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Crim Flashcards

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1
Q

Specific intent

A
  1. Solicitation- have person do crime
  2. Attempt- intent to complete crime
  3. Conspiracy- intent to have crime completed
  4. Forgery, false pretenses, embezzlement- intent to defraud
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2
Q

Malice

A

Reckless disregard if an obvious or high risk that harmful result will occur

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3
Q

MPC mental states

A
  1. Purposeful
  2. Knowingly- awareness conduct will produce result
  3. Recklessly- conscious disregard of unjustifiably high risk
  4. Negligently- failure to be aware of substantial and unjustifiable risk
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4
Q

Accomplice intent

A
  1. Intent to assist principal

2. Intent principal commit crime

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5
Q

Conspiracy elements

A
  1. Agreement
  2. Intent to enter agreement
  3. Intent to achieve objective of agreement

Modern trend - unilateral, act in furtherance
Traditional rule- bilateral, no act needed

Chain conspiracy
Hub and spoke

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6
Q

M’naghten rule

A
  1. Disease of mind
  2. Defect of reason
  3. Unable to know wrongfulness or understand nature and quality of actions
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7
Q

Durham test

A

Crime was product of mental illness (new hampshire only)

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8
Q

Model penal code insanity test

A

Mental defect
1. Lacked substantial capacity to
A. Appreciate criminality
B. Conform his conduct to requirements of law

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9
Q

Entrapment

A
  1. Criminal design originated with law enforcement

2. Not predisposed

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10
Q

Common Law murder

A

Unlawful killing with malice aforethought

  1. Intent to kill
  2. Intent to grievous body harm
  3. Reckless indifference to unjustifiably high risk to human life
  4. Intent to commit a felony

Intentional use of deadly weapon-> permissive inference of intent to kill

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11
Q

Voluntary manslaughter

A

Murder+adequate provocation

  1. Provocation-> sudden intense passion causing loss of self control
  2. Provoked
  3. Not sufficient time to cool off
  4. Did not cool off
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12
Q

Felony murder

A
  1. BARRK felony
  2. Defendant must have committed or intended felony
  3. Distinct from killing
  4. Death foreseeable
  5. Caused before defendants flight ended
  6. Most jurisdiction- not liable for cofelons deat

Agency theory- killing must be by felon or his agent

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13
Q

Murder causation

A
  1. But for

2. Cause in fact

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14
Q

Kidnapping

A
  1. Movement

2. Concealment

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15
Q

Rape

A
  1. Intercourse

2. Lack of consent

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16
Q

Larceny

A
  1. Taking
  2. Carrying away
  3. Of tangible personal property
  4. Of another
  5. By trespass
  6. With intent to permanently deprive
17
Q

Embezzlement

A
  1. Fraudulent
  2. Conversion
  3. Of personal property
  4. Of another
  5. By a person with lawful possession
18
Q

False pretenses

A
  1. Obtaining title
  2. To personal property of another
  3. By intentional false statement
  4. With intent to defraud
19
Q

Robbery

A
  1. Taking
  2. Of personal property of another
  3. From person or presence
  4. By force or threats
  5. With intent to permanently deprive
20
Q

Extortion

A
  1. Obtaining property by means of threats to do harm

2. Crime usually complete when threats made, need not obtain property

21
Q

Receipt of stolen property

A
  1. Receiving Possession or control
  2. Of stolen personal property
  3. Known to have been obtained in a manner constituting criminal offense
  4. By another person
  5. With intent to criminally deprive owner of interest
22
Q

Burglary

A
  1. Breaking (minimal force)
  2. Entry
  3. Of a dwelling
  4. Of another ( ownership irrelevant, occupancy matters)
  5. At nighttime
  6. With intent to commit felony
23
Q

Arson

A
  1. Malicious
  2. Burning
  3. Of dwelling
  4. Of another
24
Q

4th amendment

A

Freedom from unreasonable search and seizure

25
Q

Arrest

A

Probable cause required- reasonable belief has committed or is committing a crime

Warrant required only for home arrest

26
Q

Stop and frisk

A
  1. Reasonable suspicion supported by articulable facts

2. May frisk for weapons if reasonable suspicion armed and dangerous

27
Q

Road blocks

A
  1. Reasonable articulable standard

2. Purpose related to automobiles

28
Q

Police officer mistake

A

Does not invalidate if reasonable mistake

29
Q

Car stop standing

A

Seizure of all occupants

All occupants have standing

30
Q

Warrant exceptions

A
  1. Constitutional arrest
  2. Automobile search
  3. Plain view
  4. Consent
  5. Stop and frisk
  6. Hot pursuit
31
Q

Probable cause that car contains contraband

A

May search containers/ trunk

32
Q

6th amendment

A
  1. Right to counsel
  2. After judicial proceedings have begun
  3. All critical stages of prosecution
  4. Offense specific

Remedy
Unless harmless error, automatic reversal of conviction

33
Q

5th amendment

A

Miranda warnings
1. Custodial- not free to leave
2. Interrogation- coercive pressures
Likely to elicit response

34
Q

Miranda waiver

A

Must be knowing and voluntary

35
Q

Identification due process standard

A
  1. Unnecessarily suggestive

2. Substantial likelihood of misidentification

36
Q

Exclusionary rule

A

Excluded evidence in violation if 4,5,6 amendment rights

Fruit of poisonous tree

37
Q

Co defendant confession

A

Admitted if
A. Portions referring to other defendant eliminated
B. Confessing defendant takes stand/ subject to cross
C. Being used to rebut defendants claim that confession was obtained coercively

38
Q

Double jeopardy

A

Attaches at empaneling

First witness for bench trials

Exceptions:

  1. Hung jury
  2. Successful appeal
  3. Charges reinstated after breach of plea bargain
  4. Offenses tried separately

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