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.  Be able to explain each crime's elements and to be able to distinguish each crime from the other. Some sort of question may show up on our exam.

2.  Know the definition of arson, forgery, and uttering a forged instrument or document.  Be able to explain how each crime operates and how to prove each element.

3.       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.

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

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

6.       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.

7.       Know that a taking is a separate element from carrying away for purposes of larceny, larceny by trick, and robbery.

8.       Embezzlement requires that the defendant have had good possession to be able to commit this crime.   Know the definition of embezzlement.

9.      Understand that the Merger Doctrine does not combine forgery and uttering a forges instrument/document.

10.       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.  Typically modern law extortion involves a threat to reputation of an individual.

11.   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.

12.  Robbery has all the elements of larceny plus two more. [1] property taken from the victim’s person or from the immediate presence [2] taken by force, threat of the use of force, or by the use of fear in the victim.

13.  Understand that lost property that has been found by a person may involve/constitute larceny if the person determines immediately to keep the property for him/herself where there is a clue to who the rightful possessor may be.   See Brooks v. State [Page 422] and the linked story near the Brooks case in the syllabus.

 14.   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.