Crim Essay rules Flashcards
Conspiracy definition
an agreement between two or more persons to accomplish some criminal or unlawful purpose, or to accomplish a lawful purpose by unlawful means
Conspiracy reqs
(1) an agreement (inferred by conduct, or express)
(2) an intent to enter into the agreement
(3) an intent by at least two persons to achieve the objective of the agreement; and
(4) an overt act in furtherance of the conspiracy
Co-conspirator liability rule
(1) a conspirator may be held liable for the crimes committed by their coconspirators if the crimes were committed in furtherance of the conspiracy and were foreseeable;
Accomplice liability (modern rule)
e(1) all parties to the crime (except accessories after the fact) can be found guilty of the offense if the accomplice acts with the intend to aid, counsel, or encourage the principle before or during the commission of the crime;
(2) an accomplice is responsible for the crimes they committed or counseled and for any other crimes committed in the course of committing the crime contemplated as long as the other crimes were probably and foreseeable
Burglary elements
(1) breaking and entering of
(2) a dwelling of another
(3) at nighttime,
(4) with the intent to commit a felony therein
Larceny elements
(1) the trespassory (without consent / or consent induced by fraud) taking and carrying away of tangible personal
(2) of another
(3) with the intent to permanently deprive the person of his interest in the property
Withdrawl as defense to conspiracy
Must prove:
(1) they communicated their intent to withdraw with all other conspirators before the target crime occurred;
(2) BUT there is no withdrawal from liability from the conspiracy itself
Withdrawal as defense to accomplice liability
May assert when :
(1) person voluntarily withdraws from the crime before it is actually committed by the principal
(2) if encouraged commission, requires that they repudiate the encouragement;
(3) if person assisted, must neutralize assistance;
(4) if other methods impossible, may withdraw by notifying the authorities or taking an act to prevent commission of the crime;
(5) withdrawal must occur prior to when the commission of the crime becomes unstoppable
Duress defense
Other than intentional homicide!!!!
May assert if they (1) perform an otherwise illegal act;
(2) while under threat of imminent great bodily harm,
(3) have a reasonable belief threat is going to be inflicted themselves or family member if they do not perform such conduct
When will due process prohibit introduction of an identification process?
when it is (1) unnecessarily suggestive and
(2) there is a substantial likelihood if misidentification
what does the 5th amendment privilege ?
against self incrimination from compelled self incrimination
Is a lineup identification testimonial ?
No
What might a search and seizure violate?
D’s 4th amendment rights against unreasonable searches and seizures
when are searches and seizures reasonable?
when conducted pursuant to a warrant (unless warrant exception applies)
Stop and frisk
an officer may stop a person w/o probably cause if they have an articulable and reasonable suspicion of criminal activity
