CRIM Flashcards
Murder - Intent to Kill / Premeditated
- SPECIFIC intent
never infer intent
Murder - Intent to Inflict Serious Bodily Injury
Just want to injure someone, but they die
Murder - Felony Murder
Death resulting from commission of dangerous felony:
burglary; arson; rape; robbery; kidnapping (BARRK)
Murder - Depraved Heart
Reckless disregard of human life (no intent)
- should have known & acted anyway
- reckless = malicious
- presence of people = act is reckless
Manslaughter - Voluntary
Provocations, heat of passion, no time to cool off
- something provoked you
- glazed by heat of passion
- snapped / reacted
- GENERAL INTENT
Manslaughter - Involuntary
Acted negligently and somebody died
- No people present = act was likely negligent
Attempt
- criminal intent to commit the crime;
- overt act or substantial act / step to commit the crime
didn’t actually commit the crime
IF THE QUESTION ASKS ABOUT THE ATTEMPT, THE ANSWER HAS TO BE ABOUT THE ELEMENTS OF ATTEMPT
Merger
If you attempt and are successful -> merges and you’re only found guilty of the crime itself
Conspiracy
2 or more people agree to commit a crime with the intent that they will
Conspiracy - MPC (Unilateral)
if a single individual has the intent to commit a crime, that’s enough to be guilty of conspiracy
Co-Conspirator Rule
Once there is a conspiracy, any crime committed by 1 conspirator means the other conspirator will be guilty of all those crimes as long as they’re foreseeable following from the conspiracy
Withdrawal
you cannot withdraw from the conspiracy
- even if you change your mind
- BUT: can withdraw from other crimes if you provide notice to your co-conspirator or to the cops, PRIOR to the crime being committed.
Solicitation
Encouraging (offering / motivating someone to commit a crime with the intent to do so)
Burglary
Breaking, entering dwelling of another at night with intent to commit a felony
Breaking: any opening or enlarging of an entrance or doorway
Entering: any part of your body counts
At Night: they’ll tell you
Intent: Nothing bad has to happen, just have to have the criminal intent when you broke and entered
Larceny
Trespassory Taking away of personal property with intent to permanently deprive
Trespassory Taking: touching someone else’s property without their permission
Away: a cm is enough
Robbery
Intentionally taking personal property with force / intimidation
same as larceny, but you used force, fear, or intimidation
Always look at it from the POV of the witness
Assault
Intent to commit a battery OR place another in imminent apprehension
- words alone are NOT enough. need some sort of physical evidence
two versions:
1. intent to commit a battery;
2. intentionally placing one in imminent apprehension of harm
Larceny by trick
taking POSSESSION by misrepresenting of fact
- lies; false statements
- look for something about a false statement that caused you to cave
Ex: just gave you keys and you have them for 1000 years – you still only have possession
False Pretenses
Obtaining title by misrepresenting of fact
- lies; cheat; false statement to get TITLE
- they have to tell you that the person obtained title
- look for a give and get transaction (buy-sell; barter-exchange)
Embezzlement
Initially in possession with permission, then covert to own use - holding/protection of property
- in lawful possession of the property of another and then convert it
- in lawful possession to hold & protect, but instead you convert it for your own use
Accomplice Liability/ Accessory BEFORE the fact
Aid, abet, help someone achieve the crime
- before the crime has been committed
- knowledge alone is not enough
if the crime is successful, the accomplice can also be guilty for the crime they helped with
Accessory AFTER the Fact
know of completed crime and do something to stop arrest or conviction
- knowledge alone not enough
never guilty of what the crime was, only guilty of being an accessory after the fact
Battery
Unlawful application of force
- as long as you hit someone without their permission, you’re guilty
- no intent needed
Arson
Malicious (aka reckless) burning of the dwelling of another
- should have known and you did it anyway
Rape
usually tested by statute
- if act is committed, no intent is needed
Kidnapping
if act is committed, no intent is needed
Intoxication
Applies to SPECIFIC intent crimes
- voluntary: defense to specific intent crimes
Insanity
McNaughton Test: Can’t appreciate the nature or quality of what you did. Don’t know it’s wrong.
- legally insane / mental disease
Mistake
- Specific intent: any mistake, whether reasonable or not, will be a defense
- General intent: mistake has to be reasonable
Legal Impossibility
No matter what I did, it did not amount to a crime
- will always be a defense
- legally, it’s impossible for me to be guilty
- elements were NOT MET
Factual Impossibility
Facts were not what I though, but still committed crime
- never a defense
- elements WERE MET
legal and factual impossibility testing trick
always go by the elements
- if met –> factual impossibility (guilty)
- if not met –> legal impossibility (not guilty)
Who can conduct a “search”
Government official (ie cop) OR one under direction of government (can be a normal person, but Q will tell you whether under gov direction)
What is a search
Search = where you have expectation of privacy
*reasonable expectation; some sort of enclosure
**open fields = no expectation of privacy = no search
When can they search?
if they have probable cause = reasonable person could conclude items related to criminal activity can be found at the location
Warrants
if there is a search, you generally need a warrant
- neutral and detached magistrate determines probable cause issued timely
- specific place, items and/or people and scope detailed in warrant
- informants tip is ok to rely on as long as reliable
- if cops rely on info which turns out not to be valid, search is still ok
Scope of Warrants
- once cop finds what they were looking for, per warrant, no further searching is allowed
- cop cannot exceed scope of search
- anything out in the open = admissible because not a search
Exceptions to Warrants
(when a warrant is not required)
(1) consent: owner of property may consent OR 3rd party who has actual or apparent authority
(2) Hot Pursuit
(3) Auto Exception - Probable cause that the car has contraband
i.e. amber alert and your car matches description - can search entire care
(4) Exigent Circumstances: Emergency - reasonable belief that evidence may be lost or destroyed
NEVER infer emergency
(5) Search incident to a lawful arrest: person/area within ones wingspan
(6) Protective Sweep allowed if reasonable belief other SUSPECTS are in house
(7) Stop & Frisk: Cops need reasonable suspicion that criminal activity is afoot
- may be stopped to ask you questions if reasonable suspicion
- may frisk if there is reasonable suspicion of weapons on you
Warrants & Getting Pulled Over
- if illegal stop (stopped for no reason), anything found = inadmissible
- if legal stop (i.e. speeding), can give you a ticket, but cannot search a closed compartment unless additional probable cause is found
Testing Approach for Searches & Seizures
look at facts as a timeline:
- what was 1st interaction with cops/defendant
- why did the cops stop the car
- why did they enter the house
don’t concentrate on what they found! always look as to WHY were they looking initially.
Miranda Generally
When taken into custody, Miranda rights must be given. If defendant asks for Attorney, ALL questions must STOP
Custody
You are in custody when you are not free to leave
- reasonable person standard: if a reasonable person would not feel free to leave
Interrogation
Interrogation: Cops know or should know actions are reasonably likely to elicit incrimination response
- only awarded miranda rights if there was a custodial interrogation
Waiving Miranda rights
Must be voluntary = totality of circumstances - no duress, coercive behavior, look at age, education, experience
- ex: suspect starts talking on their own = waiver
- have to understand consequence of waiving
- never infer waiver
Double Jeopardy definition
Defendant cannot be tried for the same crime twice
- has to be trial #1 in order for rule to apply
No Double Jeopardy
If Grand Jury fails to Indict, pretrial hearing, anything that occurs PRIOR TO TRIAL STARTING = no double jeopardy
when does trial #1 begin
- attaches in jury trial: when jury is impaneled and sworn
- attaches in non-jury trial: when 1st witness is sworn
when does trial #1 end
When there is a final judgment - on the merits
must be final judgment in first case in order for double jeopardy to attach
Double Jeopardy Exception (after a final judgment)
Sovereign Rule:
- Can be tried in another state
- Can be tried in Fed Ct
if same state, but in a different county, double jeopardy applies
Estoppel
Legally stopped from trying you because need an element from another crime to find you guilty for this crime
- i.e.: not guilty for robbery –> cannot try you for felony murder
Right to Jury Trial
Right to impartial jury where imprisonment of more than 6 moths is possible.
Right to Counsel
Before indictment = you have 5th amendment right to counsel
- after indictment = you have 6th amendment right to counsel
- you have right at all critical stages of proceedings
