Crim Law MEE Rules Flashcards
Causation requires a showing that…
D’s acts were both the actual and proximate cause of the injury.
Proximate cause
P’s injury was a foreseeable outcome of D’s conduct.
Actual cause
“But for” D’s conduct, P’s injury would not have occurred.
Accomplice requirements
(1) intent to assist the principle and intent for the principle to commit the crime, (2) act of aiding, counseling, or encouraging principle in commission of the crime.
Receipt of stolen property
Receiving possession and control of stolen personal prop. known to have been stolen by another with intent to permanently deprive owner.
Burglary
(1) Breaking and entering the dwelling of another, (2) with intent to commit a felony therein.
Arson
Malicious burning of the dwelling of another. Must actually be damage to structure.
Fruit of the Poisonous Tree
Prohibits intro of evidence obtained in violation of the 4th, 5th, an 6th Amendments.
Exceptions to Fruit of Poisonous Tree
(1) Stmts in viol. of Miranda, (2) Indep. source, (3) Inevitable discovery, (4) Intervening act of free will by D, (5) Violation of knock and announce.
Good faith defense
Reliance on judicial opinion, statute or ordinance, or defective warrant.
Harmless error
Admission of illegal evidence will overturn conviction unless gov’t can show beyond a reasonable doubt that error was harmless.
Arrest requirements
PC + warrant if D is @ home, reasonable suspicion if in car.
Search incident to arrest
search contemporaneous in time and place, limited to wingspan of individual.
Automobile search
Incident to arrest = interior of car but no trunk, PC = full search, including containers
Plain view
(1) Officer legitimately on premises and (2) paraphernalia in plain view
Stop and frisk
Stop = if reasonable suspicion of criminal act supported by articulable facts, Frisk = if reasonable suspicion that suspect is armed and dangerous
Waiver of Miranda
Must be knowing, voluntary, and intelligent
Solicitation
Asking someone to commit a crime w/intent that the person commit the crime (merges into conspiracy after agreement)
Conspiracy
(1) Agreement, (2) Intent to agree, and (3) Unlawful objective
Attempt
Specific intent to commit the crime + substantial step beyond mere preparation
M’Naghten insanity test
At time of conduct, D lacked ability to know wrongfulness of actions or nature/quality of actions.
Irresistible impulse insanity test
D lacks capacity for self control and free choice.
MPS/ALI insanity test
D lacked capacity to (1) appreciate criminality of his conduct or (2) conform conduct to law.
Battery
Unlawful application of force resulting in bodily injury or offensive touching.
Assault
Attempted battery or threat of bodily injury.
First-degree murder
Intent to kill with premeditation and deliberation.
Second-degree murder
Intent to inflict great bodily harm or acting with disregard to an extreme risk to human life (depraved heart murder).
Felony murder
Killing that occurs during the commission of a felony, attempt to commit a felony, or flight from a felony.
Voluntary manslaughter
Intentional killing of another without malice aforethought, committed in the heat of passion due to adequate provocation.
Involuntary manslaughter
D causes death of another by engaging in conduct that creates an unreasonable risk of death or serious bodily injury.
Larceny
Taking and carrying away of personal property of another by trespass w/intent to permanently deprive.
Embezzlement
Fraudulent conversion of personal property of another by lawful possession of that property.
False pretense
Obtaining title to personal property of another by an intentionally false statement of past or existing fact w/intent to defraud.
Robbery
Taking of personal property of another by force or threat of imminent death/injury with intent to permanently deprive.
