crim law and crim pro Flashcards
Malice Aforethought
- intent to kill
- intent to cause great bodily injury
- reckless disregard for human life
- intent to commit a felony
voluntary manslaughter
- provoked
2. imperfect self defense
attempt
- specific intent to commit crime
- overt act beyond mere preparation
larceny
- trespassory taking & carrying away of personal property
- intent to permanently deprive
- actual and proximate cause
- coexistence of taking and intent to permanently deprive
Embezzlement
-fraudulent conversion of personal property
-intent to defraud
-actual and proximate cause
-coexistence of conversion and intent to defraud
HAS LAWFUL POSSESSION DURING CRIME
False pretenses
-obtaining title to property by knowing false representation of past or present material fact
-intent to defraud
-actual and proximate cause
-coexistence of obtaining title and intent to defraud
THIEF OBTAINS TITLES
Larceny by trick
-obtaining custody to property by a knowing false representation of past or present material fact
-intent to defraud
-actual and proximate cause
-coexistence of obtaining custody and intent to defraud
THIEF OBTAINS POSSESSION
Exceptions to warrant
- stop and frisk
- search incident to lawful arrest
- plain view
- automobile exception
- consent
- hot pursuit
- exigent circumstances
stop and frisk
if reasonable & articulate suspicion police may:
-briefly stop and question suspect and
-frisk suspect’s outer clothing for weapons only
Police may reach into suspects clothing and seize an item if she reasonably believes the object is contraband based on its plain feel