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Cloned from: Crim Law

by ryusei

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Specific Intent Crimes (listed)
Solicitation, Attempt, Conspiracy, First degree premediated murder, Assault, Larceny and robbery, Burglary, Forgery, False pretenses, Embezzlement
Malice Crimes (listed)
Common Law Murder and
General Intent
False Imprisonment
Strict Liability Crimes (listed)
Statutory Rape
Selling Liquor to Minors
Bigamy (some jurisdictions)
Conspiracy (elements)
(i) an agreement between two or more parties; (ii) an intent to enter into the agreement; and (iii) an intent by at least two persons to achieve the objective of the agreement.  A majority of states require an overt act.
Attempt (elements)
an act, done with intent to commit a crime, that falls short of completing the crime
Solicitation (elements)
Solicitation consists of inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime
Insanity Tests (4)
Irresitible Impulse
A.L.I. or M.P.C.
M'Naughten Test
Defendant does not know right from wrong
Irresistible Impulse Test
an impulse that defendant cannot resist
Durham Test
ibut for the mental illness, defendant would not have done the act
A.L.I. or M.P.C. Test
combination of M'Naghten and irresisitible impulse
Battery (elements)
an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
Assault (elements
Assault is either (i) an attempt to commit a battery or (ii) the intentional creation--other than by mere words--of a reasonable apprehension in the mind of the victim of imminent bodily harm
Larceny (Elements)
(1) A taking (obtaining control;
(ii) And carrying away (asportation);
(iii)Of tangible personal property
(iv) Of another with possision;
(v) by trespass (w/o consent or fraudelent consent)
(vi) With intent to permanently deprive that person her interest
Embezzlement (Elements)
(i) The fraudulent
(ii) Conversion (dealing wiht property in manner inconsistent with arrangements)
(iii) of personal property
(iv) of another
(v) By a person in lawful possession of that property
False Pretenses (Elements)
(i) Obtaining title
(ii) To personal property of another
(iii) By an intentional false statment of fact
(iv) With intent to defraud
Robbery (Elements)
(i) a taking
(ii) Of personal property of another
(iii) By force or threats of immediate death or physical injury ( to vicctim, family, etc.)
(v) With the intent to permanently deprive him of it
Forgery (Elements)
(i) Making or altering (by drafting, adding, or deleting)
(ii) A Writing with apparent legal significance (e.g. contract, not painting)
(iii) So that it is false (fake receipt, not inaccurate)
(iv) with an intent to defraud
Burglary (Elements)
(i) A breaking (creating or enlarging an opening by at leats minimal force, fraud or itimidation)
(ii) And entry(any portion of body or instrument)
(iii)Of a dwelling
(iv) Of another
(v) At nighttime
(vi) With the intent to commit a felony in the structure (felony need not be carried out to constitute burglary)
Arson (elements)
(i) The malicious
(ii)Burning (some damage/charring)
(iii) Of the dwelling
(iv) Of another
Perjury (elements)
The intentional taking of a false oath in regard to a imaterial matter (one that might affect the outcome) in a judicial proceeding
Receipt of Stolen Property (Elements)
(i) Receiving possession and control
(ii)Of "stolen" personal property
(iii) Known to have been obtained in a manner constituting a driminal offense
(iv) By another person
(v) With the intent to permanently deprive the owner of his interest
Kidnapping (Elements)
unlawful confinement of a personal that involves either (i) some movement of the victim, or (ii) concealment of the victim in a "secret" place
Voluntary Manslaughter (Elements)
would be murder but for the existence of adequate provocation
Adequate Provocation to constitute Voluntary Manslaughter
(i) provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing hiim to lose control (e.g. threat of deadly force, or spouse in bed with another)
(ii) the defendant was in fact provoked
(iii) There was not sufficient time between provocation and killing to cool off
(iv) The defendant in fact did not cool off between the provocation and killing
Murder (elements)
the unlawful killing of a human being with malice aforethought
Malice aforethought to constitute Murder
(i) Intent to kill
(ii) Intent to inflict great bodily injury
(iii) Reckless indifference to an unjustifiably high right to human life; or
(iv) Intent to commit a felony
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