Crim Flashcards
Attempt
Act done with intent to commit a crime that falls short of completing the crime
Abandonment
Not a defense to attempt at common law. MPC allows it if it abandonment is fully voluntary and complete
Deadly force (3)
A person may use deadly force in self-defense if she (1) is without fault; (2) is confronted with “unlawful force; and (3) reasonably believes that she is threatened with imminent death or great bodily harm.
Entrapment (2)
(1) the criminal design originated with law enforcement officers AND
(2) the D was not predisposed to commit the crime prior to contact by the government
Battery
Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
Assault (2)
(1) Attempt to commit a battery OR
(2) The intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.
States of mind for murder (4)
(1) Intent to kill
(2) Intent to inflict great bodily injury
(3) Reckless indifference to an unjustifiably high risk to human life
(4) Intent to commit a felony
Voluntary Manslaughter
Killing that would be murder but for the existence of adequate provocation
Adequate Provocation (4)
(1) Provocation that would arouse sudden and intense passion in the mind of an ordinary person causing him to lose self-control
(2) D was in fact provoked
(3) Not sufficient cool-off time
(4) D did not in fact cool off
False Imprisonment
The unlawful confinement of a person without his valid consent
Kidnapping
Unlawful confinement of a person that involves some movement of the victim or concealment of the victim.
Larceny (6)
(1) A taking
(2) And carrying away
(3) Of tangible personal property
(4) Of another
(5) By trespass
(6) With intent to permanently deprive that person of her interest in the property
Embezzlement (5)
(1) The fraudulent
(2) Conversion
(3) Of personal property
(4) Of another
(5) By a person in lawful possession of that property
False pretenses (4)
(1) Obtaining title
(2) To personal property of another
(3) By an intentional false statement of a past or existing fact
(4) With intent to defraud the other
Robbery (5)
(1) A taking
(2) Of personal property of another
(3) From the other’s person or presence
(4) By force or threats of immediate death or physical injury to the victim, member of his family, or some person in victim’s presence
(5) With the intent to permanently deprive him of it
Receipt of Stolen Property (5)
(1) Receiving possession and control
(2) Of “stolen” personal property
(3) Known to have been obtained in a manner constituting a criminal offense
(4) By another person
(5) With the intent to permanently deprive the owner of his interest in it
Forgery (4)
(1) Making or altering
(2) A writing with apparent legal significance
(3) So that it is false
(4) With intent to defraud
Burglary (6)
(1) A breaking
(2) And entry
(3) Of a dwelling
(4) Of another
(5) At nighttime
(6) With the intent to commit a felony in the structure
Arson (4)
(1) The malicious
(2) Burning
(3) Of the dwelling
(4) Of another
Search of Automobile Incident to Arrest
Search of passenger compartment ok if (1) arrestee is unsecured and still may gain access to the interior of the vehicle or (2) police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle
Plain View exception (4)
(1) Police legitimately on premises;
(2) Discover evidence, fruits, or instrumentalities of crime, or contraband;
(3) See such evidence in plain view;
(4) Have PC to believe evidence is related to crime or contraband
To plead guilty, D must understand: (3)
(1) Nature of the charge and the crucial elements of the crime charged
(2) Maximum possible penalty and any mandatory minimum
(3) That he has a right not to plead guilty and that if he does plead guilty, he waives the right to trial.
Attachment of Double Jeopardy
Jury trial –> empaneling and swearing of jury
Bench trial –> first substantive witness is sworn
Exceptions to Double Jeopardy permitting retrial
(1) First trial ends in hung jury
(2) Manifest necessity to abort original trial
(3) Successful appeal (but can’t be tried for a greater offense than crime of conviction)
(4) Breach of plea bargain
