crim law and crim pro Flashcards

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

Malice Aforethought

A
  1. intent to kill
  2. intent to cause great bodily injury
  3. reckless disregard for human life
  4. intent to commit a felony
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

voluntary manslaughter

A
  1. provoked

2. imperfect self defense

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

attempt

A
  • specific intent to commit crime

- overt act beyond mere preparation

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

larceny

A
  • trespassory taking & carrying away of personal property
  • intent to permanently deprive
  • actual and proximate cause
  • coexistence of taking and intent to permanently deprive
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Embezzlement

A

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

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

False pretenses

A

-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

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

Larceny by trick

A

-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

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

Exceptions to warrant

A
  1. stop and frisk
  2. search incident to lawful arrest
  3. plain view
  4. automobile exception
  5. consent
  6. hot pursuit
  7. exigent circumstances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

stop and frisk

A

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

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