Crim Law/Pro Flashcards
Basic Elements of a Crime
act, Intent, Causation & Concurrence
Causation requires showing that the D’s acts were both the actual and proximate cause of the outcome
Accomplice Liability
A person is guilty as accomplice is he:
- assists or encourages* the principal with dual intents:
1) the intent to assist the principle
2) the intent that the principle commit underlying offense
Note: Person is not liable for accomplice liability - they are liable for the crime through a theory of accomplice liability! (liable for crime itself)
Intro to Murder - Statement
In order to be guilty of murder, the D must have the mens rea of malice aforethought which is satisfied in most jurisdictions with:
1) Intent to kill (first degree)
2) intent to inflict great bodily injury (second degree)
3) Depraved Heart / with reckless disregard of an extreme risk to human life (second-degree)
4) Felony Murder
First-Degree Murder
Arises when the killing is:
1) Premeditated & Deliberated - D must have killed in a dispassionate manner and must have considered or reflected on the killing even if momentarily. Look to circumstances.
or
2) Felony Murder (by state) ?
Second-Degree Murder
Arises when the killing is:
1) caused with the intent to inflict great bodily injury or
2) by acting with reckless disregard of an extreme risk to human life (depraved heart)
Note: Depraved heart usually requires that the D acted recklessly and that D’s conduct shows a “high degree of indifference to the value of human life”
Catch all
Felony Murder
Killing that occurs during the attempt or commission of an inherently dangerous felony.
The purpose of the felonious conduct must be independent of the homicide.
Voluntary Manslaughter
Is an intentional killing of a human being without malice aforethought committed in the heat of passion due to adequate provocation or imperfect self-defense (in some jx).
Adequate Provocation = looked at through the eyes of an ordinary person, D was in fact provoked, there was insufficient time to cool off (subjective), D did not cool off
Note: Not a defense to murder, but can be a mitigating factor to reduce murder to voluntary manslaughter
Involuntary Manslaughter
aka misdemeanor manslaughter.
A killing committed with criminal negligence or during the commission of an unlawful act.
The majority view is that the D must have acted recklessly.
Some state says gross negligence is enough.
Also applies when felony murder fails.
Attempt
Specific Intent Crime.
To prove attempt, Prosecution must prove:
1) the D intended to commit the crime, and
2) the D commited an overt act beyond mere preparation.
- Common Law: “dangerously close” to the crime
- MPC: D’s conduct is a “substantial step” toward the crime
Abandonment is not a defense to attempt in most states.
Criminal Defenses Generally
Capacity - Insanity, Infancy, Capacity, Intoxication
Justification - Self-Defense, Use of Force, Defense of Dwelling or Property
Other - Necessity, Duress, Consent
Duress
Defense when D performs a crime when there was a threat or use of force by another which caused a reasonable fear, that if the D did not perform the crime, either he or a 3rd person would suffer imminent death or serious bodily injury.
Duress is never a defense to intentional homicide.
Insanity Tests
Criminal Capacity Affirmative Defense. D has burden of proof.
Majority - M’Naghten Test - (D doesn’t know right from wrong). D suffered from a disease of the mind, and as a result he lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
Irresistible Impulse (D acted due to irresistible impulse): Due to a mental illness, D was unable to control his actions or conform his conduct to the law
MPC - combo of M & I - As a result of D’s mental disease, D lacked capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law
Durham - but for his mental illness, D would not have acted (D’s conduct was the product of a mental illness).
Fourth Amendment Standing Requirement - Intro
A person has standing to raise a 4th amendment challenge if has standing which occurs if he has an expectation of privacy in the thing searched or seized.
Fourth Amendment General Rule
The 4th amendment applies to searches and seizures conducts by the govt in areas where a person has a reasonable expectation of privacy.
An agent generally need a warrant, however there are many exceptions including: exigent circumstances, search incident to arrest, consent, auto exception, plain view, inventory, special needs, Terry Stock and Frisk
Plain View Exception
PO can seize w/o a warrant under the plain view exception when:
1) Officer is lawfully in a position from which they view an object,
2) its incriminating character is immediately apparent, and
3) the officer has a lawful right of access to it
Terry Stops & Frisks
The fourth amendment permits detention of an individual for a brief period of time if the police have “reasonable, articulable suspicion” that the individual has been recently involved in criminal activity.
Can frisk if reasonably thinks armed and dangerous and can get anything with plain feel.
14th Amendment - Voluntariness under the Due Process Clause
Under the Due Process Clause, a confession must be voluntary which is assessed based on: the Totality of Circumstances
Includes: 1) whether the police subjected the suspect to coercive conduct, and 2) whether the conduct was sufficient to overcome the will of the suspect
Neither the confession nor the fruits of the confession is admissible if 14th is violated.
6th Amendment Right to Counsel
Offense Specific & Automatic.
6th Amendment, as applied to the states through the 14th, provides that the accsed has the right “to have assistance of counsel for his defense”.
Attaches: when judicial proceedings have begun (accused is formally charged via indictment, arraignment, prelim hearing). - but not upon arrest.
Once attached: any attempts to deliberately elicit an incriminating statement about the offense the D is charged with, in absence of counsel or waiver, violates the 6th amendment
5th Amendment Right to Counsel & Right to Remain Silent - Generally
Not automatic, Not Offense Specific
“Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to custodial interrogation”.
5th Amendment Right to Counsel - Custodial Interrogation Definition
Custody = When there is a formal arrest, or a restraint on freedom such that D does not feel free to leave
Interrogation: Includes questioning initiated by law enforcement officers or any words/actions that the police should know are reasonably likely to incite an incriminating response.
5th Amendment Right to Counsel - Miranda Waiver & Invocation
Waiver - The Suspect must making a “knowing, intelligent, and voluntary” waiver. Low bar, look to ToC
Invocation: For both the right to remain silent and counsel, the suspect explicitly, unambiguously, and unequivocally make the request.
Fruit of the Poisonous Tree + 3 exceptions
If a violation occurs (evidence is derived or obtained from illegal govt conduct), the statements will be excluded from the P’s case in chief. The physical fruits are not excluded if the statements were made voluntarily.
Exceptions: Independent Source, Inevitable Discovery & Attenuation.
5th Amendment - Exception
Public Safety - Warnings not required if the questions are intended to protect public safety (to secure weapons after a shooting)
Automobile Exception
If PO have Probable Cause: Entire car search is OK (including opening packages)
Search Incident to Arrest - PO can search vehicle’s interior including glove box if:
1) arrestee is unsecured and can access inside or car, OR
2) PO reasonably believes evidence for which arrest was made would be found in vehicle
(what is found may then create probable cause leading to a full on car search)
