Crime 1
Define Common Law Burglary
Bonus: Modern MPC law burglary
Common Law Burglary is the breaking and entering into the dwelling of another at night with the intent to commit a felony or larceny therein. (breaking out once you get locked in does not apply)
MPC burglary: breaking and entering into the property of another with the intent to commit a felony or larceny therein.
List the MPC Mental States (mens rea)
Purposefully,
Knowingly
Recklessly
Negligently
What is kidnapping?
Unlawful confinement or restraint that involves moving or hiding the victim.
What is forgery?
Making a false legal document or altering an existing legal document with the intent to defraud.
*writing must have legal significance.
What is uttering?
Offering as genuine, a false instrument with the intent to defraud.
What is larceny, and what is larceny by trick?
Larceny is the trespassory taking and carrying away of personal property of another with the intent to permanently deprive them thereof.
Larceny by trick is when the defendant intentionally makes a false representation of material past or existing fact to obtain custody of personal property of another.
What is the difference between a regular defense and an affirmative defense?
Regular: defeats an element of the crime, raised by the defendant, and defeated by prosecution beyond a reasonable doubt.
Affirmative: provides defendant with an excuse to avoid liability, must be raised and proved by defendant by a preponderance of the evidence.
What is common law arson? What is MPC arson?
Common Law Arson is - the malicious burning of the dwelling of another
MPC Arson - Can be a building that is not a dwelling, and can also be a person’s own building.
Explain the Common Law Conspiracy
An agreement between two or more people to commit a crime with the specific intent to commit the crime.
What are the two elements of entrapment?
1) the criminal design originated with the police and
2) defendant was not predisposed to commit the crime.
Define Embezzlement.
The fraudulent conversion or misappropriation of property of another by one who is already in lawful possession of that property.
Define accomplice liability.
Explain the MPC theory of conspiracy
Unilateral theory of conspiracy is when only one person must have the specific intent to commit the crime and requires an overt act to be performed by a party to the conspiracy
just being present at the scene
just knowing the principal plans to commit the crime (includes selling ordinary goods at ordinary prices)
member of the class of persons whom the statute is designed to protect
What is the irresistible impulse test?
Mental illness prevented defendant from:
False Pretenses is the...
intentionally making a false representation of material past or existing fact to obtain TITLE of personal property of another.
What is the ALI Model Penal Code Insanity Test?
Mental illness prevented defendant from:
Explain the Merger Doctrine.
If defendant is convicted of a crime (the greater offense), he may not be charged with another crime which includes every element of the greater offense (this is called the lesser offense) stemming from the same conduct. i.e. burglary and larceny do not merge.
Receipt of Stolen Property or Possession of Stolen Property elements
Receiving possession of personal property which the defendant knows was obtained in a criminal manner with the intent to permanently deprive the owner of it.
Mental illness prevented defendant from:
Name the Specific Intent Crimes, the mens rea required and any defenses available.
Assault, Larceny, Larceny by Trick, False Pretenses, Embezzlement, Robbery, Burglary, First degree murder, conspiracy, attempt and solicitation, receipt of stolen property, forgery, uttering.
Mens Rea: D intentionally or knowingly commits the crime.
Defenses: mistake of fact (reasonable or unreasonable), involuntary intoxication, voluntary intoxication
Name the Malice Crimes, the mens rea required and the defenses available.
Arson, 2nd degree murder (intent to cause serious bodily harm)
Mens Rea: defendant consciously disregarded an obvious risk.
Defenses: reasonable mistake of fact, involuntary intoxication
Name the General Intent Crimes, the mes rea required, and any defenses available.
Battery, Rpe, Kidnapping, False Imprisonment
Mens Rea: conscious desire to do the act.
Defenses: Reasonable mistake of fact, involuntary intoxication
Name the Strict Liability Crimes, their mens rea and any defenses available.
Statutory Rpe, statutory public safety offenses (speeding), statutory public morals offenses (corrupting minor)
No mens rea; engaging in act is sufficient.
No defenses (but involuntary intoxication is treated as an affirmative defense in these case)
Name the affirmative defenses to crimes
Insanity, Defense of Others, Self-Defense, Defense of Property, Imperfect Self Defense, Duress (except intentional killing), Necessity, Entrapment, Statute of Limitations