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Crim Law - Coggle Diagram
Crim Law
Theft Crimes
Larceny
Larceny is the taking and carrying away without consent and with intent to permanently deprive.
Permanently deprive = unreasonable period of time
Embezzlement
the fraudulent conversion of another’s personal property by one who is in lawful possession of it
Robbery
Larceny plus violence
Requires violence or threat of violence
Extortion
Similar to robbery except it does not require the taking to be in the victim’s presence and the threat is of future harm
False Pretenses v. Larceny by Trick
Both false pretenses and larceny by trick involve telling lies. You make an intentionally false statement of a past or existing fact with the intent to defraud for both.
The difference between the two is that in false pretenses you gain title to the property and with larceny by trick you only obtain possession
Receipt of Stolen Property
Gaining possession and control of property that you know was illegally obtained with intent to permanently deprive the true owner
The property must actually be stolen
Actual physical possession is not required
The property must have been stolen at the time of receipt and you must know or have reason to know it was stolen.
Forgery
Creating or altering a written document with purported legal significance to be false, with intent to defraud.
Burglary
At common law, burglary required the breaking and entering of a dwelling of another at night with the intent to commit a felony therein
For the bar exam (both MBE and MEE), the last two elements (at night and with intent to commit a felony) are no longer required.
Defenses
Insanity
If you lack the mental capacity to form the required mens rea, you have a defense to the crime.
Intoxication
Intoxication can be either voluntary or involuntary.
If you became intoxicated because you voluntarily consumed alcohol, you may have a limited defense to specific intent crimes if the intoxication prevented you from forming the specific intent required.
If it is involuntary, it is a complete defense.
Infancy
Rule of 7s
From 0-7 years, a minor cannot have criminal liability. From 7-14, there is a rebuttable presumption against criminal liability. For 14 and older, the infancy defense is not available in most instances.
Mistake
Mistake of the law is never a defense.
Mistake of fact is a defense to specific intent crimes, but is never a defense to strict liability crimes. Mistake of fact may be a defense to a general intent crime if the mistake is reasonable.
Self Defense & Defense of Others
Self-defense is appropriate when you reasonably believe that force is necessary to defeat an immediate and unlawful force. You may only use deadly force when encountered with deadly force. Also, if the initial aggressor retreats and the threat to you is gone, you must cease. Defense of others is allowed under the same circumstances as self-defense.
Entrapment
Categories of Crimes
Strict Liability
Strict liability means no mens rea is required. If you do the actus reus, you committed the crime. Strict liability crimes tend to be less serious crimes with one notable exception being statutory rape.
General Intent
General intent means you are aware of all factors constituting a crime are present even if you did not intend to commit a crime.
Specific Intent
For specific intent crimes, not only did you do the act, you did it with the specific intent of committing the crime.
Some common specific intent crimes are solicitation, attempt, conspiracy, first degree premeditated murder, assault, larceny and robbery, burglary, forgery, false pretenses, and embezzlement.
Malice
Malice applied to common law murder and arson.
Malice is substantially the same as specific intent, but the common law created an additional category so that defenses to specific intent crimes would not apply.
To show malice, you need to show reckless disregard or high risk of a particular result.
Elements of Crimes
Actus Reus
This is the actual physical act you do or the failure to act when you have a duty to do so.
Mens Rea
The mens rea of a crime is the culpable mental state required for the act to be criminal.
Subjective Standard
Knowingly
You are aware that conduct is of a certain nature or that certain circumstances exist. An act is knowing when conduct will necessarily or very likely cause a certain result.
Recklessly
A gross gross deviation from the standard of care and a conscious disregard of a substantial and unjustifiable risk.
Recklessly is different from knowingly because knowingly is a higher level of certainty. Knowing is certain result will occur, reckless is result might occur.
Purposely
You have a conscious object to engage in certain conduct or cause a certain result.
Objective Standard
Negligently
Failure to be aware of substantial and unjustifiable risk.
Negligently is different from recklessly because in recklessly it is a conscious disregard.
Parties to the Crime
Common Law
A Principle in the First Degree
Present at the scene of the crime and committed at least 1 element of the crime.
liable for all crimes committed at the scene
A Principle in the Second Degree
Present at the scene, but did not commit any elements of the crime.
Ex: A getaway driver.
liable for all crimes committed at the scene
An Accessory Before the Fact
Not present at the scene, but assisted beforehand.
liable for all crimes committed that were reasonably foreseeable
An Accessory After the Fact
Not at the scene, but helped after.
not liable for any crimes at the scene, but was liable for the crime of being an accessory after the fact
Withdrawal
After an effective withdraw, you will not be liable for any future crimes.
What constitutes effective withdraw depends on what actions you took.
Homicide
Unlawful killing of another
Inchoate Crimes
A type of crime completed by taking a punishable step towards the commission of another crime
Conspiracy
When two or more people have a meeting of the minds to commit a crime.
MPC: conspirators must engage in an overt act in furtherance of the conspiracy for the conspiracy to form
Common Law: An overt act was not required at common law. You cannot withdraw from a conspiracy.
Solicitation
Encouraging someone else to commit a crime with the intent that they will follow through and commit the crime.
Complete upon requesting the other person to commit a crime for you.
Attempt
Specific Intent Crime
MPC: must take a substantial step beyond mere preparation.
Common Law: you had to take an act with a dangerous propensity toward completion of the crime.