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21 Cards in this Set
- Front
- Back
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US v. Diaz
Pinkerton |
The court interpreted Pinkerton to mean that each conspirator may be liable for acts of every other conspirator done in furtherance of the conspiracy
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Exception to the Pinkerton Doctrine
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A conspirator may be found guilty of a substantive crime unless that crime could not be reasonably foreseen as a necessary or natural consequence of the unlawful agreement
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MPC and Pinkerton
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rejects pinkerton, however in federal law the rule is very much alive. The tow elements of a conspiracy are: 1) an intent to agree to the conspiracy and 2) the intent to promote the unlawful object of the conspiracy
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Acts in furtherance of the conspiracy (3 ways to make people vicariously liable for crimes committed in a conspiracy)
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1) Pinkerton rule
2) Complicity 3) felony murder |
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Statute of limitations on conspiracy
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runs from the time of the last act of the conspiracy
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Bilateral Conspiracy
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there is no agreement and no conspiracy where of of the two parties never intends to carry out the unlawful purpose
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MPC Conspiracy
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a person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission
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Chain and link conspiracy
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a conspiracy in which there are a series of overlapping transactions which are contrued to involve only one overall agreement..the different transactions are considered the links in the overall agreement which is considered the chain the chain..the different transactions will be considered links in a chain if each link knows that the other links are involved in the conspiracy and each link has vested interest in the success of the overall series of transactions
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Wheel and Spoke conspiracy
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is where one person or entity the hub, has different conspiratorial agreements with different people who have nothing to do with each other. In this case, the one common person is the wheel and each coconspirator is the spoke
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Elements of common law larcency
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1) a trespassory taking and carrying away of property
2) from the possession of another 3) with the intent to permanently deprive the owner of that property * the moment possession passed to the thief was crucial in determining the thief's criminal liability |
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Dobson Larceny at common law
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the taking and carrying away of personal property with the intent to deprive the owner
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Dobson Larceny by trick
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the possession of property but not title, has been obtained by falsehood
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Embezzlement
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the misappropriation of another's property that is already in possession of the embezzler
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forms of theft
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larceny, embezzlement, and false pretenses or fraud
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common law robbery
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larceny plus an assault
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MPC Robbery
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A person is guilty of robbery if, in the course of committing a theft, he:
1) inflicts serious bodily injury upon another 2) threatens another with or purposefully puts him in fear of immediate serious bodily injury 3) commits or threatens immediately to commit any felony of the first or second degree |
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Grading of Robbery
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robbery is a felony of the second degree, except that it is a felony of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inficts or attemtps to inflict serious bodily injury
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Burglary
State v. Covin |
Intent to violate the no-entry of an order for protection does not satisfy the burglary element of intent to commit an independant crime
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Dobson Burglary
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burglary is the intent to enter the house and the separate intent to commit some other crime
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MPC Burglary
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a person is guilty of burglary if he enters a building or occupied structure or separately secured or occupied portion thereof, with purpose to commit a crime therin, unless the premises are at the time open to the public or the actor is licenses or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned
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Multiple convictions
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a personn may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglaries entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree
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