Study for the Bar in Your Car

Criminal Law - Arson and Possession Crimes


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Join your AI hosts, Maude and Claude, for Episode 6 of the Study for the Bar in Your Car podcast, where they ignite your understanding of Arson and critical Possession Crimes. Guided by Angela's meticulously detailed notes, this episode unpacks essential concepts that frequently appear on the bar exam, promising those "aha moments" that solidify your learning.

Maude and Claude expertly break down Arson, clarifying that common law requires malicious burning of a dwelling (or modern-day structure). You'll discover that malice for arson means acting with a reckless disregard of an obvious risk of burning, not a specific intent to set fire. A crucial distinction is made between mere scorching (not enough for arson) and charring (sufficient, as the material itself is altered by fire). The hosts highlight a vital bar exam takeaway: while completed arson is a malice crime, attempted arson always requires specific intent to complete the burning, a higher mental state. Furthermore, learn how transferred intent applies to completed arson but generally not to attempt.

The discussion then pivots to Possession Offenses. You'll grasp that for general possession, knowing you possess an item and its nature (e.g., it's white powder) is usually enough, but you typically do not need to know its illegality. A significant clarification is made for Receiving Stolen Property: not only must the defendant know or believe the property is stolen at the time of receipt, but the property must actually be stolen. This means that in a police sting operation where goods have been recovered, the property legally loses its "stolen" status, preventing a conviction for the completed crime (though attempted receipt remains a possibility under the MPC).

Finally, the hosts shed light on the modern legislative shifts that have consolidated common law property crimes like larceny, embezzlement, and false pretenses into a single, broader statutory crime often simply called theft. This simplifies complex charging issues, focusing on the wrongful nature of the taking rather than technical common law distinctions.

Don't let these intricate details trip you up on exam day! Tune in to master the nuances of arson, possession crimes, and the evolution of theft law. Subscribe now to Study for the Bar in Your Car and drive your bar prep forward!.

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB

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