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Crim Law Cards
Theftish Crimes, Prepatory crimes, Parties to Crime
33
Law
12/13/2011

Additional Law Flashcards

 


 

Cards

Term
Robbery
Definition

1.  Elements of Larceny:

  • Tresspartory taking and carrying away the personal proerty of another with intent to deprive the other of it permanently of for a substantial period of time.

2.  The Theft must occur by force or the threat of force.

3.  The Taking must be from the person or presence of the victim.

Term
Larceny from the Person (e.g. Purse Snatching)
Definition

Certain amount of force is required, but force alone is not enough for robbery, since it is analogous to the asportation required for larceny.  (Higher degree than larceny, not enough for robbery)


Term
Robbery (MPC)
Definition

In the course of committing a theft he:

  1. inflicts a serious bodily injury, or
  2. threatens another with or purposely puts him in fear of immediate serious bodily injury; or
  3. commits or threatens immediately to commit any felony of the first or second degree.

An act shall be deemed "in the course of committing a theft" if it occurs in an attempt to commit theft or in flight after the attempt or commission.

Term
Carjacking
Definition
  • Car theft involving the use or theat of violence, often combined with the intent to cause death or serious bodily injury.
  • Asportation of the vehicle not required.
  • The intent may be satisfied even if it is conditional - the thief would have caused death or serious bodily injury if the driver did not surrender the vehicle.
Term
Extortion (MPC)
Definition

Purposefully obstains property of another by threatning to:

  1. Inflict bodily injury on anyone or commit any other criminal offense; or
  2. acuse anyone of a criminal offence, or
  3. expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or
  4. take or withhold action as an official, or cause an official to take or withhold action; or
  5. bring about or conteinue a strike, boycott, or other collective unofficial action, if the property is not demanded or recieved for the benefit of the group in whose interst the acto purports to act; or
  6. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
  7. inflict any other harm which would not benefit the actor.

Main difference between Robbery and Extortion is the threat is not force against person, but against property or reputation. 

Term
Extortion (MPC) Exceptions
Definition
It is an affirmative defense to claim that the property obtained by threat of accusation, exposure, lawusit or other invocation of official action was honestly claimed as restitution or indemnification for harm done.  If the threat is "lawful," it is not a crime.
Term
Burglary (Common Law)
Definition
  1. Breaking
  2. Entering
  3. Dwelling 
  4. Of Another
  5. At Night
  6. Intent to commit a felony therein
Proof of actual commission of the crime once inside is unnecessary.
Term
Burglary (MPC)
Definition

 

Enters a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or priviledged to enter.  It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.

 

Differences:

  • No "breaking" requirement, only "Entry"
  • No "Dwelling" requirement
  • No "At Night" requirement
  • No longer specifically only "felonious" intent.

 

Term
Rationale for Prepatory  (Inchoate) Crimes
Definition

Allow police to intervene in the early stages of a crime, before the target crime is accomplished:

  1. Provide a measure of public protection.
  2. Deter people who have shown willingness to engage in criminal activity.
  3. Discourage the danger of group criminality.

 

Term
Attempt
Definition
  1. Intent to commit the crime allegedly attempted
  2. Sufficient acts in furtherance of that intent.
Term
Mens Rea of Attempt
Definition
  1. Intent to commit the target offense
  2. Intent to engage in the conduct consituting the attempt
  3. The mens rea required for the target crime.
  • Specific Intent Crime: Can only be guilty of attempting specific target crime, not for criminality at large.
  • It is impossible to attempt a crime defined by recklessness.
Term
Actus Reus of Attempt
Definition
Requires the act be of sufficient importance that it goes beyond what has historically been called mere preperation into the realm called perpetration.  An attempt has occured only when the actor has crossed this invisible line.
Term
Rationale for Actus Reus of Attempt
Definition
  1. Prevent conviction for "though crimes"
  2. Minimize likelihood of mistaken conviction by inferring mens rea when it is not there.
  3. Avoid convicting a person who has concieved criminal design but decides against moving forward.
Term
Tests for Actus Reus of Attempt
Definition

 Tests:

  1. "Dangerous Proximity" - Has the act come close to completion of the object crime? (Focus on how much is left to accomplish)
  2. "Substantial Step" - Has the defendant dones something "strongly corroborative" of an intent to commit the crime. (Focus on what actor has already done)
  3. "Physical Proximity" - Overt act must be proximate in a physical sense to the completed crime.
  4. "Res Ipsa" - The actor's conduct, taken as a whole, manifests an intent to commit a crime.
  5. "Overt Act" - Any positive act in furtherance of the attempt is sufficient (minimal requirement)

 

Term
Factual Impossiblity
Definition
  • Defendant is mistaken about the facts surrounding the crime such that it cannot be accomplished.
  • Usually not a defense to attempt
  • (Example: Pickpocket who picks an empty pocket.  Thought something was there but it wasn't.  Guilty of attempt)
Term
"True" Legal Impossiblity
Definition
  • There is no crime even if the object of the crime had been fully accomplished.  The legislature has not ciminalized the defendan't conduct or the results saught, although the actor believed that it was.
  • (E.G. Smuggle a drug across the border though importation is not illegal)
Term
Hybrid Legal Impossiblity
Definition
  • Defendant has an illegal goal, but could not accomplish the crime because of a mistake about the legal status of a relevant fact.
  • (E.G. Picking the pocket of a stone image of a human, Offering to bribe a "juror" who was not actually a juror.)
Term
Inherent Impossiblity
Definition
  • Person may take steps to commit a serious crime but use means that make the crime inherently impossible.
  • (E.G. The use of a voodoo doll.)
Term
Impossibility in the MPC
Definition
ELIMINATED
Term
Renunciation/Abandoment
Definition

To qualify, the defendant must:

  1. Voluntarily abandon the scheme.  Decision must originate with the defendant.
  2. Make a complete abandonment (lose the idea of commiting the crime)
  3. Prevent Commission of the target crime.
Term
Solicitation
Definition

The crime of asking another to join in a cource of criminal conduct, with the intent that the other person commit the target crime or participate in its commission.

Elements:

  • Actus Reus - Effort by thte solicitor to engage others in criminal activity (Solicit/Request/Command/Suggest)
  • Mens Rea - Solicitor must act "with purpose of promoting or facilitating" the commission of a crime OR have the intent that another person engage in conduct constituting a crim3.
Solicitation need not be successful, nor communicated.
Involvment of the person being solicited is irrelevant.
Merges into object offense
Term
Attempt (MPC)
Definition

Acting with the kind of culpability otherwise required for commission of the crime, he;

  • Purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or
  • when causing a particular result is an element of hte crime, does or omtis to do anything with teh purpose of causing or with the belief that it will cause such result without furhter conduct on his part, or
  • Purposely does or omits to do anything taht, under the circumstances as he believes them to be, ais an act or omission constitutin a substantial step in a cource of conduct planned to culminate in his commission of the crime.
Term
Conspiracy
Definition

Elements:

  • Plurality
  • Agreement
  • Intent to Agree
  • Intent to Promote Object of Conspiracy
  • Overt Act
Term
Conspiracy: The Plurality Requirement
Definition
  • Bilateral Approach: There must be at least two individuals actually entered into a conspiracy.
  • MPC Unilateral Approach:  Conspiracy defined in terms of a person who "Agrees" with another person to commit a crime.  (Allows conspiracy with undercover cop)
Term
Conspiracy: The Agreement
Definition
  • Need not be explicit, seen more as an understanding than a formal contract.
Term
Structure of Conspiracies
Definition
  1. Chain Link - People in a line and deal directly with people in front and back of them.
  2. Spoke Wheel - One person (Hub) deal with other conspirator but they don't deal with each other.
Term
Wharton's Rule
Definition
 No conspiracy between parties if the crime requires multpile participants (Gambling, Dueling). When the minimum required number is surpassed, conspiracy becomes available.
Term
Facilitation: Merchants and Conspiracies
Definition
  • Knowledge or even tacit approval of a criminal plan is not sufficient by itself to prove and intent to enter into an agreement.
  • Merchant or supplier must have a "stake in the venture."
  • Knowledge that a legal service is used in an illegal manner is not sufficient. 
Term
Pinkerton Rule
Definition

Every conspirator is guilty of all "reasonably foreseeable" crimes committed by all other conspirators during and in furtherance of the conspiracy.

Elements:

Crime must be committed - 

  • By conspirator
  • During a conspiracy
  • In furtherance of the conspiracy
  • Foreseeable
Term
Common Law Accomplices
Definition
  1. Principal in the First degree: Actually committed the offenses.
  2. Principal in the Second degree: Aided and abetted and were present at the scene.
  3. Accessory before the Fact: "Brains behind the crime."  Need not be present at the crime.
  4. Accessory after the Fact: Provide aid after the offense for the purpose of helping offender avoid apprehension.
Term
Mens Rea of Accomplice Liability
Definition
  1. Intent to assist the principal offender,
  2. Intent that the principal offender commit the crime.
Term
Accomplice Liability (MPC)
Definition
  • A party is liable for a completed crime of another if the party "solicits" or "aids" or "agrees or attempts to aid" the other person, while acting with teh "purpose of promoting or facilitating the commission" of the offense.
  • Combines the traditional first and second degree and makes them responsible for the crime committed byt eht person who was solicited or aided.
  • No need to actually succeed in helping other person.
Term
Post-Crime Liability
Definition
  • "Accesory after the fact"/"Hindering" - Obstruction of justice.  Offender must know person committed the crime.
  • "Mama Exception" - Close relative not liable for harboring offender.
  • "Misprision of Felony" - Failure to report a crime or hiding evidence.
  • "Compounding" - Taking money for not reporting a crime.