Chapters 10 and 11

Crime and Law – Nilsen

•Crimes Which Destroy Property

• Arson is the willful and malicious burning of a person’s property.

• Vandalism is the willful destruction of or damage

to the property of another.

•Crimes Which Take Property

• Larceny is the unlawful taking and carrying away of the

property of another with the intent to deprive the owner of it.

• Embezzlement is the unlawful taking of property by someone

to whom it was entrusted.

• Robbery is the unlawful taking of property from a person’s

immediate possession through force or intimidation.

• Extortion is using threats to obtain the property of another.

• Burglary is the unauthorized entry into a structure with the

intent to commit a crime.

• Forgery occurs when a person makes or alters a document with the intent to defraud.

• Receiving stolen property is taking possession of property that one knows or has reason

to know is stolen.

• Unauthorized use of a vehicle is taking someone else’s vehicle without the intent to keep it.

• Grand theft auto is taking someone else’s vehicle with the intent to keep it.

• Carjacking is taking someone else’s vehicle through the use

or threat of force.

•Defenses

• No crime has been committed.

• The defendant did not commit the crime.

• The defendant committed the crime, but it was excused or justified.

• Self Defense

• The defendant committed the crime but was not criminally responsible for their actions.

•Infancy–Children below the age of 7 cannot form criminal intent.

–Children between 7 and 14 are presumed to be incapable of

forming criminal intent.

• Intoxication can be a valid defense for crimes with

specific intent, but not for crimes with general intent.

• Insanity can be a defense.–Some states require a showing of an inability to

tell right from wrong.–Others require a showing that the

defendant lacks the substantial capacity to appreciate the nature

of the act or to conform their conduct to the law.

• Entrapment is a defense when the police encourage or

persuade someone into committing a crime.

• Duress is a defense when someone is forced into

committing a crime (not a defense to homicide).

• Necessity is a defense when someone has to commit a

crime to save their life (not a defense to homicide).