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Criminal Law
Criminal Law
Vagueness & other Constitutional Limitations
1) fair warning 2) nO arbitrary and discriminatory enforcement
Conspiracy Elements
1) an agreement between two or more 2) an intent to enter into the agreement 3) an intent by at least 2 persons to achive the objective of the agreement
Mental State---Specific Intent
1) the intent to agree 2) the intent to achieve the objective of the conspiracy
Liability for Co-Conspirators\' Crimes
1) crime was committed in furtherance of objectives of conspiracy 2) were foreseeable
Attempt---Elements
Attempt is an act, done w intent to commit a crime, that falls short of completing the crime
Insanity
1) M\'Naghten-defendent does not know right from wrong 2) Irresistible Impulse-an impulse defendant cannot resist 3) Durham-but for the mental illness, defendant would not have done act 4) A.L.I. or M.P.C.-combo or M\'Naghten & Irresistible Impulse
Mental Condition during Criminal Proceedings, Due Process Clause
Defendant may not be tried, convicted or sentenced if 1) unable to understand the nature of the proceedings being brought aganist him 2) to assist his lawyer in preparation of his defense
Consent
usually not a defense, is a defense to minor assault & batteries if no danger of serious body injury. When a defense, must establish 1) consent was voluntarily & freely given 2) the party was legally capable of consenting 3) No fraud involved in obtaining consent
Entrapment
only if 1) the criminal design originated w law enforcement officers 2) the defendant was not predisposed to commit the crime prior to contact by the goverment. Providing opportunity for predisposed person to commit crime is not entrapment
Larceny
1) a taking (obtaining control) 2) and carrying away (asportation) 3) of tangible personal property 4) of another w possession 5) by trepass 6) with intent to permanently deprive that person of her interest in property
Embezzlement
1) fraudulent 2) conversion 3) of personal property 4) of another 5) by a person in lawful possession of that property
False Prentenses
1) obtaining title 2) to personal property of another 3) by an intentional false statement of past or existing fact 4) with intent to defraud the other
Robbery
1) a taking 2) of personal property of another 3) from the other\'s person or presence, including the vicinity 4) by force or threats of immediate death or physical harm to victim, victim family or other in presence 5) with the intent to permanently deprive him of it
Receipt of Stolen Property
1) receiving possession & control 2) of stolen personal property 3) known to have been obtained in criminal offense 4) by another person 5) with intent to permanently deprive the owner of his interest
Forgery
1) making or altering 2) a writing w apparent legal significance like a contract 3) so that it is false (fake receipt but not an inaccurate one) 4) with intent to defraud
Malicious Mischief
1) the malicious 2) destruction of or damage to 3) the property of another. Does not require ill will but damage must have been intended or comptemplated
Burglary
1) a breaking 2) entry 3) of a dwelling 4) of another 5) at nighttime 5) w intent to commit a felony in the structure
Arson
1) malicious 2) burning 3) of the dwelling 4) of another
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