Criminal Law--Barbri

Criminal law for the Bar

42 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Crime requires proof of:
1. physical act
2. mental state; AND
3. concurrence of the act and mental state

(may also require proof of result and causation)
Ommission as an Act:
Only if:
1. specific duty imposed by law;
2. D has knowledge of the duty; AND
3. it is reasonably possible to perform the duty
MALICE
Requires a reckless disregard of an obvious or high risk taht a particular harmful result will occur:

1. common law murder
2. arson
SPECIFIC INTENT
10 crimes:
1. solicitation
2. attempt
3. conspiracy
4. 1st degree premeditated murder
5. assualt (attempted battery)
6. larceny, robbery
7. burglary
8. forgery
9. false pretenses
10. embezzlement
GENERAL INTENT
Awareness of all the factors constituting the crime (D is aware that act is proscribed and high likelihood of attendant circumstances)
1. battery
2. rape
3. kidnapping
4. false imprisonment
STRICT LIABILITY
NO AWARENESS of the facts constituting the crime; objective standard

1. statutory rape
2. selling liquor to minors
3. bigamy
MODEL PENAL CODE ON FAULT
No distinction between general and specific intent; adopts:

(1) purposely, (conscious object ot engage in proscribed act)
knowingly, (awareness that conduct is of particular nature)
and recklessly (conscious disregard of a known risk)
(2) negligence (failure ot be aware of substantial risk)--objective test
LARCENY
A taking and carrying away of tangible personal property of another by trespass and with intent to permanently deprive

--D must intent to create substantial risk of loss; intent must exist at time of taking
--If D in possession at time of taking, this is embezzlement, not larceny
EMBEZZLEMENT
Fraudulent conversion of personal property of another by a person in lawful possession of that property
FALSE PRETENSES
Obtaining title to personal property of another by an intentional false statement of past or existing fact w/intent to defraud the other

--is not larceny by trick, where P gives up possession of property
ROBBERY
Taking of another's personal property from that person's person or presence by force or threats of immediate physical injury/death with intent to permanently deprive him of property (steal)
EXTORTION
Corrupt collection of unlawful fee by an officer of the law acting under color of office (presence of victim is immaterial)
RECEIPT OF STOLEN PROPERTY
Receiving possession and control of "stolen" personal property known to have been obtained in a manner constituting criminal offense by another person with the intent to permanently deprive owner of interest in it
FORGERY
Making or altering a writing with apparent legal significance so that it is false AND with intent to defraud
BURGLARY
Breaking and entry of a dwelling of another at night with the intent to commit a felony in the structure

--intent to commit felony must be present at time of entry
--nighttime + breaking + home requirements often waived in finding burglary