crim law and crim pro

Question 1

Malice Aforethought

Answer 1

1. intent to kill
2. intent to cause great bodily injury
3. reckless disregard for human life
4. intent to commit a felony

Question 2

voluntary manslaughter

Answer 2

1. provoked

2. imperfect self defense

Question 3

attempt

Answer 3

• specific intent to commit crime

- overt act beyond mere preparation

Question 4

larceny

Answer 4

• trespassory taking & carrying away of personal property
• intent to permanently deprive
• actual and proximate cause
• coexistence of taking and intent to permanently deprive

Question 5

Embezzlement

Answer 5

-fraudulent conversion of personal property
-intent to defraud
-actual and proximate cause
-coexistence of conversion and intent to defraud
HAS LAWFUL POSSESSION DURING CRIME

Question 6

False pretenses

Answer 6

-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

Question 7

Larceny by trick

Answer 7

-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

Question 8

Exceptions to warrant

Answer 8

1. stop and frisk
2. search incident to lawful arrest
3. plain view
4. automobile exception
5. consent
6. hot pursuit
7. exigent circumstances

Question 9

stop and frisk

Answer 9

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