Crim! Flashcards
Merger
Solication mergers with conspiracy, and underlying
Conspiracy does not merge
Attempt will merge with underlying
Specific intent crimes
Soliciation, Conspiracy, Attempt, first degree premeditated murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery
SCA
FA
LEF
RB
F
MPC recklessness: consciously disregarding substantial and unjustifable risk
MPC negligence: failure to be aware fo a substantial and unjustifiable risk
Accomplice liability
(i) intent to assist principal and (ii) intent that principle commit underlyng crime
(ii) aids, counsels, advises, or encourages before or during teh commission of the crime
criminal negligence
(1) fails to be aware of a substantial and unjustifiable risk
(ii) failure constitutes a substantial deviation from standard of care that RP would have eercised
Trasnferred intent
applies to homicide, battery, arson only
Liable for co-conspirator if
in furtherance of conspiracy and f
forseeable
Conspiracy - withdrawal
can’t withdraw from conspiracy, can withdraw from crimes commited in furtherance
Third party deaths in felony murder
Proximate case: D liabile for death of third parties caused by smomoen OTHER than co-felon (but for the commission of that felony, person would still be alive)
Agency theory: D only liable for deaths caused by co-felon
NOT liable for death of co-felon
Murder + imperfect self-defense; murder but provocation
voluntary manslaughter!
car driving negligently?
involuntary manslaughter - criminal negligence
misdemeanor manslaughter - involunatary also
Murder requires causation
proximate (natural and forseeable)
but-for
simultaenous acts of two or more persons may be independently sufficient causes of a single result
D poisoned V, but V died of cancer first - D not guilty, unless sped up something that was bound to happen
UNforseeable risk can break causation (negligent medical care, refusal of medical treatment are forseeable)
‘first degree premeditated and alcohol
drops to second-degree murder
robbery
Rotaking personal property of another from their person or precense (including visciniity! - e.g., purse on subwy car next to)
by force or threats of immediate injury with intent to permanently deprive
force = used to gain possession or immediatley keep possession
M’N
does not know what is wrong or does not understand actions
irresistable impusle
can’t ressist impulse
MPC
lack substantial capacity to confirm conduct to requirement sof law or appreciate the criminality of their conduct
self-defense
without fault, confronted with unlawful force, reasonably believes that they are threanted with imminet death or great bodily harm
probable cause definition
trusthworthy facts or knowledge sufficient for reasonable prson to believe that suspect has committed or is commiting a crime of rhwihc arrest is authroized by law
Cars - search incident to lawful arrest
(1) unsecured or (2) reason to believe evidence in car
Can look in passenger compartment
automobile exception
probable cause contains evidence
can look anywhere in car where item could be found (including trunk)
automobile stopped to issue citation
if believe detainedd is armed and dangerous, can search anywhere in passenger compartment where there could be a weapon
Terry stop
reasonable beleivf and articularble suspicion
right to speedy trial
defendant has to be arrested or charged
right to counsel for NON felony violated AT trial
if D asks for counsel, is denied, and is convicted, right to counsel violatino depends on sentence: if no impisonment, rights haven’t been violated. if imprisonment, has been
Felony; always violated
ineffective assistance claim
(1) deficiency and
(2) reasonable probability that but for deficiency, result would have been different
confrontation?
cirminal D, unaviaable, witness, right to cross-examine
Prior testimonial evidence (preliminary hearing, grand jusry, former trial, police interrogation, except ongoing emergency)
right to jury
serious offenses - impirsonment more than 6 months possible
guilty plea
knowing and voluntary, intelligent
Judge must address D to ensure knows nature of charte, max possible charge, righ tot pelad not guilty, righ tot wavie tria,
guilty plea impacts
does not waive 4th amendment claims in civil damages
does not admit legality of incriminating evidence
can be used as a conviction in other proceedsings
plea bargaining
judge does not have to accept
not involuntariy just becuase prosecution threatened ot charge with more serious crime
sententing
D has righ tot counsel
Double jeopardy
attaches in jury trial at empaneling and swearing of jury
in bench trial - first witness sworn
if defendant elects for separate trials of offenses
double jealpardy doe snot apply
DJ
f breach plea agreement, can bring charges again (e.g., testimony in exchange for lower offense)
Depraved heart murder
life endangering conduct (objective)
consicous disregard for human life/reckless indifference to human life
CL crim negligence
requires deviation from standard of care RP would have exericsed + failure to be aware of substantial and unjustifiable risk
felony murder
death caused whiel fleeing (but not at place of safety) counts as socmmission of the felony
larceny
if later change your minda nd return it, still gulty of lareeny
self-defense
justification - wont’ be liable at all if ALL elements are met
