MBE/PA: Crimes (General)

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Author:
benlaw
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25846
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MBE/PA: Crimes (General)
Updated:
2010-07-25 23:46:38
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Crim
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Crim
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  1. Murder
    • MURDER:
    • (1) F -- Felony (always unintended on the bar) -- killing committed during felony (other than killing).
    • >> Deaths must be foreseeable.
    • >> Deaths caused while fleeing -- but b/f point of "temporary safety" qualify.
    • >> Note: D not liable for the death of a co-felon as a result of resistance by the victim/police.
    • (2) I -- Intent to Kill (only form of murder that requires intent)
    • (3) R -- Reckless (Depraved Heart) -- requires indifference to human life.
    • (4) S -- Serious Bodily Injury

    • MURDER -- 1st v. 2nd Degree: Always depends on state statute.
    • >>> BUT: If "murder" w/o further explanation on the MBE is second-degree murder.
  2. PA: Murder (1, 2, 3)
    • 1st DEGREE: A criminal homicide = intentional killing.
    • >> Specific Intent Crime.
    • >> Intentional killing: Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
    • 2nd DEGREE: Criminal homicide = committed while D was engaged as a principal/accomplice in the perpetration of a felony.
    • >> Felony: act of D engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, involuntary deviate sexual intercourse, arson, burglary or kidnapping.
    • 3rd DEGREE: All other kinds of murder.
    • >> Requires malice: intent to inflict serious bodily injury, depraved heart, cruelty, recklessness, unjustified disregard for the probability of death.
  3. Manslaughter
    • MANSLAUGHTER:
    • (1) Voluntary: Heat of passion resulting from adequate provaction by the victim.
    • >> Adequate Provocation: Sudden/intent passion in the mind of an ordinary person -- lose self control.
    • >>>> Provaction must have resulted from the person killed or another whom D endeavored to kill but missed.
    • >> Time: No cooling time b/wn provocation and killing, and defendant did not actually cool off.
    • NOTE (PA): V.M. also includes intentional/knowing killings where D acted under a belief that he would be justified (ie. self-defense), but the belief was found to be unreasonable.

    • (2) Involuntary: Killing of criminal negligence (falling asleep at the wheel).
    • >> Misdemeanor Manslaughter: killing somone while committing a misdem. or unenumerated felony.
    • NOTE (PA): I.M. is a misdemeanor unless vicrim was under 12 and in the custody/control of person causing death.
  4. PA: Manslaughter
    • Voluntary Manslaughter (First Degree Felony):
    • (1) Kill w/o lawful justification and at the time of killing, acting under a sudden/intense passion resulting from serious provocation by:
    • >> (i) the individual killed; OR
    • >> (ii) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the individual killed.
    • (2) Unreasonable belief killing justifiable: at the time of killing believe the circumstances to be such that, if they existed, would justify the killing, but the belief is unreasonable.

    • Involuntary manslaughter (First Degree Misdemeanor)
    • (1) Guilty of involuntary manslaughter when, as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the
    • doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.
    • >> NOTE: If victim is a child under 12, 2nd degree felony.
  5. Murder: Premeditated and Attempted
    GEN: Both always require intent.

    PREMEDITATED: D must have acted with intent or knowledge that his conduct would cause death.
  6. PA: Conspiracy
    * Renunciation as a Defense to Conspiracy *
    • GEN: In PA, renunciation is a defense if circumstances manifest a complete and voluntary renunciation of one's criminal intent.
    • >> Renunciation NOT present if withdrawal based on fear of getting caught or desire to postpone crim activity.
    • >> Renunciation MAY require neutralizing assistance that a co-conspirator has provided to the conspiracy.
  7. Sex Offenses: Rape
    Rape: Slightest penetration completes the crime.

    Statutory Rape: SL crime -- consent of the victim and MoF ≠ defenses.
  8. Property Crimes: Larceny
    • GEN (SI): Wrongful taking and a carrying away (asportation) w/ intent to permanently deprive.
    • >> Wrongful taking: must believe that you don't own the property you're taking. If you believe you have a right to certain property (ie. owed money), then not larceny.
    • >> Slightest moving: sufficient taking away.
    • >> Note: Intent to deprive must exist at the time of the taking.

    • NOTE: If take change in put it in your pocket, embezz. If put it in cash drawer and later take it, larceny.
    • NOTE: If have CUSTODY but not POSSESSION and you take the goods, the crime is LARCENY.
  9. Property Crimes: Embezzlement
    • GEN (SI): Lawful possession followed by fraudulent conversion.
    • MBE NOTES:
    • (1) Trustee often embezzler.
    • (2) Need not "carry away" to be an embezzler.
    • (3) Embezzler need not get the benefit (ie. may donate it to a charity).

    NOTE: Most common embezzlement is ask to borrow car, then turn around and sell it.
  10. Property Crimes: False Pretenses
    • GEN (SI): Defendant persuades the owner of property to CONVEY TITLE by false representation.
    • KEY: Fact that victim is deceived must be a major factor of the victim's transferring title to the defendant.
    • >> False pretense applies to situations where the wrongdoer by deceit obtains “title or ownership – or whatever property interest the victim had in the chattel, if it was less than title.”

    • MBE NOTES:
    • (1) Key: conveyance of title.
    • (2) False rep can be WRT a present or past fact.
    • (3) False promise to do something in the future ≠ grounds for liability or false pretenses.
  11. Property Crimes: Larceny by Trick
    • GEN (SI): Defendant persuades the owner of property to deprive owner of possession (NOT title).
    • TYP: Victim consents to D's taking possesion of the property, but such consent is not valid b/c it has been induced by a misrepresentation.

    • NOTE: applies to situations where the wrongdoer by deceit obtains possession only, with the victim retaining ownership or some superior interest in the chattel.
    • >> IE. If property is falsely obtained for a specific purpose - ie. pay a hospital bill - the crime is larceny by trick
    • rather than false pretenses bc the victim intended to pass title to the money to someone else; victim intended to deliver possession only.
  12. Property Crimes: Robbery
    • GEN (SI): Aggravated larceny. Assault or battery accompanies every robbery.
    • >> Taking of another's pesonal property in that person's presence by force or threat with the intent to permanently deprive him of it.

    • MBE NOTES:
    • (1) Presence Req: broad (ie. farmer tied up in barn, robber takes things from house).
    • (2) Violence: slightest force or fear, including a "bump" on a crowded bus.
    • >> Ripping necklace from one's neck sufficient. Simulated deadly weapons also sufficient.
    • (3) Threat: must be of immiment harm. Bomb threat is sufficient.
  13. Property Crimes: Extortion
    GEN (SI): Blackmail -- knowingly seeking to obtain property or services by means of a future threat.

    • KEYS:
    • (1) No person/presence requirement. Need not take anything from the person or in his presence.
    • (2) Threats of future -- not imminent -- harm.
  14. Property Crimes (Habitation): Burglary
    • ELEMENTS:
    • B: Beaking (trespass) -- actual (force) or constructive (fraud/deception).
    • >> No breaking if enter through a wide open door/window. But if push open interior door, breaking.
    • E: Entering -- any part of the body physically intrudes.
    • D: Dwelling -- place of habitation.
    • N: Night time -- Must occur at night for CL purposes.
    • O: Of another.
    • W: With intent to commit a felony OR theft.
    • >> Intent must exist when D enters. If enters for any other purpose, then decides to steal, no burglary.

    • NOTE: Need not actually steal something to be convicted of burglary.
    • NOTE: State statutes often get rid of dwelling/night requirements.
  15. Property Crimes (Habitation): Arson
    GEN (SI): Malicious burning of the dwelling of another.

    • MBE NOTES:
    • (1) Only applies to burning, not smoke damage.
    • (2) Dwellings only: cannot be a barn/biz.
    • (3) No arson if you burn your own property down.
  16. Battery
    • GEN (GI): A completed assault.
    • NOTE: Touching need only be offensive. Need not inflict physical pain.
  17. Assault
    • GEN (GI):
    • (1) Intent to commit a battery; OR
    • (2) Intentional creation (other than by words) of a reasonable apprehension of imminent bodily harm.

    • KEY: First form of assault above merges w greater offenses (ie. murder), the latter for DOESN'T merge.
    • >> NO merger because it involves different elements than other crimes (ie. attempted murder/mans).
  18. Aggravated Assault
    • GEN: Assault plue either --
    • (1) Use of a deadly weapon or dangerous weapon; OR
    • (2) With intent to rape, mame or murder.
  19. Defense: Entrapment
    • REQS:
    • (1) Criminal design originated with law enforcement officers; AND
    • (2) Defendant was not predisposed to commit the crime prior to contact by the government.

    PRIVATE INDUCEMENT: Person cannot be entrapped by private citizens.

    MATERIAL PROVIDED BY GVT: Entrapment cannot be based on the fact that the gvt provided aqn ingredient for the commission of the crime (even if contraband).

    NOTE: Merely providing the opp (gvt) is not sufficient to constitute entrapment.
  20. Kidnapping
    • REQS: Unlawful confinement of another that includes --
    • (1) some movement of the victim; OR
    • (2) Concealment of the victim in a secret place.

    • INCLUDES: Removal of a victim from a place of relative safety to commit a robbery.
    • >> Need removal for a substantial distance.

    AGGRIVATED K: If includes ransom, committing other crimes, offensive purposes, and child stealing.

    NOTE: Child incapable of giving valid consent.
  21. "Murder" on MBE
    "Murder" -- without further explanation -- on the MBE is CL second-degree murder.
  22. Specific Intent Crimes
    • BAFFLE PACK
    • Burglary
    • Attempt
    • Forgery
    • False Pretenses
    • Larceny
    • Embezzlement
    • Premeditated murder (1st degree)
    • Assault
    • Conspiracy & Solicitation
    • Kidnapping (for ransom)
  23. General Intent Crimes
    General intent is merely the “intention to make the bodily movement which constitutes the act which the crime requires.

    IE. Battery, rape, kidnapping (no ransom), false imprisonment.

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