Lawmaxxer

USA · 1L · Criminal Law

Common-Law Crimes & Inchoate Liability

Definitions and complicity.

1/7

Space flip · ← → navigate · S save

Show all 7 questions and answers in this book

  1. 1.Common-law burglary — elements?

    Breaking and entering the dwelling house of another, at night, with intent to commit a felony inside. Modern statutes have relaxed most elements.

    Common law

  2. 2.Common-law larceny — elements?

    A trespassory taking and carrying away (asportation) of the personal property of another, with intent to permanently deprive.

    Common law

  3. 3.MPC § 5.01 — test for attempt?

    Purposeful conduct constituting a "substantial step" in a course of conduct planned to culminate in the crime, strongly corroborative of the actor's criminal purpose.

    Model Penal Code § 5.01

  4. 4.Pinkerton v. United States (1946) — rule?

    A conspirator is liable for substantive offences committed by co-conspirators in furtherance of the conspiracy that were reasonably foreseeable.

    Pinkerton v. United States, 328 U.S. 640 (1946)

  5. 5.Morissette v. United States (1952) — held?

    Where a federal statute codifies a common-law crime (here, conversion), courts presume Congress intended to require criminal intent even if the text is silent.

    Morissette v. United States, 342 U.S. 246 (1952)

  6. 6.Robinson v. California (1962) — held?

    Punishing the status of being addicted to narcotics is cruel and unusual punishment under the Eighth Amendment.

    Robinson v. California, 370 U.S. 660 (1962)

  7. 7.City of Grants Pass v. Johnson (2024) — held?

    Enforcing public-camping bans against homeless people does not violate the Eighth Amendment's Cruel and Unusual Punishments Clause.

    City of Grants Pass v. Johnson (U.S. 2024)