Crim Law

Last update by Joe on 06/08/2010
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CL American bystander rule


no CL duty to save UNLESS:

1) personal relationship: parent/child, H/W

2) statute (VT good Samaritan law)

3) contractual

4) voluntary assumption of care

5) creation of peril

6) control conduct of others (dangerous people in your care, children)

7) landowner

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  • wtwommack
    Answered in Crim Law


    1) Tresspassory AC

    2) Taking Act

    3) carrying away (asportation) Act

    4) property of another AC

    5) with intent to steal (permanently deprive) owner MR (SI)

    Trespassory: does NOT mean that you actually have to trespass on land, just means without permission

    Property of another is about POSSESSION not about rightful ownership, so you can commit larceny by stealing from a thief

    At CL, MR and taking had to coincide in time, so if you borrowed/rented something and decided not to return it later, not larceny, but added over time “constructive possession” legal fiction deals with it (the thief merely had “custody” not possession, so could steal it)

    Asportation: the act of carrying away or removing (Blacks law def)

  • wtwommack
    Answered in Crim Law

    CL Larceny by trick

    added over time: lying about your future intention to return something (King v. Pear renting horse, lies about name, residence, where he is going)
  • wtwommack
    Answered in Crim Law
    False Pretenses

    1) obtain possession and title (act, but also AC bc need to get title)

    2) of the tangible personal property of another (AC)

    3) based upon reliance by the owner (AC)

    4) knowing misrepresentation of material past or present fact (MR/AC (material or not))

    5) with intent to defraud (MR)

    “K misrep of material past or present fact” construction is to avoid imprisoning debtors

  • wtwommack
    Answered in Crim Law

    1) obtain lawful possession act, AC (lawful or not)

    2) via trust relationship AC

    3) of tangible private property of another AC

    4) fraudulently SOM

    5) convert to his own use act

    trust relationship: guardians, cops, employer/employee, parents, shippers, consignment sellers, trustees etc

    developed because bank teller taking funds to deposit stole, not CL larceny

  • wtwommack
    Answered in Crim Law
    CL Robbery

    1) larceny (all elements)

    2) taking from person or in presence of victim

    3) by force or threat of imminent use of force

    Larceny is LIO of robbery (Double jeopardy and jury instruction implications)

    Generally treated as more serious than larceny OR assault/battery AND more seriously than the two COMBINED because it is so morally awful: putting people at risk to steal $

    Hard to tell if robbery sometimes: purse snatching and pick pocketing usually NOT, but very small amount of force changes it to robbery

  • wtwommack
    Answered in Crim Law

    “Traditional” Extortion (not CL but common def):

    1) maliciously

    2) threaten to accuse/injure

    3) w/intent to extort pecuniary or compel victim to act ag. will

    Some states require that you actually receive the property: unlawfully obtaining prop of another by means of a threat

    Different from robbery when threat is injury: not IMMEDIATE injury

    What if you demand something that you have some right to? Like, you return stolen property or I’ll press charges? No intent to do so maliciously! Prolly not extortion

  • wtwommack
    Answered in Crim Law
    CL Extortion
    1) corrupt
    2) collection of unlawful fee
    3) by officer
    4) under color of office
  • wtwommack
    Answered in Crim Law


    1) Breaking
    2)Entering-without consent
    4) Of another
    5) at night
    6) with intent to commit felony therein

    felony NEED not be committed, intent MUST occur at TIME OF ENTRY!!!

    Actual OR constructive breaking required: open window no, but if the maid let you in yes

    Crime against POSSESSION of thingy not ownership, so in theory owner could burgle renter

    Expanded in most mod American statutes, breaking not required just entry w/o consent, felony larceny not req, misd ok

  • wtwommack
    Answered in Crim Law

    CL Battery

    1) unlawful

    2) application of force

    3) to another

    4) causing injury/offensive touching

  • wtwommack
    Answered in Crim Law
    CL Assault
    1) failed attempt at battery
    2) present ability (min J)
    1) any act placing another in fear of immediate battery
    2) Apprehension is reasonable

    Generally words are not enough
  • wtwommack
    Answered in Crim Law
    CL Kidnapping
    1) forcible asportation
    2) of a person
    3) from his counrty to another
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