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CBX > CA Crim Law And Crim Pro > Flashcards

CA Crim Law And Crim Pro Flashcards

1
Q

What is murder?

A

Murder is the unlawful kill of another with malice aforethought.

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2
Q

When does malice aforethought exist?

A

Malice aforethought exists when there is either:

  1. Intent to kill
  2. Intent to inflict great bodily injury
  3. Reckless indifference to an injustifiably high risk to human life
  4. Intent to commit a felony that results in a killing
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3
Q

What is felony murder?

A

Any death caused during the commission of, or in the attempt to commit, a felony is murder.

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4
Q

What is implied the by the defendant’s intent to commit a felony?

A

Malice Aforethought

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5
Q

When does first degree felony murder occur?

A

When a killing occurs during the course of an enumerated felony that is inherently dangerous.

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6
Q

What are the enumerated felonies? 6

A

1.Arson. 2. Robbery. 3. Burglary 4. Rape. 5. Mayhem and 6. Kidnapping

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7
Q

What are the elements of felony Murder?

A
  1. The defendant must be guilty of the underlying felony
  2. The felony must be distinct from the killing itself
  3. Death must have been the foreseeable result of the felony
  4. The death must have occurred during the commission of the felony and not after it was terminated.
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8
Q

At common law, their term homicide was used to describe 3 different types of unlawful killings, name them:

A
  1. Murder
  2. Voluntary manslaughter
  3. Involuntary manslaughter
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9
Q

What is burglary?

A

Breaking and entering of a dwelling house at night with intent to commit a felony therein

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10
Q

what is a premeditated and deliberate killing?

A

This occurs when the defendant takes time to reflect on the idea of killing and makes the decision to kill while in a dispassionate state Premeditation can occur in mere seconds

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11
Q

What is second degree murder?

A

all other killings that don’t qualify as first-degree murder

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12
Q

What is voluntary manslaughter?

A

a killing that occurs with adequate provocation. AKA heat of passion

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13
Q

What is provocation?

A

When the defendant experiences a sudden and intense passion that causes him or her to lose control, and that passion causes the killing

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14
Q

When does involuntary manslaughter occur?

A

When the defendant commits a killing with criminal negligence or during the commission of an unlawful act.

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15
Q

To qualify as homicide, the defendant’s acts must have been both the…?

A

Actual cause and Proximate cause of the victim’s death

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16
Q

When does first degree murder occur?

A

when the defendant perpetrates a killing that is premeditated and deliberate

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17
Q

When does a premeditated and deliberate killing occur?

A

When the defendant takes time to reflect on the idea of killing and makes the decision to kill while in a dispassionate state.

18
Q

What is Robbery?

A

Robbery involves the taking of personal property of another by force or threat of force with intent to permanently deprive

19
Q

What is the felony murder redline rule?

A

Felons are not liable for the death of any co-felons that occur during the commission of the crime, so long as the death is caused by the victim or a police attempting to prevent escape or further criminal activity.

20
Q

When does voluntary manslaughter occur?

A

With adequate provocation. (also known as heat of passion)

21
Q

What is an accessory after the fact?

A

One who has knowledge that a crime was committed and assists a felon in escaping the authorities

22
Q

What is extortion?

A

Obtaining property by consent but through threat or force or exposure

23
Q

6th Amendment grants right to a ….?

A

speedy trial

24
Q

To determine whether the 6th Amend. right to speedy trial has been violated, what does the court look to?

A
  1. length of delay
  2. Reason for delay
  3. Whether defendant asserted his 6th Amend Rights
  4. Any prejudice to the defendent
25
Q

In order to bring suit on 4th Amendment claim for unreasonable search and seizure, what must defendant show?

A
  1. There was a government action
  2. Involving a search and seizure; and
  3. That he or she has standing
26
Q

The 4th Amendment only protects against ….?

A

Government conduct and not actions by private individuals

27
Q

What must a plaintiff have in order to have standing to make a 4th Amendment claim?

A
  1. A reasonable expectation of privacy in the place searched and
  2. A substantial ownership interest in the thing seized.
28
Q

What must the police have in order for a search and seizure to be valid under the 4th Amendment?

A

The police must have a valid WARRANT or have a VALID EXCEPTION to the warrant requirement

29
Q

What does a valid warrant require?

A

a showing of PROBABLE CAUSE that SEIZABLE EVIDENCE will be found in the place searched.

30
Q

Exception to Warrant Requirement:

What is the stop and frisk exception?

A

Law enforcement may stop a person without probable cause for arrest if there is REASONABLE ARTICULABLE SUSPICION of criminal activity.

31
Q

Exception to Warrant Requirement:

What is the Plain View exception?

A

Law enforcement may make a warrantless search when they: 1. are LEGITIMATELY on the PREMISES; 2. Immediately apparent that the item is contraband or fruit of crime.; 3. See such evidence in PLAIN VIEW

32
Q

What is the exclusionary rule?

A

Any evidence obtained in violation of a defendants 4th, 5th or 6th Amendment rights is inadmissible

33
Q

When is a person in custody?

A

When the person’s FREEDOM OF ACTION is denied in a significant way based on the objective circumstances (whether a reasonable person would feel prohibited from leaving) (Does not mean Jail or arrested)

34
Q

What is Interrogation?

A

Any words or conduct by the police that they should know would likely ELICIT AN INCRIMINATING RESPONSE from the Defendant

35
Q

Miranda Warnings Exception:

What is the public safety exception?

A

If police interrogation is reasonably prompted by concern for PUBLIC SAFETY, responses to questions MAY BE USED IN COURT, despite being in custody without Miranda warnings.

36
Q

What is the fruit of the poisonous tree doctrine?

A

Any evidence obtained from exploitation of the illegally-obtained evidence is also inadmissible

37
Q

What is the major exception to the exclusionary rule?

A

The inevitable discovery doctrine

38
Q

What is the inevitable discovery doctrine?

A

Otherwise admissible evidence becomes admissible if the prosecution can show that the POLICE WOULD HAVE DISCOVERED IT without violating the Defendant’s rights.

39
Q

Under the 14th Amendment Due Process Clause, an incriminating statement or confession is admissible only if it was …?

A

Voluntary

40
Q

What determines if a statement was voluntary?

A

If the statement was the byproduct of RATIONAL INTELLECT AND FREE WILL and not OFFICIAL COMPULSION or COERCION

CBX (4 decks)

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