Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BAR > Crim Law > Flashcards

Crim Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Specific Intent Crimes

A
  1. attempt
  2. solicitation
  3. assault
  4. first degree murder
  5. larceny
  6. false pretenses
  7. embezzlement
  8. conspiracy
  9. robbery
  10. burglary
  11. forgery

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

General Intent Crimes

A

False imprisonment, battery, kidnapping

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Conspiracy Elements

A

1) an agreement between 2 or more person
* Under MPC, one guilty mind is enough if they believes the other party was actually agreeing
2) the intent to enter into the agreement
3) the intent to achieve the UNLAWFUL objective of the agreement
* most states also require an overt act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Co-conspirator liability

A

Each member of a conspiracy is liable for the crimes of all other conspirators if:

1) such crimes were committed in furtherance of the objectives of the conspiracy; and
2) such crimes were a natural and probable consequence of the conspiracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Felony Murder Elements

A

1) defendant committed a felony beyond a reasonable doubt
2) the killing took place while the felony was being committed; and
3) the felony was independent of the killing
* most states also require that death is a foreseeable result of the commission of the felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Larceny Elements

A

1) a taking
2) and carrying away (asportation)
3) of tangible personal property
4) of another
5) by trespass
6) with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property
* (if taken with consent under misrepresentation then it is larceny by trick)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Attempt

A

the prosecution must establish that the defendant had and ACTUAL SPECIFIC INTENT to cause the harm prohibited by the statute and committed an ACT BEYOND MERE PREPARATION in furtherance of that intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Malice

A

Malice can be shown by

a) intent to kill
b) intent to inflict SBI
c) reckless INDIFFERENCE to an UNJUSTIFIABLY HIGH RISK to human life (Depraved Heart)
d) intent to commit a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

School Searches

A

A school search is reasonable if

1) if offers a moderate chance of finding evidence or wrongdoing
2) the measures adopted to carry out the search are reasonably related to the objectives of the search; and
3) the search is not excessively intrusive in light of the age and sex of the student and the nature of the infarction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Plain View Exception to a Warrant

A

1) PD is legitimately on the premises
2) the item is evidence, contraband, or instrumentality of a crime
3) the item is in plain view
4) the item is immediately apparent (i.e. probable cause) to be evidence, contraband, or instrumentality of a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Arson

A

The malicious burning of any structure or dwelling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Accomplice

A

One who,

1) with the intent that the crime be committed,
2) aids, counsels, or encourages the principal
3) before or during the commission of the offense.

  • mere presence is not enough
  • liable for the crime itself and other foreseeable crimes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Accessory after the fact

A

One who receives, relieves, comforts, or assists another,

knowing that he committed a felony,

in order to help the felon escape arrest, trial, or conviction.

  • liable for spare crime of “obstructing justice”
  • not liable for crime committed by the principal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Solicitation

A

Inciting, counseling, advising, urging, or commanding another to commit a crime, with specific intent that the person solicited commit the crime.

Affirmative response not required.

Under the doctrine or merger, can be convicted of only solicitation or the target offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Burglary

A

1) A breaking and
2) Entering
3) of a dwelling
4) at nighttime
5) with the intent to commit a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Robbery

A

1) the taking of personal property of another
2) from the other’s person or presence
3) by force or intimidation
4) with the intent to permanently deprive them of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Battery

A

1) intentional
2) harmful or offensive touching to
3) a person
4) resulting in injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Receipt of Stolen Property

A

1) Defendant received possession and control
2) of stolen personal property
3) known to have been obtained in a manner constitution a criminal offense
4) by another person
5) with the intent to permanently deprive the owner of their interest in it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

6th amendment right to counsel

A

A suspect has a 6th amendment right to counsel of

(1) all CRITICAL STAGES of a criminal prosecution
(2) once formal proceedings have begun, (including any post-charge show up or lineup)

A photo ID is not considered a critical stage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Lineup or Show Up Due Process

A

Violates Due process If

1) unnecessarily suggestive; and
2) there is a substantial likelihood of a misidentification
* the ID must be shown tot have been extremely suggestive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Indépendant source ID

A
  • despite an illegal lineup, a witness may make an in court ID if the ID has an independent source from factors:
    a) the opportunity to observe D at the time of the crime
    b) the ease a witness can Id the Defendant
    c) the existence or absence of prior mis-Ids
22
Q

involuntary intoxication

A

1) taking of an intoxicating substance
2) without knowledge of its nature
3) under duress
4) imposed by another, or
5) pursuant to medical advice
6) while unaware of the substance’s intoxication effect

23
Q

Defenses to Accomplice Liability

A

Withdrawal

1) if the person merely encouraged the crime, he must REPUDIATE the ENCOURAGEMENT
2) if person provided material, must do all possible to RETRIEVE MATERIAL
3) or can NOTIFY AUTHORITIES or take some action to PREVENT the commission of the crime
- must occur before the chain of events leading to the commission of the crimes becomes unstoppable

24
Q

Conspiracy Withdrawal

A

1) must communicate INTENT to withdraw to ALL OTHER conspirators BEFORE the target CRIME occurs
2) no withdrawal from liability for the conspiracy itself
* if losing co-conspirator liability, consider accomplice instead

25
Q

Attempt Defenses

A

a) Merger
b) factual impossibility (as long as the defendant believed them to be)
c) legal impossibility when the acts defendant intends to commit are not a crime
d) abandonment is not a defense AFTER SUBSTANTIAL STEPS have begun

26
Q

Common Law Murder

A

The killing of another human being with MALICE aforethought.

27
Q

First Degree Murder

A

a) Codified/statutory murder committed with remediation and deliberation.
* Made the DECISION to kill in a COOL and dispassionate manner and REFLECTED on the idea of killing, even if only for a very BRIEF period.
b) Requires specific intent

28
Q

Second Degree Murder

A

Condified/staturoy murder that is committed WITHOUT remediation and deliberation.

It typically includes those killings that occur when the INTENT IS NOT TO KILL but to commit SBI and departed heart murders.

29
Q

4th amendment Search/Seizure

A

1) The 4th amen protects citizens against unreasonable searches and seizures. the 4th amend is applicable to the states via the Due Process Clause of the 14th amend

2) Government Conduct
* To assert a 4th amend challenge, D must show GOVERNMENT CONDUCT.
* To establish gov conduct, D must show that the POLICE/GOVERNMENT were INVOLVED IN THE SEARCH OR SEIZURE.

3) Reasonable Expectation of privacy
* To assert a 4th amend challenge, D must show a REASONABLE EXPECTATION of privacy

4) Evidence obtained in violation of the 4th amend is inadmissible.

30
Q

Warrant Requirement

A

A valid warrant requires that it be issued

1) based on PROBABLE CAUSE that seizable material or evidence can be found at the premises to be searched
2) by a NEUTRAL and detached MAGISTRATE
3) with SPECIFICITY regarding the place to be searched and items to be seized

31
Q

Exclusionary Rule

A

1) evidence obtained in violation of a defendant’s constitutional rights is generally inadmissible at trial.
2) Generally not only must illegally obtained evidence be excluded, but also all evidence OBTAINED or DERIVED from the EXPLOITATION of that evidence.The courts deem such evidence the tainted fruit of the poisonous tree.
3) suppression is not required if the taint of the unconstitutional action can be attenuated

32
Q

Search Incident to Lawful Arrest

A

SIA

1) lawful arrest based on PC
2) the police may CONTEMPORANEOUSLY search a PERSON and ares within his WINGSPAN
3) police may also make a PROTECTIVE SWEEP of the area if they believe ACCOMPLICES may be present

33
Q

Hot Pursuit

A

Police in

1) hot pursuit of a FLEEING FELON
2) may make a WARRANTLESS search and seizure and
3) pursue the suspect into a private dwelling

34
Q

Evanescent Evidence

A

1) Police may seize WITHOUT warrant

2) evidence likely to disappear before a warrant can be obtained

35
Q

Consent

A

A warrantless search is valid if the police have voluntary consent.

1) knowing you have a right to withhold consent is not a prequisite to consent being voluntary
2) scope of search may be limited to scope of consent
3) consent generally extends to all areas to which a reasonable person under the circumstances would believe is extends

36
Q

Search Incident to Incarceration / Booking

A

Police Officers are allowed to conduct an inventory search of arrestees upon being booked pursuant to established department procedure.

37
Q

Stop and Frisk

A

1) a police officer may STOP a person WITHOUT PC for arrest if the officer has an ARTICULABLE and REASONABLE SUSPICION of criminal activity.
2) if the officer REASONABLY BELIVES the person may be ARMED and PRESENTLY DANGEROUS, the officer may conduct a protective FRISK of the detainee’s outer clothing to search for weapons.
3) an officer may REACH into the detainee’s clothing if the officer REASONABLY BELIEVES based on PLAIN FEEL there is a WEAPON or CONTRABAND
* the officer cannot manipulate clothing to get a better feel of the item

38
Q

Plain View

A

The police may make a warrantless seizure when they

1) are LEGITIMATELY on the premises
2) discover evidence, fruits or instrumentalities of a crime, or contraband
3) see such evidence in PLAIN VIEW
4) have PC to believe that the item is evidence, instrumentality, fruit of a crime

39
Q

Exigent Circumstance

A

Police may enter premises without a warrant to ADDRESS EMERGENCIES that could affect HEALTH OR SAFETY

40
Q

Automobile Exception

A

1) if the police have PROBABLE CAUSE
2) to believe that a vehicle is contraband, or contains fruits, instrumentalities, or evidence of a crime
3) they may search the whole vehicle and any container that might reasonably contain the items for which they have PC to search

41
Q

5th amendment Confessions

A

the 5th amendment, applicable to the states via the due process clause of the 14th amend guarantees a FREEDOM AGAINST COMPELLED SELF INCRIMINATION

To protect these rights, the Supreme Court requires police to INFORM DETAINEES of their rights via MIRANDA warnings prior to any CUSTODIAL INTERROGATION.

Statements obtained as a result of a custodial interrogation conduct without giving the warnings generally are inadmissible.

42
Q

Voluntary Manslaughter

A

Killing that would be murder except for adequate provocation.

Provocation is adequate if

1) it would AROUSE SUDDEN and intense PASSION in the mind of an ORDINARY person, causing him to lose-self control
2) defendant was IN FACT provoked
3) there was INSUFFICIENT TIME to cool off; and
4) defendant DID NOT in fact COOL OFF

43
Q

M’Naghten Rule

A

1) disease of the mind
2) caused defendant to
3) lack the ability
4) at the time of his actions
5) to know the wrongfulness of his actions; or
6) understand the nature and quality of his actions

44
Q

Irresistible Impulse

A

1) Because of mental illness
2) unable to control his actions; or
3) conform to the law

45
Q

Durham

A

1) Crime was a product of mental illness

2) and would not have happened but for the disease

46
Q

ALI or MPC

A

1) mental disease or defect
2) caused d to lack substantial capacity to
3) appreciate the criminality of his conduct; or
4) conform his conduct to the requirements of the law

47
Q

Embezzlement

A

1) fraudulent conversion of
2) personal property of another
3) by a person in lawful possession of that property

48
Q

Custodial Interrogation

A

1) a reasonable person would not feel free to leave
2) the more an environment presents the same inherently coercive pressures as a station house/ traditional arrest, the more likely the suspect is in custody
3) traffic stops generally not custodial
4) interrogation is expressly questioning; and
5) words or actions of police offers designed to elicit an incriminating response
6) spontaneous statements are not barred under Miranda

49
Q

Valid Police checkpoint

A

1) cars are stopped based on a neutral, articulable standard
2) designed to save purposes closely related to a particular problem
3) pertaining to automobiles and their mobility

50
Q

Guilty Plea

A

1) Prior to accepting a guilty plea, the judge must determine that the plea is voluntary and intelligent
2) This must be done by addressing the defendant personally in an open court on record.
3) Judge must be sure defendant understands
a) the nature of the charge and the crucial elements of the crime charged
b) the maximum possible penalty and any mandatory minimum
c) that the defendant has a right not to plead guilty, but waives the right to trial if he does plead guilty
* the remedy for a failure to meet the standards for taking a guilty please is withdrawal of the plea and pleading anew

51
Q

Kidnapping

A

1) unlawful confinement of a person that
2) involves either some movement of the victim
3) or concevaient of the victim in a secret place

52
Q

Self Defense

A

Defendant is

1) without fault
2) confront with lawful force; and
3) reasonably believe that he is threatened with imminent death or great bodily harm

BAR (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions