Crim Law Flashcards
Accomplice
a person who aids or encourages another to commit the illegal conduct
must have the same mens rea that is required on the part of the actual perpetrator of the target crime
liable for the original crime and other foreseeable crimes committed by the principal in furtherance of the crime
Murder
the unlawful killing of another human with malice aforethought.
Malice refers to the mens rea required for a murder conviction.
Malice aforethought arises when the D commits the unlawful killing with one of the following mental states:
(1) intent to kill,
(2) intent to inflict great bodily harm or depraved/malignant heart (a killing committed w/ reckless indifference to an unjustified risk of human life).
Common law murder is not a specific intent crime.
For a homicide conviction, the D’s act must have been the proximate cause of the death of a victim
Manslaughter
a killing committed w/ reckless or criminal negligence, or during the commission of an unlawful act. The term “criminal negligence” essentially describes a D’s simultaneous understanding and disregard of a substantial risk of harm. This is a lesser degree of homicide than murder
Burglary
breaking and entering into the dwelling of another, at nighttime, with the specific intent to commit a larceny or felony therein.
Miranda rights
(i) He has the right to remain silent;
(ii) Anything he says can be used against him in court;
(iii) He has the right to the presence of an attorney; and
(iv) If he cannot afford an attorney, one will be appointed for him if he so desires.
If a detainee invokes his Miranda right to counsel, the police may NOT question him about an unrelated crime.
Waiver of Miranda rights
A waiver will be valid if it was knowing, voluntary, and intelligent.
When do Miranda rights apply?
the Fifth Amendment right to counsel under Miranda applies only to custodial interrogations by the police or one known to be an agent of the police
When does jeopardy attach to a jury trial?
Jeopardy attaches in a jury trial when the jury is empaneled and sworn. Under the Fifth Amendment right to be free of double jeopardy, a defendant may not be retried for the same offense once jeopardy has attached.
Robbery
the taking and carrying away of the personal property of another from the other’s person or presence by force or intimidation
Larceny
(i) a taking;
(ii) and carrying away;
(iii) of tangible personal property;
(iv) of another;
(v) by trespass;
(vi) with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.
Malice aforethought
(i) intent to kill;
(ii) intent to cause serious bodily harm;
(iii) the depraved heart killing (a reckless indifference to an unjustifiably high risk to human life); or
(iv) the commission of a felony
Involuntary manslaughter
unintentional killing that results from criminally negligent conduct
mens rea of criminal negligence: fails to be aware of a substantial and unjustifiable risk, and this fails constitutes a substantial deviation from the standard of care that a reasonable person would have exercised in the same situation
some states use a recklessness standard for involuntary manslaughter and require that the person consciously disregard a substantial and unjustifiable risk
M’Naghten rule
a defendant is entitled to an acquittal if the proof establishes:
(1) a disease of the mind
(2) caused a defect of reason,
(3) such that the defendant lacked the ability at the time of his actions to either (A) know the wrongfulness of his actions or (B) understand the nature and quality of his actions.
Larceny by trick
victim consents to D taking possession of the property but consent is induced by misrepresentation or deceit
If a victim intends to convey only possession of the property to the defendant, the offense is larceny by trick. However, if the victim intends to convey title, the offense is false pretenses.
Embezzlement
the misappropriation of property of another by one who is in rightful possession of it
tends to come up when there’s a bailment
False pretenses
(1) obtains title
(2) by false representation
(3) of a material present or past fact
(4) w/ intent to defraud the victim
If a victim intends to convey only possession of the property to the defendant, the offense is larceny by trick. However, if the victim intends to convey title, the offense is false pretenses.
Attempt
(1) the specific intent to commit the target offense, &
(2) an overt act in furtherance of that attempt (substantial step)
doctrine of transferred intent doesn’t apply to attempt
Arson
the malicious burning of the dwelling house of another
malicious: intent or reckless disregard for whether it would result
specific intent crime
Voluntary intoxication
only a defense to a specific intent crimes and only applies if the intoxication negates the requisite mental state for the charge
Exception: if you have the intent to commit a crime, and then you drink to work up your nerve, no defense
Specific intent crime
crime that requires that the D do that act w/ intent to do the underlying offense
Conspiracy
(i) an agreement between two or more persons;
(ii) an intent to enter into an agreement; and
(iii) an intent to achieve the objective of the agreement.
In addition, most states require an overt act in furtherance of the conspiracy, although an act of mere preparation will usually suffice.
each person who took part in the planning of a crime is liable for the crime of conspiracy
one member of a conspiracy is liable for all crimes of her co-conspirators if those crimes were foreseeable and committed in furtherance of the conspiracy objective. Even if the co-conspirator is not present and took no physical part in the crime , she can be held liable
Duress
not a defenses to murder (intentional homicide)
Under this defense, a person is not guilty of an offense, other than intentional homicide, if he performs an otherwise criminal act under the threat of imminent infliction of death or great bodily harm, provided that he reasonably believes death or great bodily harm will be inflicted on himself if he does not perform such conduct.
Exclusionary rule
does not apply in grand jury proceedings
Automobile search
a search incident to a lawful arrest doesn’t extend to the trunk
