This website uses cookies to ensure you have the best experience. Learn more

Criminal Law Essay

2306 words - 10 pages

 WATCH OUT IF THE CRIME IS “ATTEMPTED …” - THEN INTENT IS NEEDED

CRIMINAL LAW
MURDER
• Murder: To be guilty of murder, one must unlawfully kill another human being with malice aforethought which may be (i) intent to kill; (ii) intent to inflict great bodily injury; (iii) reckless indifference to an unjustifiably high risk to human life (depraved heart); or (iv) the intent to commit a felony.
• At common law, the crime of attempted murder requires both a specific intent by the actor to kill the victim and an act that puts the D in close proximity to completing the crime (For MPC, it must be a “substantial step” rather than close proximity).
• If you intend to kill A but kill B ...view middle of the document...

• Voluntary manslaughter requires passion or provocation
• Adequate provocation can reduce murder to voluntary manslaughter. Being subjected to a serious battery is adequate provocation, getting hit in the face with an umbrella, or seeing wife in bed with another man and losing control
• Manslaughter if you kill someone while acting recklessly under an unreasonable apprehension of danger (JULY 1991)
• Manslaughter least likely to be the underlying felony for felony murder when compared against attempted rape as the underlying felony. (MBE 1992)
• Spouses/Proprietor-Customer/School-Pupil have a duty to rescue if they learn of the peril. Failure to fulfill that duty knowing it would mean almost certain death is the equivalent of homicide committed with malice.

OTHER CRIMES

• Larceny: At common law, larceny is the taking and carrying away of the personal property of another by trespass (i.e. wrongfully) with intent to permanently (or for an unreasonable time) deprive the other of his interest in the property.
• Larceny occurs if you intend to deal with the property in a way that involves a substantial risk of loss to the owner (e.g. holding on to it until you get a reward).
• For larceny, pay attention to situations where title is transferred by false representations – this is not larceny.
• You can pass title to money. Someone tricks you into buying something.
• Larceny by the use of an innocent agent – when you trick someone to steal something for you
• Larceny if you steal marijuana from someone (MBE 1992)
• Can commit larceny by taking property from someone who doesn’t have rightful possession (stealing from a thief)
• If you find property, and there are sufficient clues to ownership, it is larceny if you keep the property
• Thinking your conduct is not a crime is not a defense to larceny

• Larceny by trick: Obtains possession of property by lies and then fraudulently converts it
• Larceny by Trick: False promise is a crime whereby a person obtains property falsely based on an intentional misrepresentation of present or past fact. (JULY 1991)

• False Pretenses: By lying, one obtains title along with possession of property
• False Pretenses is obtaining title to property of another, by intentional false statement of facts (FEB 1991)

• Embezzlement: illegal conversion of property over which D had lawful possession (Embezzler has lawful possession (not title), AND Illegal conversion). Embezzler does not have to benefit at all
• Embezzlement: (1) fraudulent, (2) conversion of, (3) the property, (4) of another, (5) by one who is already in lawful possession of it.
• Pawn shop that sells item before they are allowed to is guilty of embezzlement (MBE 1992)

• Common law forgery is creating a false document with apparent legal significance with intent to defraud (i.e. a deed, but a forged Thomas Jefferson letter is not forgery since it has no legal significance)

• Burglary: At common law, burglary is a breaking and...

Other Papers Like Criminal Law

Criminal Law Essay

969 words - 4 pages Short Paper #2: Felonies and Misdemeanors Lace Jenkins Unit 7 PA260: Criminal Law Prof: Edward Romano There are many things in considering what scenario to choose. You have to consider if they think the wine bottle is a deadly weapon. I will explain what argument I will use and why I chose that argument. I will also explain why I didn’t chose the other argument. I will give you definitions of aggravated assault, aggravated battery

Criminal Law Essay

4081 words - 17 pages . Snell, Tracey, 1999 “Bureau of Justice Statistics, Capital Punishment”. Stolzenberg, Lisa & Stewart J. D’ Alessio. 2004. “Capital Punishment, Execution Publicity and Murder in Houston, Texas.” Journal of Criminal Law & Criminology 94:351-379. Thomson, Ernie. 1997. “Deterrence or Brutalization: The Case of Arizona.” Homicide Studies 1:110-128 Vila, Bryan, Morris, Cynthia, Capital Punishment in the United States, A Documentary History, Greenwood Press, 1997

Criminal Law Paper

922 words - 4 pages ) Criminal liability is “the liability that arises out of breaking a law or committing a criminal act.” Law Library (2010) Accomplice liability does not refer to this case because these were two individuals that were arrested at two different times. Criminal Liability does refer to this case because both of these defendants committed a crime by selling crack cocaine to people. So these two men did commit a criminal act and for that reason is why they

Criminal Law Paper

864 words - 4 pages RUNNING HEAD: Criminal Law Paper Criminal Law Paper John Butler Bachelors of Science of Criminal Justice Maryland v. King, 569 U.S., On June 3, 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner check was no different than taking a photo or being fingered printed during the

Intro to Criminal Law

624 words - 3 pages states have offenses that are against the law but fitting of just a fine in some states. A few criminal acts might be either a felony or a misdemeanor dependent upon an extra component or disturbing trademark. For instance, basically punching somebody in a bar fight could be misdemeanor offense, yet punching them with the use of brass knuckles could be a felony offense dependent upon if a weapon was used. There are very few distinctions in

Sociology Of Criminal Law

2123 words - 9 pages Flagler College History and Evolution of the Death Penalty in the United States Ethics of Judiciary and Sociology of Criminal Law The history of the death penalty is tumultuous, from the punishment being initiated to abolished, and then reinstated. The death penalty, initiated in the United States in 1622, continues to be exploited by 32 states, regardless of its integrity and use to discourage people from committing serious crimes. It

The Purpose Of Criminal Law

1135 words - 5 pages Due process is a right afforded us in the United States Constitution. It is mentioned in both the 5th and 14th amendments (Cornell University Law School, 2014). Due process is as relevant today as it was the day it was written as it “assumes that freedom is so important that every effort must be made to ensure that criminal justice decisions stem from reliable information (Cole & Smith, 2007, p. 11)”. The due process clause contained in our

Law, Tort Law, Criminal Law, Contracts, And Civil Procedure

1720 words - 7 pages Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as

Criminal Law

2846 words - 12 pages Doctrine of vicarious liability The doctrine of vicarious liability generally operates within the law of torts. It has become well-established in English law and historically has been called “Master and Servant liability,” which clearly indicates the circumstances in which the doctrine becomes applicable in tort law. The general rule in tort law is that a person who authorises a tort will personally be liable for damage or harm as a result

Criminal Law and Ins Effects on Societies Youth

589 words - 3 pages , property and integrity. Police departments have the function of protecting the human rights and liberty of the members of the public. They are also charged with the responsibility of creating a feeling of security in the community. As part of law enforcement, policemen maintain records of all criminal activities reported to them. They are also expected to investigate these criminal activities, identify and apprehend the perpetrators. The other

Criminal Law - II The Death of the Security Guard

2445 words - 10 pages robbed. E Duress As A Defence To Murder A possible defence for Carol is duress. Duress excuses the criminal conduct of the accused in cases where the accused was forced, against their will, to commit some criminal actions in circumstances where an ordinary person would have succumbed to the pressure applied, and where there was no opportunity for the accused to escape and reassert their will.[17] There is some evidence that could support a

Related Essays

Criminal Law Essay 581 Words

581 words - 3 pages (pre-arrest or post-arrest)? Do you think involvement by a prosecutor in the original stages of an investigation is a good idea? Can a defense attorney ever become involved in a case prior to indictment or arrest? When does a judge or magistrate's function begin? In addition, briefly discuss the sources of criminal law. This assignment will also be assessed using additional criteria provided here. Please submit your assignment. For assistance with

Criminal Law Essay 935 Words

935 words - 4 pages CRIMINAL LAW Crime: ■ A wrong committed against society, as defined in a statute and made punishable by the govt. in a judicial proceeding brought by it. ■ Punishment could be fines, imprisonment, probation and death Classification of crimes Depending on their degree of seriousness, crimes are classified. ( Felony: • Are inherently evil and most serious • Includes

Criminal Law Essay 1485 Words

1485 words - 6 pages Ashley Mayes Criminal Law Essay 3 23 February 2014 Ashley Mayes Criminal Law Essay 3 23 February 2014 Crimes against Property: Larceny Crimes against Property: Larceny Crime against property means a crime that destroys or deprives an owner of property against the owner's will. These crimes are considered less serious than violent crimes, or crimes against persons. Crimes against property are not as obvious as they sound. Although

Criminal Law Essay 971 Words

971 words - 4 pages . 663, 668, 292 S.E.2d 339, 341 (1982). Joe’s actions were both purposeful and cruel, he committed them against his boss without great provocation, and with complete disregard for the law. According to the Model Penal Code, a Mens Rea Defense states that any form of intoxication is a defense to criminal conduct if it negates an element of the offense. [MPC § 2.08(1)] Since the Code does not distinguish between "general intent" and "specific