LEB Test 2 1. Criminal law a. Crime i. A wrong against society/behavior society won’t tolerate ii. Society defines crime iii. Legalities 1. Plaintiff is usually the state 2. Defendant commits crime 3. Criminal charge has equivalent civil charge (tort) b. Classifications of crime i. Felonies: either specifically identified or over 1 year in jail ii. Misdemeanors: can go to jail for up to one year iii. Petty offenses: only fines iv. Moral turpitude: crimes with evil intent and bad morals c. Punishments i. Purposes 1. Rehabilitation: change convict’s character 2. Restraint: putting people in jail, limitations, probation 3. Retribution: community service, giving back 4. Deterrence: keeping others from doing it in the future a. Works well for people who have been convicted or are highly educated d. Elements of a crime i. Guilty act 1. Behavior 2. Attempted crimes: even unsuccessful ii. Guilty mind 1. Intent: hardest to prove!! a. Specific: ex. I am going to kill this person b. General: ex. “I am going to drive as fast in my car as I can” e. Criminal Defenses i. Infancy 1. Anyone under 18 2. Different from over 18, can’t go to jail ii. Differences in punishment 1. Under 7 years: can’t show criminal intent, no crime 2. 7-14: more likely to be able to form criminal intent a. Need evidence showing intent 3. 15-17: can be proven to show intent a. Juvenile facility b. Focus on rehabilitation iii. Insanity 1. Every state has own definition of insanity 2. Didn’t know right from wrong 3. Going to an institution, not prison 4. Court can see entire mental record iv. Intoxication
1. By any substance 2. Voluntary: won’t get out of crimes 3. Involuntary: will get someone out of all crimes v. Mistake 1. Of law: relying on authority figure who knows the law 2. Of fact: stealing something that looks identical to yours 3. Entrapment: enough evidence that jury believes it vi. Self-defense 1. Would a reasonable person defend himself? 2. Reasonableness depends on situation 3. Hinges on whether or not they feel life in danger 4. Can help a friend using equal force vii. Immunity 1. Can’t be prosecuted 2. Informants typically receive immunity 3. Prosecutors use this to generate evidence 4. Most likely need written proof f. Crimes affecting business i. Thef 1. Larceny a. Elements i. Taking someone else’s property ii. Don’t intent to give it back (intent hard to prove) b. Types i. Petit (M): depends on actual value, <$1,500 in TX ii. Grand (F): differs between states >$1,500 in TX 2. Burglary (no real defenses) a. Elements i. Breaking and entering ii. A building or locked structure iii. Intent to commit felony within building 3. False pretenses: equivalent to fraud, specific to property w/ a title a. Obtaining title to property b. By false representation – deception 4. Embezzlement: happens inside a company, always a felony a. Elements i. Being in possession of someone else’s property ii. Stealing the property ii. Robbery 1. Elements a. Stealing from person in their presence b. By force or threat of force 2. Always a felony due to force 3. Aggravated robbery: weapon involved, harsher sentencing a.
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- Spring '08
- i., ii., Embezzlement, a. Elements