Criminal Law

Card Set Information

Author:
BlasterGirl
ID:
160906
Filename:
Criminal Law
Updated:
2012-07-04 01:09:28
Tags:
Crimes Involving Property
Folders:

Description:
Larceny Robbery Extortion Stolen Prop Forgery Uttering Mischief Burglary Arson Criminal Trespass
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  1. What are the elements for larceny?

    Notes: 
    • AR:    Taking away another's property by trespass (without valid consent)
    • MR:     Intent to permanently derpive

    Notes: brief dispossession suffices, thief doesn't have to keep, personal property, title not given. 
  2. What are the elements for Embezzlement?
    • AR:     Conversion of property held in trust.
    • MR:     Intent to defraud.
  3. What are the elements for False Pretenses?
    • AR:     Taking title to property by misrepresentation (about present or past fact).
    • MR:     Intent to defraud
  4. What are the elements for Robbery?
    • AR:     Taking another's personal property from his presence by threat of force or actual force.
    • MR:     intent to permanently deprive (specific intent)

    Note: V's presence necessary, harm must be immediate 
  5. What are the elements for Extortion?
    • AR:     Seeking to obtain another's property by future threat.
    • MR:     Intent to permanently deprive (specific intent)

    Notes: Contrast to Robbery: Here, V's presence not needed and harm need not be immediate. 
  6. What are the elements for Receiving Stolen Property?
    • AR:     Receiving another's personal property
    • MR:     w/knowledge it has been stolen AND intent to permanently deprive (specific intent). 
  7. What are the elements for Forgery?
    • AR:     Making or altering a writing to make it false.
    • MR:     Intent to defraud (specific intent). 
  8. What are the elements for Uttering?

    Wrongfully milking a cow?
    • AR:     Offering for genuine a forged document.
    • MR:     Intent to defraud (specific intent) 
  9. What are the elements for Malicious Mischief?
    • AR:     Damaging property of another.
    • MR:    Gross negligence (>=recklessness)
  10. What are the elements for COMMON LAW Burglary?
    • AR:     Breaking & Entering dwelling of another at night.
    • MR:     Intent to commit felong within (specific intent)
    • (a) Breaking: any force or by threat or fraud.
    • (b) Entering: any part of the body or object.
    • (c) Dwelling: anywhere someone sleeps. 
  11. What are the elements for MODERN Burglary?
    • AR:     Breaking & Entering any (not just dwelling) structure of another at any time (not just at night).
    • MR:     Intent to commit felony within (specific intent).

    Note: If not burglary under the modern trend, not burglary at common law. 
  12. What are the elements for COMMON LAW Arson?
    • AR:     Burning the dwelling of another.
    • MR:     Malice (>=recklessness)
    • (a) Burning: flame damage (not just heat or smoke damage). 
  13. What are the elements for MODERN Arson?
    • AR:     Burning (doesn't have to be dwelling, doesn't have to be of another).
    • MR:     Malice (>=recklessness)
    • (a) Houseburning: Maliciously burning own house in city, town or so near other houses as to pose danger.
  14. What are the elements for Criminal Trespass?
    • AR:     Entering or remaining on a property without authoirzation.
    • MR:     Knowledge it is not authoirzed.

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