Crim

Front 1

US v. Diaz
Pinkerton

Back 1

The court interpreted Pinkerton to mean that each conspirator may be liable for acts of every other conspirator done in furtherance of the conspiracy

Front 2

Exception to the Pinkerton Doctrine

Back 2

A conspirator may be found guilty of a substantive crime unless that crime could not be reasonably foreseen as a necessary or natural consequence of the unlawful agreement

Front 3

MPC and Pinkerton

Back 3

rejects pinkerton, however in federal law the rule is very much alive. The tow elements of a conspiracy are: 1) an intent to agree to the conspiracy and 2) the intent to promote the unlawful object of the conspiracy

Front 4

Acts in furtherance of the conspiracy (3 ways to make people vicariously liable for crimes committed in a conspiracy)

Back 4

1) Pinkerton rule
2) Complicity
3) felony murder

Front 5

Statute of limitations on conspiracy

Back 5

runs from the time of the last act of the conspiracy

Front 6

Bilateral Conspiracy

Back 6

there is no agreement and no conspiracy where of of the two parties never intends to carry out the unlawful purpose

Front 7

MPC Conspiracy

Back 7

a person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission

Front 8

Chain and link conspiracy

Back 8

a conspiracy in which there are a series of overlapping transactions which are contrued to involve only one overall agreement..the different transactions are considered the links in the overall agreement which is considered the chain the chain..the different transactions will be considered links in a chain if each link knows that the other links are involved in the conspiracy and each link has vested interest in the success of the overall series of transactions

Front 9

Wheel and Spoke conspiracy

Back 9

is where one person or entity the hub, has different conspiratorial agreements with different people who have nothing to do with each other. In this case, the one common person is the wheel and each coconspirator is the spoke

Front 10

Elements of common law larcency

Back 10

1) a trespassory taking and carrying away of property
2) from the possession of another
3) with the intent to permanently deprive the owner of that property
* the moment possession passed to the thief was crucial in determining the thief's criminal liability

Front 11

Dobson Larceny at common law

Back 11

the taking and carrying away of personal property with the intent to deprive the owner

Front 12

Dobson Larceny by trick

Back 12

the possession of property but not title, has been obtained by falsehood

Front 13

Embezzlement

Back 13

the misappropriation of another's property that is already in possession of the embezzler

Front 14

forms of theft

Back 14

larceny, embezzlement, and false pretenses or fraud

Front 15

common law robbery

Back 15

larceny plus an assault

Front 16

MPC Robbery

Back 16

A person is guilty of robbery if, in the course of committing a theft, he:
1) inflicts serious bodily injury upon another
2) threatens another with or purposefully puts him in fear of immediate serious bodily injury
3) commits or threatens immediately to commit any felony of the first or second degree

Front 17

Grading of Robbery

Back 17

robbery is a felony of the second degree, except that it is a felony of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inficts or attemtps to inflict serious bodily injury

Front 18

Burglary
State v. Covin

Back 18

Intent to violate the no-entry of an order for protection does not satisfy the burglary element of intent to commit an independant crime

Front 19

Dobson Burglary

Back 19

burglary is the intent to enter the house and the separate intent to commit some other crime

Front 20

MPC Burglary

Back 20

a person is guilty of burglary if he enters a building or occupied structure or separately secured or occupied portion thereof, with purpose to commit a crime therin, unless the premises are at the time open to the public or the actor is licenses or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned

Front 21

Multiple convictions

Back 21

a personn may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglaries entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree