Common Law Larceny Quiz

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What constitutes 'felonious taking' under the definition of robbery?

Theft committed through larceny (correct)

Taking property with consent from its owner

Taking property without force or fear

Theft through any means of deception

What is the primary legal distinction between larceny and theft by false pretenses?

Larceny requires force or fear while false pretenses does not

Larceny requires consent from the owner while false pretenses does not

Larceny involves violence while false pretenses do not

Larceny includes asportation while false pretenses does not (correct)

What was the defendant charged with after taking the barrels?

Robbery

Burglary

Fraud

Larceny (correct)

Which of the following statements is true about the role of consent in the situation described?

The employer's instructions indicated there was no consent Signup and view all the answers

How did the court define robbery?

Felonious taking without consent Signup and view all the answers

What enhanced penalty was imposed on the defendant due to prior offenses?

23 years and 8 months Signup and view all the answers

In the context of the case, what is the implication of the term 'trespassory taking'?

Taking property without the owner’s consent Signup and view all the answers

What did the court conclude about the relationship between robbery and larceny?

Larceny is a necessarily included offense in robbery Signup and view all the answers

What legal action is taken against a tenant who has violated their lease?

Eviction Signup and view all the answers

What is the primary difference between trespass to chattels and conversion?

Conversion permanently deprives the owner of the value of the property. Signup and view all the answers

Which act constitutes theft under California Penal Code 484(a)?

Fraudulently obtaining property entrusted to you. Signup and view all the answers

What sum of property value constitutes Grand Theft according to Penal Code sec. 487?

More than $950 Signup and view all the answers

Which of the following is NOT an element of theft as defined by the California Penal Code?

Borrowing property with the intent to return it. Signup and view all the answers

What legal consequence did Williams face for using a credit card encoded with a third party’s credit information?

Fraud. Signup and view all the answers

Which of the following actions is considered a deliberate trespass to chattels?

Intentionally moving a neighbor's tools without permission. Signup and view all the answers

What aspect of grand theft is primarily defined in Penal Code sec. 487?

The amount of property involved in the theft. Signup and view all the answers

What is required for a person to be indicted for attempted murder?

Specific intent to kill Signup and view all the answers

According to California Penal Code sec. 664, what is the punishment for an attempt to commit a felony that can result in a life sentence?

Five to nine years Signup and view all the answers

Which mens rea standard is typically required for a conviction of attempted crimes?

Specific intent Signup and view all the answers

In the case of Jones v. State, what did the Supreme Court of Indiana determine regarding the mens rea needed for attempted murder?

It requires a specific intent to kill Signup and view all the answers

What differentiates attempted murder from the crime of murder in legal terms based on the provided content?

The necessity of specific intent to kill Signup and view all the answers

What is the standard for proving attempted crimes in most jurisdictions?

A specific action toward the commission of a crime must occur Signup and view all the answers

In the context of attempts, which statement is generally true about states that require specific intent?

They have a higher threshold for attempted crimes compared to reckless conduct Signup and view all the answers

What is a unique feature of Colorado's law on criminal attempts according to the discussed cases?

It allows convictions for attempts without specific intent Signup and view all the answers

What constitutes an attempt to commit a crime according to California law?

An act beyond mere preparation that tends toward execution. Signup and view all the answers

In the case of Ex parte Floyd, what was the key issue surrounding the defendant's attempt?

The authorization of the printer for producing tickets. Signup and view all the answers

What must a defendant demonstrate to successfully claim abandonment or renunciation as a defense?

Voluntarily abandon the criminal scheme and take steps to prevent the crime. Signup and view all the answers

Which of the following is a rare defense in criminal attempts according to the content?

Legal impossibility. Signup and view all the answers

In the case of People v. Dlugash, the events leading to the attempted crime included what element?

A failed negotiation for rent. Signup and view all the answers

What is true about defenses based on legal impossibility?

They apply when the intended target offense is legal. Signup and view all the answers

Under what circumstances was the defense of abandonment successfully applied in Commonwealth v. McCloskey?

The defendant approached the guards and stated he changed his mind. Signup and view all the answers

What does the holding in Ex parte Floyd clarify regarding an attempt?

An attempt involves actions directly aimed at executing the crime. Signup and view all the answers

What must an accused person prove in an affirmative defense?

The elements of the defense Signup and view all the answers

Which of the following components is NOT part of the burden of proof typically on the defense?

Burden of Reasoning Signup and view all the answers

Self-defense claims require which of the following elements?

Imminent threat of danger Signup and view all the answers

What happens if a person uses disproportionate force in self-defense?

The claim may be replaced with provocation Signup and view all the answers

Which of the following is a characteristic of the reasonable doubt standard?

It reduces the risk of wrongful conviction Signup and view all the answers

In California, which of the following is NOT required for a self-defense claim?

The use of lethal force in any scenario Signup and view all the answers

What is a potential risk of relying solely on cross-examination for a defense strategy?

It could overlook alternative defenses Signup and view all the answers

What is typically the burden of proof required in affirmative defenses?

Preponderance of evidence Signup and view all the answers

What was the cause of Geller's death as determined by the expert witness?

He died from the chest wounds. Signup and view all the answers

What was the outcome of the defendant's first appeal regarding the murder conviction?

The conviction was completely overturned. Signup and view all the answers

Which legal principle was established from Dlugash's case?

Attempted murder can be charged even if the victim is dead. Signup and view all the answers

In what circumstance can a defendant be found guilty of attempted murder, as determined in this case?

If the defendant believed the victim was alive at the time. Signup and view all the answers

What did the defendant argue in his motion to set aside the verdict?

That he was not the cause of Geller’s death. Signup and view all the answers

What type of gun was used by Dlugash to shoot Geller?

.25 caliber pistol Signup and view all the answers

What does the concept of 'legal impossibility' refer to in the context of attempted crimes?

The defendant believes the crime can be committed but it legally cannot. Signup and view all the answers

In the context of attempted crimes, how does factual impossibility differ from legal impossibility?

Factual impossibility is not considered a defense, while legal impossibility is. Signup and view all the answers

Study Notes

Common Law Origins of Larceny

Elements of larceny include trespassory taking, carrying away (asportation), personal property, and intent to permanently deprive.
The property must have value, even if minimal.
Larceny, under common law, is specifically about personal property.
Under common law, larceny was not initially a felony but became one when all felonies were punishable by death, and it was later divided into grand (for valuable property) and petit (for less valuable property) larceny.

Types of Larceny

Larceny is a trespassory taking without force or fear, essentially stealing.
Larceny by false pretense is acquiring property through trickery or fraud.
- This involves knowingly making a false statement with the intention of causing a transfer of ownership or possession.
Misappropriation (embezzlement) involves fraudulently misusing entrusted property, such as entrusted to an agent.

Trespass to Chattels

This involves the trespassory taking of another's personal property.
Includes elements of trespass and movement (asportation).
A conversion is a trespass to chattel which involves permanently depriving the owner of the value of the property.

California Penal Code 484(a)

Defines theft as felonious taking of another's personal property or fraudulent appropriation of entrusted property.
Includes fraudulently deceiving someone out of money, labor, or property.

Historical Trends in Attempts Laws

Initially, attempt was not considered a crime in English common law.
In the late 1700s and early 1800s, punishments for attempts became more severe.

Attempts and Parties to a Crime

Includes analysis of Mens Rea and Actus Reus in attempt cases.
Common types of cases include attempt for a crime, dangerous proximity, substantial step, and mere preparation cases.
Some jurisdictions have defined different standards and concepts around mens rea and actus reus.

Mens Rea and Actus Reus

Mens Rea deals with the intent of the perpetrator, and Actus Reus deals with the actions taken towards the full crime.
Some tests use overt acts, last acts, dangerous proximity, and substantial steps to determine if an attempt occurred according to Actus Reus.

Affirmative Defenses: Abandonment and Renunciation

Defendants must have voluntarily abandoned the criminal scheme by taking steps to ensure the original crime will not happen.
In many jurisdictions, abandonment is a defense in such cases if the person voluntarily, and unequivocally abandons and gives up the act completely.
Voluntary actions are required for abandonment to constitute a defense to the attempt of a crime.

Affirmative Defenses: Impossibility

Impossibility can sometimes be a valid defense to a crime attempt if the illegal act was impossible.

Defenses: Self-Defense

Self-defense is a common-law, and in many jurisdictions a statutory defense to crimes.
Typically, a person may use a reasonable amount of force, even deadly force, to protect themselves if there is a reasonable fear of imminent attack and a reasonable proportionate amount of force used in defense, or another party.

Stand Your Ground Laws

About half of U.S. States have laws to allow stand-your-ground self-defense, where individuals are not required to retreat before using deadly force if they feel threatened.
The other half of the states require individuals facing a threat to retreat before using deadly force if it is safe to do so.
The law may vary depending on specific circumstances.

Necessity Defense

A person may commit an illegal act to prevent a greater harm.
There must be no legal alternatives.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your knowledge on the origins and types of larceny under common law. This quiz covers essential elements such as trespassory taking, asportation, and various forms of larceny including false pretense and embezzlement. Understand the complexities of larceny and its classifications.