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Potential Crimes (Larceny: (1) Wrongful/trespasser (2) Taking (3) and…
Potential Crimes
Larceny: (1) Wrongful/trespasser (2) Taking (3) and carrying away (4) the personal property (5) of another (6) with the intent to deprive permanently.
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(6) Intent to Deprive Permanently: Borrowing is not a crime IF you return it within a reasonable amount of time. There is a "continuous taking" if you take the item for its useful life (KUNKIN).
Defenses: (1) Claim of right: If you took something sincerely thinking it was yours then you have a claim of right.
Found Property: If you find property, you don't have to look for the owner, but if you think you can find the owner you can be guilty of theft (BROOKS).
When you get property knowing its not yours, then you can be guilty of theft (RODGERS; person miscalculated).
(2) Taking and carrying away: Even slight movement, but of entire item (CARSWELL).
Issues to look out for: (1) Did D move the item even slightly? (2) Was the property his own? (3) Did defendant borrow? (4) Did defendant take for the useful life of the item? (5) Did D find the property? (6) was property tangible?
Conspiracy (Four): (1) an agreement between at least two people (2) with the purpose to enter into the agreement (3) an overt act in furtherance of the agreement (4) purpose to promote the acts constituting the crime.
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Pinkerton Liability: Defendants who join a conspiracy may be convicted not only for the crime of the conspiracy, but also any foreseeable crimes committed by any of their co-conspirators in furtherance of the conspiracy, even if defendant lacked involvement required to be an accomplice. If person can show that something was not foreseeable then maybe they can get away from liability.
Wharton Rule: You can't charge someone with conspiracy if the crime necessarily involves two people.
Factors to Find Intent: The government need show no more than a tacit, mutual understanding between co-conspirators to accomplish an unlawful act. You can infer purpose from knowledge (LAURIA; answering service).
Defenses (1) Abandonment: if all parties abandon the plan, this will start the statute of limitation clock. Not an affirmative defense. (2) Withdrawal: A conspirator's withdrawal must be active.
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Homicide
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Second Degree: (1) Intentional (2) No Malice OR (1) Unintentional (2) Depraved heart/grossly reckless
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No Malice: If the killing of a seducer was under the influence or in heat of passion, there is an absence of actual malice (THORTON; dude finds ex)
Depraved Heart: Conscious, willful disregard for human life (KNOLLER; dog case).
Reckless Homicide: When an person reasonably anticipates the death to another is likely to result, there is a wickedness of disposition; hardness of heart (MALONE; roulette case).
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Felony Murder (Homicide, robbery burglary, rape, larceny): If the defendant while in the process of committing a felony kills another, the killing is a murder.
Vicarious Liability: Any person who helped with the felony might also be on the hook for murder. Causation issue. How severe was the felony that could matter. (TEJEDA).
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Burglary: (1) unlawful breaking and (2) entering of the (3) dwelling of (4) another (5) at night with the (6) intent to commit a felony therein.
(4) Of another: The place subject to burglary has to actually be inhabited by a living person (GAUZE).
(1) Breaking: Easily satisfied, at least some force needs to be exerted.
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Bribery: Giving or taking, something of value, in exchange for an official act with corrupt intent.
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Inchoate Offenses
Attempt (IowA): (1) Intent (purpose) to do an act or cause a result that constitutes a crime and (2) an act in furtherance of the intent that goes beyond mere preparation.
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(2) Substantial step test from JACKSON. Substantial step must be strongly corroborative of criminal purpose.
Defenses: (1) Abandonment: One a crime is complete you can't take it back (STAPLES; math case) (2) Impossibility: Legal impossibility is a defense, factual impossibility s not a defense.
Solicitation: (1) Requesting, asking, encouraging someone to commit a crime with the(2) purpose that the person commit the acts constituting the crime.
(1) This element is fulfilled when a person makes their request to a particular individual, no overt act is required (QUENTIN).
(2) In order for this element to be fulfilled it must be proven that D had the conscious objective that the other person commit the acts constituting the crime.
Defenses: (1) Renunciation: a completed solicitation can't be renounced. Modern trend is toward MPC where a person can renounce if they thwart the crime. (2) Impossibility is not a defense.
Embezzlement (FAPAE): (1) Fraudulent (2) appropriation (3) of property (4) of another (5) by one entrusted with possession.
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False Pretenses: (1) Misrepresentation (2) of a present or past material fact (3) with the intent to defraud victim at the time of the taking (4) the victim relies on such misrepresentation (5) to part with the property.
(1) Puffing is allowed (DONHOE). An omission can be a misrepresentation if there was a duty to speak. An opinion can be the basis for a misrepresentation if there is reliance on your words (SKILLING; enron). If you tell someone you're going to pay later, and at the time you had no intention to pay, this can be a false pretense (CHAPLIN).
Robbery: (1) Wrongful (2) Taking (3) and carrying away (4) the personal property (5) of another (6) with the intent to deprive permanently (7) under force or threat of force (8) taking from the victim or from the immediate presence and control of the victim.
Defenses: Claim of right is a defense to robbery if defendant honestly believed that he was recovering property was his own specific property; but for public policy reasons we don't allow this to be a defense because we don't want self help. (MEJIA; dude tries to get his money back).
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Theft by trick: When one obtains the possession of personal property of another by deception, artifice or force, with intent on the part of the person obtaining it to convert it to his own and permanently deprive the owner of his property (ROBINGTON; car case).