
iii. Resulting in either bodily injury or offensive touching
b. Aggravated Battery: battery plus a deadly weapon with serious bodily harm, or battery of a child; woman; or police officer.
c. Do not need intent or direct harm.

Back 10

Battery

Front 11

Criminal Law:

a. Either (1) an attempt to commit a battery or
b. (2) the intentional creation other then by words
i. of a reasonable apprehension
ii. in the mind of the victim
iii. of imminent bodily harm
c. Aggravated assault adds deadly weapon or with the intent to rape.

Back 11

Assault

Front 12

Criminal law:

a. The dismemberment or disablement of a body part.

Back 12

Mayhem

Front 13

Criminal Law:

Murder is the unlawful killing of a human being with malice aforethought

Back 13

Homicide

Front 14

Criminal Law:

1. is either the intent to kill, 2. intent to inflict great bodily injury, 3. reckless disregard to great risk to human life, 4. intent to commit a felony.

Back 14

Homicide: Malice

Front 15

Criminal Law:

1. If any of the first three then ask if there was adequate provocation
2. Adequate Provocation 4 elements (if all 4 exist then we have voluntary manslaughter, if maybe not its murder)
a. Must arouse a sudden and intense passion in the mind of the ordinary person, Causing loss of self control
b. Defendant was in fact provoked
c. Defendant did not have sufficient time to cool off.
d. The defendant did not in fact cool off.

Back 15

Homicide: Malice

Front 16

Criminal Law:

3. If no adequate provocation go to degree and then defenses
4. If no Malice, LOOK for Criminal Negligence (involuntary manslaughter)

Back 16

Homicide: Malice

Front 17

Criminal Law:

a. Rule: liable for murder that is committed during the course of inherently dangerous felony (must prove felony and that it is an inherently dangerous felony).
b. If intent to commit felony, then define malice and apply felony murder rule.
c. (1) prove the felony
d. (2) Inherently dangerous felony (burglary, Arson, Robbery, Rape, Kidnapping.
e. If no intent then look for the misdemeanor manslaughter involuntary.

Back 17

Felony Murder Rule

Front 18

Criminal Law:

a. First Degree murder is murder that has been, 1. Premeditated and deliberated, 2. Murder committed during the course of an inherently dangerous felony, 3. Use statute, or 4. Special circumstances (torture, ambush, and embalming).
b. Second Degree murder is all other kinds of murder.

Back 18

Homicide: Degree

Front 19

Criminal Law:

1. Justification: defense pf self or others.
2. Excuse: if your liability is excused by insanity or intoxication.

Back 19

Homicide: Defenses

Front 20

Criminal Law:

a. In sighting
b. Counseling
c. Advising
d. Urging
e. Or commanding
f. With the intent that the person solicited actually commit the crime.

Back 20

Solicitation

Front 21

Criminal Law:

a. Rule: An agreement between two or more persons to commit a crime.
b. Two people in actual agreement.

Back 21

Conspiracy

Front 22

Criminal Law:

i. Requires an agreement between two or more persons
ii. intent to enter into the agreement
iii. An intent by at least two of those persons to achieve the objective of the agreement.
iv. And an overt act

Back 22

Conspiracy Elements

Front 23

Criminal Law:

d. When Does the conspiracy Terminate: upon completion of the wrongful objective.
e. Conspiracy does not merge.

Back 23

Conspiracy

Front 24

Criminal law:

a. An act done with the intent to commit a crime that falls short of completing the crime.
b. Overt Act for attempt is the dangerously close to completion of the crime. Model Penal Code requires a substantial step. It has gone beyond mere preparation.

Back 24

Attempt

Front 25

Criminal Law:

a. The principle in the first degree is the one who engaged in the crime, the principal in the second is the one who aided, encourages and is present.
b. Accessory before the fact, assisted or encouraged but was not present.
c. Accessory after the fact, knowledge that they committed the crime and assisted from escape or arrest.

Back 25

Accomplice Liability

Front 26

Criminal Law:

i. A person is an Accomplice if they Assist or encourages
ii. Another person who commits a crime
iii. With the intent to facility or pomote the commission of the crime.

Back 26

Rule Accomplice Liability

Front 27

Criminal Law:

you may withdraw before the crime is committed, if you are able to withdraw before the crime because unstoppable it is effective. Amount of withdrawal is in proportion to participation.

Back 27

Accmplice Liability Withdraw

Front 28

Criminal Law:

i. Non deadly force: force that is reasonably necessary to protect yourself and no duty to retreat

Back 28

Defenses: Defense of Self

Front 29

Criminal Law:

ii. Deadly Force: have to be without 1. fault, 2. have to be confrtoned with unlawful force, 3. and threatened with imminent death or great bodily harm.
1. no duty to retreat, but the minority view says that you must retreat before using deadly force if you can safely do so, unless attack is in your home, when making an lawful arrest or person is in process of robbing you.

Back 29

Defenses: Defense of Self

Front 30

Criminal Law:

i. A defendant has a right to defend others where she reasonably believes that the person has the right to use legal force to defend themselves. Need a reasonable appearance of the right to use force.

Back 30

Defenses: Defense of Others