Property Crimes
Grand vs petty larceny (Maryland)
Based on value of property stolen. Grand is anything above 1,500, petty below.
P.S. stolen property can be aggregated.
When does life stop, COMMON LAW.
Cessation of breathing.
Accessory before the fact defined.
Automatism
Affirmative defense, unconscious no actus reus. Prosecution must disprove this after defense raises it.
Actus reus vs mens rea.
Define common law larceny.
taking, carrying away, of personal property, of another, with intent to steal to perm. deprive. (specific intent)
Involuntary manslaughter.
No malice, no intent. Killing of another during commission of a crime that doesn't amount to a felony.
Principal 1st, principal 2nd, and accessory after the fact.
1st = the actor that actually did the crime.
2nd = an actor that helped during the commission of the crime.
Accessory after the fact, aids in the escape of the criminals.
Castle doctrine/ Duty to retreat.
Castle doctrine, no duty to retreat when one is at home, or safest place to be.
MD is duty to retreat if they are aware available
Proximate cause, actual cause.
Actual = but for test.
Proximate = foreseeable
Embezzlement define.
Fraudulent (intent to deprive); conversion of property of another and by one who is already in lawful possession.
Corpus delecti, how is it proven?
One person was killed, another person killed them.
Solicitation
a person invites, commands, encourages another to do something that constitutes a crime.
Imperfect self-defense
use of force, by one who makes an honest but unreasonable mistake that force is necessary to repel an attack.
Results in involuntary manslaughter charge.
Actual vs constructive possession.
Actual, actual physically possessing the item.
Constructive, having dominion over.
False pretenses define.
Difference between voluntary manslaughter and 2nd degree murder?
Voluntary has adequate provocation, where 2nd degree does not.
Conspiracy
An agreement between two or more persons to accomplish by some action criminal or unlawful purpose, overt act (MD does not need).
Duress, all its elements.
Coercion (threat)
Imminent
Impending at time of the act.
To induce a well-grounded apprehension of death/ serious injury if act not done.
Omission to act, 4 scenarios, and the case that involved one. (rough estimate of name works).
Status relationship
Statute duty
Contract duty
Assumed care of another
State v. Miranda (deadbeat parents)
Natural and Probable Consequence doctrine
Co-felons are guilty are murder when its foreseeable that the murder could happen, as long as they are still in felony.
How do you establish whether felony is still in progress, what does that mean for a co-felon that aids if it is or not?
Whether the felon has reached a place of safety, and if they do, then the co-felon is an accessory after the fact, and not principal in the 2nd.
Self defense, all its elements.
Force has been threatened against killer.
Person so threatened was not the aggressor.
Danger to threaten person's life was imminent;
force being threatened was unlawful.
Person being threatened must actually and reasonably believe that danger to life exists, and that the use of deadly force was reasonable.
Culpability four sections. Difference between criminal and civil negligence.
Criminal negligence, is gross deviation from standard, where civil is unreasonable risk from deviation.