Crim Flashcards
Specific intent
- Solicitation- have person do crime
- Attempt- intent to complete crime
- Conspiracy- intent to have crime completed
- Forgery, false pretenses, embezzlement- intent to defraud
Malice
Reckless disregard if an obvious or high risk that harmful result will occur
MPC mental states
- Purposeful
- Knowingly- awareness conduct will produce result
- Recklessly- conscious disregard of unjustifiably high risk
- Negligently- failure to be aware of substantial and unjustifiable risk
Accomplice intent
- Intent to assist principal
2. Intent principal commit crime
Conspiracy elements
- Agreement
- Intent to enter agreement
- Intent to achieve objective of agreement
Modern trend - unilateral, act in furtherance
Traditional rule- bilateral, no act needed
Chain conspiracy
Hub and spoke
M’naghten rule
- Disease of mind
- Defect of reason
- Unable to know wrongfulness or understand nature and quality of actions
Durham test
Crime was product of mental illness (new hampshire only)
Model penal code insanity test
Mental defect
1. Lacked substantial capacity to
A. Appreciate criminality
B. Conform his conduct to requirements of law
Entrapment
- Criminal design originated with law enforcement
2. Not predisposed
Common Law murder
Unlawful killing with malice aforethought
- Intent to kill
- Intent to grievous body harm
- Reckless indifference to unjustifiably high risk to human life
- Intent to commit a felony
Intentional use of deadly weapon-> permissive inference of intent to kill
Voluntary manslaughter
Murder+adequate provocation
- Provocation-> sudden intense passion causing loss of self control
- Provoked
- Not sufficient time to cool off
- Did not cool off
Felony murder
- BARRK felony
- Defendant must have committed or intended felony
- Distinct from killing
- Death foreseeable
- Caused before defendants flight ended
- Most jurisdiction- not liable for cofelons deat
Agency theory- killing must be by felon or his agent
Murder causation
- But for
2. Cause in fact
Kidnapping
- Movement
2. Concealment
Rape
- Intercourse
2. Lack of consent
Larceny
- Taking
- Carrying away
- Of tangible personal property
- Of another
- By trespass
- With intent to permanently deprive
Embezzlement
- Fraudulent
- Conversion
- Of personal property
- Of another
- By a person with lawful possession
False pretenses
- Obtaining title
- To personal property of another
- By intentional false statement
- With intent to defraud
Robbery
- Taking
- Of personal property of another
- From person or presence
- By force or threats
- With intent to permanently deprive
Extortion
- Obtaining property by means of threats to do harm
2. Crime usually complete when threats made, need not obtain property
Receipt of stolen property
- Receiving Possession or control
- Of stolen personal property
- Known to have been obtained in a manner constituting criminal offense
- By another person
- With intent to criminally deprive owner of interest
Burglary
- Breaking (minimal force)
- Entry
- Of a dwelling
- Of another ( ownership irrelevant, occupancy matters)
- At nighttime
- With intent to commit felony
Arson
- Malicious
- Burning
- Of dwelling
- Of another
4th amendment
Freedom from unreasonable search and seizure
Arrest
Probable cause required- reasonable belief has committed or is committing a crime
Warrant required only for home arrest
Stop and frisk
- Reasonable suspicion supported by articulable facts
2. May frisk for weapons if reasonable suspicion armed and dangerous
Road blocks
- Reasonable articulable standard
2. Purpose related to automobiles
Police officer mistake
Does not invalidate if reasonable mistake
Car stop standing
Seizure of all occupants
All occupants have standing
Warrant exceptions
- Constitutional arrest
- Automobile search
- Plain view
- Consent
- Stop and frisk
- Hot pursuit
Probable cause that car contains contraband
May search containers/ trunk
6th amendment
- Right to counsel
- After judicial proceedings have begun
- All critical stages of prosecution
- Offense specific
Remedy
Unless harmless error, automatic reversal of conviction
5th amendment
Miranda warnings
1. Custodial- not free to leave
2. Interrogation- coercive pressures
Likely to elicit response
Miranda waiver
Must be knowing and voluntary
Identification due process standard
- Unnecessarily suggestive
2. Substantial likelihood of misidentification
Exclusionary rule
Excluded evidence in violation if 4,5,6 amendment rights
Fruit of poisonous tree
Co defendant confession
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
Double jeopardy
Attaches at empaneling
First witness for bench trials
Exceptions:
- Hung jury
- Successful appeal
- Charges reinstated after breach of plea bargain
- Offenses tried separately
