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Criminal Law/Procedure > CL/CP > Flashcards

CL/CP Flashcards

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0
Q

2 types of Acts in elements of a crime

A

physical act which is voluntarily bodily movements
failure to act when there’s a duty to act
Specific duty must be imposed by law
D has knowledge of facts giving rise to duty
reasonably possibly to perform the duty

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1
Q

Elements of a crime

A
  1. Actus reus (physical act)
  2. Mens rea (mental state)
  3. Concurrence of act and mental state
    May also call for proof of a result and causation
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2
Q

General intent crimes

A
  1. Battery
  2. Rape
  3. Kidnapping
  4. False Imprisonment
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3
Q

Specific intent crimes

A
  1. Assault
  2. Attempt
  3. Burglary
  4. Conspiracy
  5. Larceny and robbery
  6. 1st degree premeditated murder
  7. Forgery
  8. False pretenses
  9. Embezzlement
  10. Solicitation
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4
Q

MPC analysis of fault

A
  1. Purposely
  2. Knowingly
  3. Recklessly
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5
Q

Murder definition and ways to show malice

A

killing of a human being with malice aforethought
Malice can be shown by:
1. intent to kill
2. intent to inflict great bodily injury
3. reckless indifference to an unjustifiably high risk to human life (malignant or depraved heart)
4. FMR: homicide committed during perpetration of inherently dangerous felony

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6
Q

List of Inherently Dangerous Felonies for FMR

A
  1. Burglary
  2. Arson
  3. Rape
  4. Robbery
  5. Burglary
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7
Q

Elements of Involuntary Manslaughter

A

Homicide committed without malice with:

  1. intent to inflict slight bodily injury
  2. criminal negligence. Something less than depraved heart
  3. misdemeanor-manslaughter rule: D kills while committing a non-inherently dangerous felony (no FMR) or a malum in se (inherently wrong).
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8
Q

Murder Justifications

A
  1. Self-defense
  2. Defense of others
  3. Crime Prevention
  4. Apprehension/arrest of criminal
  5. Reasonable mistake
  6. Defense of habitation/property
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9
Q

Murder Excuses

A
  1. youth infancy. under 7, no liability. between 7-14 rebuttable presumption of no liability. over 14 treated as an adult
  2. Insanity (kinds on another flash card)
  3. Intoxication
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10
Q

Mitigation examples

A
  1. provocation: subjective and objective passion

2. Good faith mistake:

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11
Q

Definition of criminal battery

A

unlawful application of force to another person causing bodily injury or offensive contact

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12
Q

Definition of kidnapping

A

confinement of another person involving either movement of concealment of victim

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13
Q

Definition of Larceny

A

trespassory taking and carrying away of the personal property of another with the intent to permanently deprive

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14
Q

Definition of false pretenses

A

acquisition of title to another’s property by a false representation with the intent to defraud

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15
Q

Insanity defenses

A
  1. M’Nagthen: D doesn’t know quality and nature of his actions. Did not know the wrongfulness of his acts
  2. Irresistible impulse: D unable to control movement result of mental condition
  3. ALI/MPC: D lacked the substantial capacity either to appreciate wrongfulness of his conduct or to conform his conduct to the law
  4. Durham test: not followed anywhere: D is not guilty if crime was the product of a mental disease or defect.
16
Q

4th A protections

A
  1. unreasonable search and seizures

2. exclusionary rule

17
Q

5th A protections

A
  1. privilege against compulsory self-incrimination

2. double jeopardy

18
Q

6th A protections

A
  1. right to counsel for felonies and misdemeanors punishable by imprisonment
  2. speedy trial
  3. public trial
  4. trial by jury
  5. confront witnesses
  6. compulsory process for obtaining witnesses
19
Q

Definition of exclusionary rule

A

American constitutional procedure whereby someone who has been a victim of an illegal search or a coerced confession can have the product of that illegal search or coerced confession excluded from subsequent criminal proceedings

20
Q

The 3Is

A
  1. Police would have Inevitably found the evidence
  2. Police can show an Independent source for the evidence
  3. Intervening acts of free will by D
21
Q

Test for whether Exclusionary Rule will overturn conviction

A

Harmless Error

22
Q

Definition of Terry stop

A

Police can briefly detain a person if they have Reasonable Suspicion supported by Articulable Facts of criminal activity

23
Q

Test for Reasonable Suspicion

A

Totality of Circumstances

24
Q

Model for analysis of 4th A question

A
  1. Government conduct?
  2. D have reasonable expectation of privacy?
  3. Did police have a valid search warrant?
  4. If not, did officer have a good faith belief warrant was valid?
  5. If no valid warrant and no GF belief, then is there an exception?
25
Q

Elements of a valid warrant

A
  1. PC, which means a Fair Probability that evidence or contraband will be found in searched area
  2. Particularity: warrant must state with particularity the place to be searched and the things to be seized
27
Q

Automatic categories of 4th A standing

A
  1. Own the premises searched
  2. Live on the premises searched
  3. Overnight guests
28
Q

Exceptions to GF reliance on defective warrant

A
  1. Affidavit underlying warrant lacks PC
  2. Affidavit underlying warrant lacks particularity
    3, Police or prosecutor lied to magistrate to get warrant
  3. Magistrate is biased and has abandoned neutrality.
29
Q

Proper search of vehicle incident to arrest

A

Police may search car’s interior if 1. arrestee is unsecured and may regain access to car and a weapon or 2. police Reasonably Believe that car has evidence of crime for which person was arrested.

30
Q

Exceptions to warrantless search/seizure

A
  1. Search incident to arrest. Arrest must be lawful for search to be lawful. Can search within D’s wingspan.
  2. Automobile exception: police must have PC. IF they have PC, they can search entire car and open any container that might reasonably contain the evidence sought. PC may arise after stop, but it must exist before search.
  3. Plain view: police legitimately present, evidence is immediately apparent.
  4. Consent: voluntary and intelligent
  5. Stop and Frisk: must be investigating suspicious conduct. Standard for stopping is Reasonable Suspicion. Can pat down, but only outside of clothes for safety of police
  6. Evanescent evidence, hot pursuit, special needs. Evanescent means evidence that might disappear quickly. Hot pursuit: 15 mins is most police can be behind felon.
31
Q

Definition of interrogation under 5th A Miranda doctrine

A

Any conduct where the police knew or should have known that they might elicit an incriminating response.

32
Q

When does jeopardy attach?

A

If jury trial, after jury is sworn in.

If bench trial, after first witness is sworn.

33
Q

What is Totality of Circumstances test used for?

A
  1. Judging reliability of informants
  2. Reasonable suspicion of Terry stops
  3. Miranda waivers
34
Q

What is Harmless Error test used for?

A
  1. Exclusionary Rule & improperly adduced trial evidence

2. Prosecutor’s comments on D’s silence at trial

Criminal Law/Procedure (1 decks)

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