Term
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Definition
False pretenses requires a “misrepresentation of a material fact”, which prompts or forces the victim “to pass TITLE” of the property to the Δ, who “knows that his misrepresentation is false” and “intends to defraud” the victim.
False Pretenses is the :
1) obtaining of title,
2) to the property of another
3) by an “intentional false statement of existing fact”
4) with the “intent to defraud” the other.
EXAMPLE –
Salim obtains title to Jhaweds BMW M3 by “falsely convincing” Jhawed that transferring the title to the BMV to Salim will give Jhawed a 100% tax benefit. |
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Term
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Definition
Forgery is the:
1. fraudulent,
2. making of a
3. false writing
4. having apparent legal significance
---if a document is a “check” or a “will” then creating it with “intent to defraud” would have been a forgery. |
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Term
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Definition
| The Redline Rule is an exception to Felony Murder, which provides that felons are not liable for the deaths of any co-felons that occur during the commission of the crime, so long as the death is caused by the victim or a police officer attempting to prevent escape or further criminal activity. |
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Term
Salim obtains title to Jhaweds BMW M3 by “falsely convincing” Jhawed that transferring the title to the BMV to Salim will give Jhawed a 100% tax benefit.
What crime has Salim committed? |
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Definition
False pretenses requires a “misrepresentation of a material fact”, which prompts the victim “to pass title” of the property to the Δ, who “knows that his misrepresentation is false” and “intends to defraud” the victim.
False Pretenses is the :
1.obtaining of title,
2.to the property of another
3.by an “intentional false statement of existing fact”
4. with the intent to defraud the other.
------Involves obtaining legal title to property by “false and fraudulent misrepresentations of fact”. |
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Term
Jhawed gives Salim $50 upon a promise to use the money to buy groceries for Mama. Salim runs away with the money and does not bring back Mama’s groceries.
What crime has Salim committed? |
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Definition
Larceny by Trick is essentially “larceny” but instead of a “physical taking” of the property to obtain possession, the “taking” of the property to obtain possession occurs through “fraud”.
1. the “fraudulent taking” and
2. “carrying away” of the
3. tangible property
4. of another
5. by trespass or without consent,
Obtains possession by “misrepresenting” (lying, misrepresentation) False Pretences: misrepresents material facts making the victim surrender title. |
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Term
What is the definition of:
Embezzlement |
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Definition
Embezzlement involves the Δ’s acquiring “title” to the property (which is already “in his lawful possession”) by “converting it” or “appropriating it”.
1. fraudulent,
2. conversion,
3. of property,
4. of another,
5. by a person in lawful possession of that property
At the moment of “fraudulent conversion” (i.e. sale/selling/sold) the Δ must already be in lawful possession of the property. |
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Term
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Definition
Robbery is larceny, from “a person” or “a person’s presence” which is accomplished by “force or fear”
1. a “taking”,
2. of “personal property” of another
3. from the other’s person (or) presence,
4. by force or intimidation,
5. with the intent to “permanently deprive” him of it.
The intent required for robbery is the “intent to use force to take the property of another”. (Thus if Δ “mistakenly (even unreasonably)” believes that property is his own, then the required intent is lacking. |
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Term
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Definition
| As an accomplice to robbery, Δ must “intend that the robbery be committed”, and “aid in its commission”, but he does not have to know the details of how the robbery is actually being carried out. |
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Term
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Definition
Requires the “breaking & entering” another’s “dwelling” “at night” with the “intent to commit a felony therein”.
1. the “breaking”
2. and “entering”,
3. of the dwelling,
4. of another,
5. at nighttime,
6. with the “intent to commit a felony within”.
--you can commit both Burglary + Larceny
“Breaking”
Constructive Breaking
Courts recognize “constructive breaking”. If a defendant uses “fraud or threat of force” to induce occupants to let him in, that would count as breaking. |
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Term
| What is CL “Murder” & what ways can you be charged with Murder? |
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Definition
At CL murder is an “unlawful killing” (neither justifiable nor excusable) with “malice aforethought”.
Malice can be satisfied by:
1. “intent to kill”
2. “intent to cause serious injury” (or do serious bodily injury)
3. “felony murder”
4. “depraved heart” (disregards an “unreasonably high risk of harm” to human life)
-- CAN BE CHARGED WITH MURDER w/o any INTENT TO KILL (depraved heart) |
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Term
If Δ mistakes the house for his own, goes in, and removes jewelry, believing it’s his own –
Has a crime been committed? If so, what crime? |
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Definition
If Δ intends to go in & play Scrabble, there’s no burglary
If Δ mistakes the house for his own, goes in, and removes jewelry, believing it’s his own, there’s no intent to commit a felony, thus no burglary) |
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Term
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Definition
One way to translate Depraved Heart Murder is “Extreme indifference to the value of human life”.
Depraved heart murder (Extreme Indifference Murder) is a form of common-law murder, and a Δ is liable if he “intentionally or recklessly” disregards” what he knows is an extremely high risk of “death or serious bodily harm”.
“Depraved Heart”
Occurs when the Δ engages in “extremely negligent” conduct, which a “reasonable man” would realize creates a very high degree of risk to human life, and which results in death. |
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Term
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Definition
Felony murder occurs where the Δ commits a killing, even an “accidental one”, (which occurs during the course of & as a result of Δ’s commission of any of a series of specific dangerous felonies.) -------that is committed “during the commission” of a dangerous felony (inherently dangerous to human life).
1) Robbery
2) Rape
3) Arson
4) Kidnapping
5) Mayhem
6) Burglary |
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Term
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Definition
2 Types of “Involuntary Manslaughter”
Criminal Negligence Involuntary Manslaughter
A Δ is liable manslaughter w/o intent, under criminal negligence, if a killing occurs through his gross or criminal negligence, either by act or omission. The Δ’s act must create an unreasonable risk of harm.
Gross Negligence means the Δ “ignores a risk of harm to human life” (Gross Negligence) which is LESS than the risk by “Depraved Heart Murder” (Extreme Negligence)
Misdemeanor Manslaughter
Is a killing that occurs as a result of (or during) a malum in se
misdemeanor, or a felony that is “not sufficient for felony murder”.
Casual Connection - There must be a casual connection between the misdemeanor and the death, in order to be found guilty manslaughter. |
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Term
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Definition
If a Δ satisfies all the requirements for “Intentional Murder” always look to see if there’s “sufficient provocation” by the victim. This will knock “intentional murder” to Voluntary Manslaughter.
“Provocation” =
Is both SUBJECTIVE & OBJECTIVE (1) & (2): The requirements for “sufficient provocation” are:
1) provocation must have been enough to provoke this defendant
2) provocation must have been of a type that would provoke a reasonable person, to kill
3) this defendant must not have cooled off when the killing takes place, AND
4) a reasonable person would not have cooled off in these circumstances (a heat of the passion killing). |
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Term
| The “Imperfect Self-Defense” Doctrine |
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Definition
Under this doctrine, a Δ will be liable for “manslaughter” instead of “murder” when he “intentionally” kills another, if either:
(1) he was the “aggressor in a fight” (thus not entitled to a self-defense claim) , or
(2) Δ “honestly” but “unreasonably believed” deadly force was necessary. |
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Term
Δ at store picked up a purse from the display put it under her coat wanting to steal it.
Δ later realized that before leaving the store the alarm would go off, so Δ put the purse back in its place.
Has she committed a crime? |
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Definition
Yes: she is guilty of Larceny
When the Δ picks up the property (exerted control over it) the Δ must do so with the intent to take it without paying for it.
The crime of larceny is complete once the Δ “exerts dominion” and even if Δ carries the item a small distance, while intending to keep it. = Δ is still guilty of “larceny”. |
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Term
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Definition
1. taking and
2. “carrying away” of the
3. tangible property
4. of another
5. by trespass or without consent,
6. with the intent to permanently deprive the person of his interest in the property.
---Mistakenly believing that larceny does not include the taking of a dog, Δ took his neighbor’s dog and sold it = Yes, larceny because “mistake of law” is not a defense. |
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Term
A Δ takes D’s TV, w/ the intention of returning it the next day; however, D dropped it and it broke beyond repair. Δ went into T’s house & took $100 in the belief that T had damaged Δ’s car to that amount. What crime has Δ committed? |
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Definition
Nothing: this would not be larceny because “no intent to steal” (he intends to return it the next day). Nothing: this wouldn’t be larceny either because “no intent to steal” (he intends the $100 to pay for damage to his own car). |
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