Elements
Larceny
The trespassory taking and carrying away of the property of another with intent to steal
guilty act
Purposeful
when someone acts with conscious object to engage in the conduct to cause such a result and is aware of the existence of those circumstances or believes/hopes they exist
Punishment
deterring offenders from recidivism themselves
Elements of Accomplice Liability
If A intends to help B commit a crime, and A actually helps, and B actually commits the crime, then A is just as guilty as B
False Pretenses
false representation of a past or present material fact which causes the victim to pass ownership of the property to the defendant with knowledge that the statement is false and with intent to defraud the victim
Mens Rea
guilty mind
Knowingly
an actor is aware that their conduct is of that nature or that such circumstances exist and he is aware that it is practically certain to cause such a result
Restraint
isolating defendants from society
Negligence Mens Rea Requirement
the risk must be of such nature and degree that the actor's failure to perceive it involves a gross deviation from a reasonable person's standard of case
Embezzlement
fraudulent conversion of the property of another by one who has been entrusted with that property
Negation defense
no burden on the defendant to present affirmative evidence, just cross examine and object
Reckless
when someone consciously disregards a substantial and unjustifiable risk that the material element exists or will result
Rehabilitation
treatment for offenders to decrease desire to reoffend
Recklessness Mens Rea Requirement
the risk must be considered of such a nature and degree that it's disregard involves a gross deviation from what a law abiding person would do
Burglary
breaking and entering the dwelling house of another at night with the intent to commit a felony therein
Affirmative defense
defendant's proof they are not guilty of the crime - self defense, insanity etc.
Negligence
an actor should be awre of a substantial and unjustifiable risk that the material element exists or will result
Deterrence
deterring others from commiting the same acts
Theories of Punishment - Retribution
revenge for the crime
Robbery
larceny PLUS the property was taken from the person or immediate presence of the owner and was accomplished through force or fear
Strict Liability
exception to mens rea (ex. selling alcohol to minors)
Model Penal Code Mens Rea
purposefully, knowingly, recklessly, negligently
teaching the public good v. bad conduct
Levels of Burden of Proof
Beyond a reasonable doubt, clear and convincing evidence, preponderance of the evidence, probable cause, reasonable suspicion, scintilla of evidence, no evidence