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What are the key differences between civil and criminal law?
Government brings the case
Proof beyond reasonable doubt
Unanimous juries
Access to free representation
What are the elements of larceny by trick?
wrongful taking &
carrying away
of the personal property of another
with intent to permanently deprive the owner/possessor of the property
What are the components of actus reus?
Voluntary act
Causes
The social harm
What are the elements of Larceny?
Wrongful taking &
Carrying away (asportation)
of the personal property of another
with intent to permanently deprive the owner/possessor of the property
What is the "But for" causation?
Determines whether the defendant’s voluntary act or mission is one of those causal factors
What is Entry by instrumentality?
When an instrument other than a part of defendants body enter for purpose of committing target crime
List the elements for False Pretenses
False statement of fact that
causes victim
to pass title to defendant
defendant must know statement was false
and defendant must have intended to defraud victim
What is the voluntary act requirement?
Notion that individuals should not be convicted solely based on their thoughts
Must also result in social harm
Defendants act must be voluntary
Can be no criminal liability for an omission unless person has failed to act had legal duty to act
“Status crimes” = unconstitutional → people should only be criminally punished for their conduct
What are the elements of Larceny by continuing trespass?
Wrongful taking
Carrying away
Personal property of another but with no intent at the time of first steps
Deciding to keep the property once you realize that it’s not yours
What does it mean to be the legal cause?
Whether the defendant was the proximate cause for the social harm
Methods of statutory interpretation (recall the discussion of Yermian)
Constructive knowledge: if should have know the material fact, that maybe enough to satisfy the knowledge requirement
What is premeditation?
Reflected upon and thought about the killing in advance
Focus in on time, but no exact length of time of premeditation
“Wink of an eye” doctrine - enough time to premediate that you will decide to commit murder
What are the elements of Embezzlement?
Intentional conversion
Property of another
by someone who is already in lawful possession of it (or by someone who has been entrusted)
What are the common law rules of Burglary?
Breaking
Entering
Of the dwelling of another
At night
With intent to commit a felony therein
What are the two main categories of unlawful killing and define them
Murder: the unlawful killing of a human being by another human being with malice aforethought
Intent to kill
Intent to commit serious bodily injury (some jurisdictions)
Manslaughter: the unlawful killing of a human being by another human being without malice aforethought
Purposes of punishment / proportionality
Retribution: Justice, “eye for an eye”
Incapacitation: protect the rest of the society form a person
Deterrence: Idea that people will be likely to commit crimes because they don’t want to
face the punishment
Rehabilitation: resolving the underlying issue that drove the crime
What is Deliberation?
Thought about killing with a cool head
Focus is on quality of though, not length of time
Mind that is free from passion
What is the difference between first degree and second degree murder?
First degree= The murder involved premediation and deliberation
Second degree= no premeditation
What are the modern changes of burglary?
Breaking (only required in half the states)
Entering
Of the building/structure of another
Not required that it be at night
With intent to commit a felony (or theft) therein (varies by state)
What constitutes as death?
Brain death
Burglary: How much does an item(s) have to cost be constitute petty theft/shoplifting versus a felony?
$950
What are the general requirements of mens rea?
General requirements of different mental states in common law (purpose/intent, knowledge, recklessness, negligence)
What is specific intent?
Will always say somewhere in the elements with the intent to
An honest mistake that negates the specific intent required = complete defense
Honest but not reasonable
Must undermine mens rea
What is general intent?
Still have to intent to do something
A mistake of fact that negates an elements of the crime must be both honest and reasonable.
What constitutes as a human?
Born alive