Mbe Criminal Law #2

Front 1

"Modern statutes" have consolidated the following crimes: larceny, embezzlement, false pretenses, receipt of stolen property, into what crime?

Back 1

THEFT

Front 2

C/L elements of LARCENY:

Back 2

the WRONGFUL (or deceptive),
exercise of CONTROL & ASPORTATION
of the personal property from another,
with intent to PERMINENTLY deprive

Front 3

∆ is not guilty of LARCENY where despite asportation, ∆ did not exercise ___ over the property of another.

Back 3

control

Front 4

things to remember for LARCENY:

i) ASPORTATION = only __ movement of the property.

ii) TAKING = exercise of some __ adverse to the owner.

iii) BUT to complete the taking ∆, need __ __ the property from the premises.

Back 4

some; control; not remove

Front 5

things to remember for LARCENY:

-∆ need only take property from someone with a greater __ to possession than ∆.

Back 5

right

ex: wrongly taking your car from a mechanic who had a mechanic's lien on it.

Front 6

taking w/ the intent to return the property [is] or [is not] LARCENY?

Back 6

taking w/ intent to return is NOT larceny.

*intent is determined at the time of taking, NOT what actually happened to the property later.

Front 7

"Continuing Trespass" exception to Larceny?

Where gets "permission" to use the property of another intending to return it, but later decides to keep it, ∆ is NOT guilty of larceny.

Back 7

∆ must have intended to permanently deprive the owner AT THE TIME of the taking.

Front 8

Hypo: Neighbor goes into P's garage while he is away and w/out P's permission, takes a ladder intending to return it before P returned home. But neighbor changes his mind and decides to keep the ladder so he puts it in his basement. Is neighbor guilty of larceny or does the continuing trespass exception apply?

Back 8

Guilty of Larceny.

-even though ∆ at the time of the taking did not intend to perminantly deprive, ∆ took the property wrongfully and during that wrongful possession formed the intent to permanently deprive.

Front 9

forming the intent to permanently deprive after the taking and during possession is sufficient only if:
-the original taking was WRONGFUL (w/out consent or by deception)

Back 9

forming the intent to permanently deprive after the taking and during possession is sufficient only if:
-the original taking was WRONGFUL (w/out consent or by deception)

Front 10

Is intent to return or replace the converted property a defense to embezzlement?

Back 10

NO.

-intent to return or replace the converted property does NOT show a lack of the intent to "defraud."

Front 11

elements of EMBEZZLEMENT:

i) __ of property under a TRUST agreement;
ii) __ of that property (use contrary to the terms of the trust agrmt);
iii) with intent to __.

Back 11

possession; conversion; defraud

Front 12

Larceny vs. Embezzlement

i) one who has "possession" of the property of another can commit embezzlement but NOT larceny of that property.

ii) one who has only "custody" of the property of another does NOT have possession and can commit larceny of that property.

iii) "possession requires extensive and discretionary control.

Back 12

usually, an employee has only CUSTODY of employer's property and thus commits larceny by taking and asporting.

Front 13

FALSE PRETENSES

i) obtaining __ to property from another;
ii) by means of a __ of a present or past fact; and
iii) with intent to defraud.

Back 13

title; misrepresentation

Front 14

False Pretenses requires a misrepresentation of PAST or PRESENT fact.

Unkept promises; or misrepresentation of __ fact is NOT sufficient.

Back 14

future

Front 15

Where a statute requires “WILLFUL” conduct, it means that ∆ must have acted __ that his conduct would necessarily cause the result.

Back 15

knowing

Front 16

C/Law Felony Murder:

•malice is __ from the intent to commit the underlying felony, thus even an accidental killing committed during the course of the felony is murder.

Back 16

implied

Front 17

Majority of jurisdiction limit felony murder to __ __ felonies.

Back 17

inherently dangerous

Front 18

a person in custody must, __ to interrogation (except for standard booking questions) be clearly informed of his Miranda warnings

Back 18

prior (or before)

Front 19

the 5th Amend only protects testimonial or communicative evidence, NOT real or __ evidence

Back 19

physical

Front 20

True or False?

•a state may compel a ∆ to give a handwriting exemplar w/out violating the 5th Amend, even if the evidence is incriminating.

Back 20

True

Front 21

the 5th Amend protects against being compelled to communicate information, NOT against disclosure of communications made in the __.

Back 21

past

Front 22

the super right to counsel attaches __ ∆ has been charged/indicted

Back 22

after

Front 23

MPC Insanity Test:

a ∆ is entitled to acquittal if he suffered from a mental disease or defect and as a result lacked substantial capacity to either:
(i) __ the criminality of his conduct; or
(ii) __ his conduct to the requirements of law.

Back 23

appreciate; conform

Front 24

What crime is this?

-taking of another’s personal property from the other’s person by force or intimidation with the intent to permanently deprive him of his property.

Back 24

Robbery

Front 25

which insanity test is this?


∆ is entitled to acquittal if, because of mental illness, the ∆ was unable to:
• (i) control his actions; or
• (ii) conform his conduct to the law.

Back 25

Irresistible impulse test

Front 26

Which crime is this?

-recklessly causing the death of another (or death of another caused by criminal negligence)

Back 26

INVOLUNTARY Manslaughter

Front 27

Which crime is this?

-killing during the heat of passion right after a sufficient provocation

Back 27

VOLUNTARY Manslaughter

Front 28

VIOLATION of the knock and announce requirements [does] or [does not] result in suppression evidence?

Back 28

does not

Front 29

For ARSON there must be some burning or even mere charring of the __.

Back 29

structure

Front 30

True or False?

a person can be guilty of larceny even though he did not personally engage in the behavior if he acts through an innocent agent.

Back 30

true

Front 31

a Search Warrant does not authorize police to search persons found on the premises who are not __ in the warrant.

Back 31

named

Front 32

a private person has the right to use deadly force to effectuate an arrest when the felon appears to pose a threat to the person or to others and deadly force is necessary to prevent his escape,
so long as:

Back 32

the felon was actually guilty of the felony

Front 33

to be convicted as an Accomplice, a person must have acted with the intent to aid or __ the principle in the commission of the crime.

Back 33

encourage

Front 34

which warrant exception comes into play when the police have probable cause to believe the vehicle contains evidence of a crime?

Back 34

Automobile exception

Front 35

as to Attempted crimes, the general rule is that __ is NOT a defense where the ∆ goes beyond mere preparation for the offense.

Back 35

abandonment

Front 36

What theory is this?

-if a ∆ wrongfully takes the personal property of another w/out the intent to permanently deprive the owner, but later, while still in control of the property, decides to keep it, he is guilty of larceny.

Back 36

Continuing Trespass Theory

Front 37

a Confession obtained in violation of Miranda, but otherwise __, can be used for the limited purpose of impeaching a ∆ who testifies at trial

Back 37

voluntary

Front 38

both involuntary and voluntary confessions are __ in the state’s case-in-chief.

Back 38

inadmissible

Front 39

__ merges with conspiracy, attempt and completed crime.

Back 39

solicitation

Front 40

Conspiracy does NOT merge with __ or __ crime

Back 40

attempt; completed

Front 41

Attempt merges with __ crime

Back 41

completed

Front 42

one can be convicted of conspiracy & __ or conspiracy & __ crime.

Back 42

attempt; completed

Front 43

Attempt does NOT merge with __.

Back 43

conspiracy

Front 44

voluntary intoxication [is] or [is not] a defense to specific intent crimes.

Back 44

is