Study Sheet Suggestions for Criminal Law Exam #2

1.        Know the definitions of these crimes: larceny, larceny by trick, obtaining property by false pretenses, and embezzlement.  Some sort of question may show up on our exam.

2.       With respect to larceny, remember Cooper v. Commonwealth  when two parties make a mistake, that a trespass to possession may not exist and therefore- no larceny.

3.       Be able to apply the Doctrine of Continuing Trespass as it relates to larceny.

4.       A person may be guilty of larceny of property that the person actually owns.  State v. Cohen.

5.       Larceny: lost property with a clue as to rightful possessor- to take it and intend to keep it may be larceny.  Check out Brooks v. State, Page 422.

6.       Know that a taking is a separate element from carrying away for purposes of larceny and robbery.

7.       Embezzlement requires that the defendant have had good possession to be able to commit this crime.

8.       Be able to define forgery and uttering a forged document.  Remember that the Merger Doctrine does not combine these two crimes.

9.       Remember that there is common law extortion that requires a public official as a defendant and modern law statutory extortion that involves a threat insufficient for robbery purposes.

10.   Understand that usually and act is required to be guilty of a crime.  See People v. Decina.  Also, some crimes may be that of failing to act like involuntary manslaughter, in some cases.

11.   Be conversant concerning attempts at crime.  They are never done accidentally. All attempts require that a defendant have a specific intent to commit the crime.

12.   On attempts, know that merely starting toward a crime may not be sufficient to constitute an attempt.

13.   Distinguish between legal impossibility and factual impossibility as they relate to attempted crimes.

14.   If a crime is legally impossible to commit, all states will not convict for that crime.  But there Is a split between states when the impossible crime involves only an attempt to commit the crime.

15.   Please bring a new exam BlueBook to class to exchange with the Instructor.  And an ink pen for the essay and a #2 pencil for the scan sheet.  Thank you.