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50 Cards in this Set
- Front
- Back
Arson (Common Law) |
malicious burning of the dwelling of another |
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Reeves Case Details |
Charged w felony murder initially bc a firefighter died due to a fire that HE started. He brought a mattress inside an abandoned home, lit it on fire, and when the firefighters came to put it out, it collapsed on him. The defense was if it satisfied common law arson, he would be charged w/ felony murder. Since it was not considered a dwelling bc it was not suitable to live in, he was charged with involuntary manslaughter or criminal homicide. |
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Arson TPC |
-Start Fire -Cause explosion WITH intent to destroy/damage. Any building, not limited to dwelling. More punishment w/ religious burning or house burning. |
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Arson Federal |
Lighting fire to building on federal land or federal building |
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Destruction of Property Common Law |
-malicious mischief/ criminal mischief/ destruction of property -Malicious mischief or willful injury of the destruction of personal or tangible property to another. |
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Destruction of Property TPC |
Criminal mischief w/o effective consent of the owner, intentionally knowing 1). damage/ destroy property 2). tamper w/property + loss/inconvenience 3).make markings on property |
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Destruction of Property Federal |
damages, destroys, tamper with federal building or federal land |
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Burglary Common Law |
BREAKING and ENTERING the DWELLING of another in the NIGHT with the intent to commit a crime. |
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Bruce Case Details |
was married but he and his wife lived seperately. |
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Valencia Case Details |
A family went out of town, he took this opportunity to |
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Burglary TPC |
without consent of owner, you enter non public premises with the intent to stay hidden and commit a felony, theft, or assault. |
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Trespass Common Law |
Invasion of private property involving disturbing the peace |
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Trespass TPC |
entering or removing on or in property of another without consent with knowledge that you are not supposed to be there or a notice that you are not supposed to be there. |
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3 different types of notice |
oral fence purple paint |
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Trespass Federal |
unlawfully enter or remain in federal land or federal place |
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Larceny Common Law |
trespass or unlawful taking and carrying away of personal property of another w the intent to steal or permanently deprive the victim of property |
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Olivo Case Details |
stuck wrenches in his coat and got caught before he left the store. affirmed. |
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Gasparik Case Details |
took off his jacket, grabbed another jacket, took iff the tags, stuck them in his old jacket, and tried to leave with the jacket on. affirmed. |
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Spatzier Case Details |
tried to steal a book, owner confronts him, he struck the owner, the book calls from case. affirmed. |
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Embezzlement Common Law |
fraudulent conversions of property of another by one already in lawful possession |
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False pretenses |
obtaining title property through material false representations knowing them to be false with the intent to defraud |
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Receiving Stolen Property |
receiving stolen property knowing it to be stolen with the intent to deprive owner of property |
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Robinson Case Details |
He "underrang," free bagged, and marked down prices. Total worth of $15,000 for underringing and free bagging. Total worth of $20,000 for markdown fraud. Legislature wanted to combine it all together and call it theft. |
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Theft TPC |
unlawfully attempt to appropriate property w/intent to deprive owner of property. -unlawfully-without owner consent -appropriate- broaden property and what it is -deprive- dispose of property |
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Robbery Common Law |
Aggravated form of theft. unlawful taking and carrying away of the personal property of another w/intent to steal or permanently deprive the owner of the property. Property is taken from presence of victim and taking is accomplished by violence, form, intimidation, or threat of harm |
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Lattimore Case Details |
Victim approached by robber. 1 has weapon. Robber pats down and gets wallet, goes thru it, victim says he has $400 if they want it. On appeal, lattimore says there was not enough evidence of taking, carrying away, or intent to steal. Affirmed and charged for robbery. |
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Robbery TPC |
a person commits and offense when committing larceny, they intentionally, knowingly, recklessly cause bodily injury, death, or threats, or place fear imminent bodily injury or death. 2nd degree felony |
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Aggravated Robbery TPC |
knowingly, intentionally, or recklessly causing harm, fear, bodily harm, but to those 65+ or disabled. |
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Robbery Federal |
happens on federal land, federal property, bank robbery, car jacking. FDIC bank robbery is federal due to federal bank insurance. Car jacking is bc it is interstate commerce |
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Forgery Common Law |
material false writing or alterations of a document with intent to defraud |
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Uttering Common Law |
using something forged with the intent to deceive |
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Forgery TPC |
to forge a writing w/intent to defraud |
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Criminal Stimulation |
falsifying property like are, or baseball |
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Disorderly Conduct Common Law |
intentionally, knowingly uses bad language or fighting words to incite breach of peace. Offensive gestures. |
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Vagrancy Common Law |
wandering the streets without visible means of support |
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Loitering Common Law |
standing in public without apparent purpose
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Problems w vagrancy/loitering |
vague and shouldn't be left up to law enforcement discretion. Needs to be clear |
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Obstructing Highway |
not moving at reasonable request |
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Adultery Common Law |
punished as an "ecclesiastical" & CL crime. originally defined as sexual intercourse with anthers wife, but evolved into sexual intercourse by a married person with one who is not the persons spouse |
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Fornication Common Law |
voluntary sexual intercourse between unmarried persons |
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Prostitution |
-not a CL crime -traditionally female offering body for hire -now gender neutral and expanded to anyone who buys and offers |
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Harwell Case Details |
approaches a cop car, cop asks if she needs a ride, she doesn't respond just gets in. She asks if hes a cop. He says no and asks if anything is going on. She agrees ...... read |
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Prostitution TPC |
person knowingly engages or solicits person w/ sexual acts. (prior convictions and younger people under 18= harsher punishment) |
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Obsenity |
originally punished by ecclesiatical (church) and attempted to criminalize. rasied concerns under the 1st amendment priginally. Commerical use may be harmful to minors, performance by child, possession of child pornography (sexting) |
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Roth Case Details |
obscenity is not constitutionally protected speech |
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Miller Case Details |
3 part def of obscenity. (community standard: appeals to prurient intrest in sex. patently offensive representations of sexual conduct; no serious literary, artistic, politicial, or scientific value) |
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Bigamy |
Started in church court, then made into a crime by royal court |
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Bigamy TPC |
when you're legally married and you marry someone other than spouse acknowledge your spouse is married to someone else |
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Incest |
church prosecuted, sexual relation between blood or marriage |
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Incest TPC |
prohibited sexual conduct a person commits an offense if they have sex w/ another person that is blood, step, half blood, etc. 3rd degree felony. |