Crim Law/Pro Flashcards
Knock and Announce Rule
In executing a SW: cops must knock and announce purpose; wait reasonable time for response
EXCEPTION: Reasonable suspicion that knocking would be dangerous or futile
**Exclusionary Rule does not apply to Knock and Announce violations
Plain View Exception to Warrant Requirement
Police are: (1) legitimately on the premises;
(2) discover evidence of a crime or contraband;
(3) see evidence in plain view
Conspiracy
At C/L (bilateral approach):
(1) agreement between 2 or more persons
(2) intent to enter into an agreement;
(3) intent to achieve objective of agreement
NOTE: Modern statutes require an over act (mere preparation sufficient) (IL requires this)
W/D no defense to conspiracy itself (IL), but subsequent crimes
Double Jeopardy
2 crimes do not constitute same offense if each requires proof of additional element (lesser and greater offense are same if lesser includes some but not all elements of greater crime)
Assault
(Specific Intent Crime)
Attempt to commit battery OR
intentional creation of apprehension other than by mere words of imminent bodily harm
Murder
(1) Unlawful killing of another with (2) malice aforethought (premeditated; felony murder; depraved heart; intent to inflict serious bodily harm); and (3) causation
Burglary
(1) Breaking (actual or by fraud) (open window not sufficent breaking) and (2) Entering (any body part) (3) of the dwelling (4) of another (occupancy NOT ownership) (5) at night (6) with intent to commit felony
Larceny
(1) Taking and carrying away (smallest movement) of (2) property of another (belief that it is yours is defense) (3) by trespass (4) with the intent to permanently deprive of (or for an unreasonable amount of time)
NOTE Larceny by trick is inducing V to give up possession by misrepresentation
Self Defense
Can be used even if the use of force can be avoided by retreating. Use of DF allowed if (1) w/out fault (2) confronted w/ unlawful force; and (3) reasonably belief of threat of deadly imminent harm
Self Defense of Original Aggressor
No right to use deadly force in defense but regains right if (1) attempting to withdrawal and communicating W/D or (2) original victim escalates minor fight into one with deadly force w/out the chance to retreat
Arson
Malicious burning (charring) of the dwelling of another
Accomplice
(1) Intent crime be committed
(2) Aids, encourages, or assists; principal to commit crime
Liable for crime itself and all other foreseeable crimes
W/D - repudiate, neutralize or contact police
*In IL - common criminal design rule - accomplice can be convicted as same crime as principal
Accessory After the Fact
(1) Receives, comforts, or assists another
(2) knowing he committed felony
(3) to escape arrest, trial or conviction
Co-Conspirator Liability
Death during course of conspiracy makes members liable if occurred in furtherance of crime and foreseeable
Abandonment
(1) Fully voluntary and not b/c difficulty of completing the crime or apprehension; and
(2) manifest renunciation of criminal purpose, NOT just postpone
Duress (as a Defense)
(1) Act under threat of imminent death or harm; and
(2) Reasonable belief
* Defense to all crimes EXCEPT HOMICIDE
* Diff from necessity, which is pressure from natural forces
Merger
Only solicitation and attempt merge into the substantive offense (NOT CONSPIRACY)
**In IL can be convicted of conspiracy and solicitation
MPC Mental States
Purposely - conscious objective
Knowingly - aware conduct will cause result
Recklessly - conscious disregard to substantial, unjustifiable risk
Negligently - fails to be aware of risk
Solicitation
Asking someone to commit a crime (person does not have to agree)
Merges with substantive crime if performed and turns into conspiracy when the other person agrees
FACTUAL IMPOSSIBILITY NO DEFENSE
Attempt
(1) specific intent to commit crime
(2) overt act in furtherance (substantial step; more than mere preparation)
Once subs. step taken, abandonment is no defense
Factual impossibility no defense (legal yes)
Insanity (4 types)
IL requires C&CE by defendant
M’Naughten - lacked ability to know wrongfulness or understand nature and quality of actions
Irresistible Impulse - lacked capacity for self-control
Durham - conduct was product of mental illness
MPC - lacked ability to conform conduct to law
Intoxication as a Defense
Voluntary intox defense to SI crimes
Involuntary intox is form of insanity and defense to all crimes
Infancy as a Defense
Under age 7 = no criminal liability
Under 14 = rebuttable presumption of no crim liability
Mistake of Fact
Defense only when it negates intention (i.e. SI crime)
Only defense to Malice/GI if reasonable
Entrapment as a Defense
(1) Criminal design originated with law enforcement
(2) D not predisposed to commit the crime
Battery
(1) Unlawful application of force to the person
(2) resulting in harmful contact or offensive touching
Felony Murder
(1) Killing committed during the course of a felony
If defense to underlying felony, then defense to felony
D not liable for death of a co-felon as a result of resistance by victim or police
Voluntary Manslaughter
(1) heat of passion from adequate provocation in mind of ordinary person (sleeping in bed w/ spouse)
(2) Not sufficient time to cook off
(3) Did not cool off between provocation and killing
Kidnapping
(1) Confinement of a person
(2) with some movement or concealment
Embezzlement
(1) Lawful possession of property of another
(2) conversion
False Pretenses
(1) Misrepresentation to persuade owner
2) to convey TITLE (larceny by trick if only possession
Robbery
(1) Taking of personal property
(2) of another, or in presence of another
(3) by force or threat
(4) with intent to permanently deprive
Exclusionary Rule Does not Apply to…
(1) Grand jury proceedings
(2) civil proceedings
(3) parole revocation
(4) Impeachment of D’s trial testimony (including miranda violations, but not involuntary if coercion)
(5) Knock and Announce
Fruit of the Poisonous Tree Doctrine
Exclude all illegally seized evidence based on police illegality (NOT MIRANDA) except (1) independent source, (2) inevitable discovery, (3) acts of free will
Investigatory Detentions (Terry Stop)
(1) Reasonable suspicion (totality of circumstnaces)
(2) based on articuable facts (NOT HUNCH)
Frisk allowed if reasonable belief that they are armed and dangerous
Search and Seizure
(1) Government conduct (cop or priv. ind. at direction)
(2) Reasonable expectation of privacy
(3) Valid Search Warrant
(4) If no SW, good faith reliance by cop
(5) Exception to Warrant requirement
Reasonable Expectation of Privacy
Standing - Own, live on or overnight guest No Standing (9) - sound of voice, handwriting, paint of car, bank records, location of car, open fields, public airspace, odors from luggage, garbage on the curb
Search Warrant Requirements
(1) Probable Cause - fair probability
(2) Particularity - place and things to be searched
Good Faith Defense to Warrant
Overcomes defects in warrant unless no reasonable officer would have relied, lied to judge or judge is biased
Exceptions to Warrant Requirement (6)
(1) Search Incident to Arrest - person and things in reach
Note - search interior of car (not trunk) only if unsecured or reasonably believe evidence of arrest will be found in vehicle
(2) Automobile Exception (including trunk) - must have probable cause before anything or anyone is searched
(3) Plain View - cops legitimately present and item immediately apparent
(4) Consent - voluntary (if 2 people, non-consent controls)
(5) Stop and Frisk - reasonable suspicion limited to pat down to search for weapons [in IL no need to answer questions of police]
(6) Evanescent Evidence, Hot Pursuit (w/in 15 min) and Special Needs
Public School Searches
Warrantless searches permissible to investigate violations of school rules only if (1) moderate chance of finding, (2) reasonably related to search and (3) not accessibly intrusive
Miranda Warnings
(1) Custodial (not free to leave; does not include probation interview or traffic stops)
(2) Interrogation - elicit an incriminating response
Invoking Miranda Rights
(1) Right to remain silence - unambiguous
(2) Right to counsel - unambiguous request and questioning stops until attorney or accused initiates
Right to Counsel
(1) 5th Am - invokes miranda rights; not offense specific
(2) 6th Am - offense specific
Right to counsel not included for blood, handwriting sample, pre-charge lineup [included in IL], parole proceedings, fingerprints
*IL DP CLAUSE - if attorney arrives at station claiming to represent detainee, cops cannot prevent him from doing so
Pretrial ID
(1) Denial of Right to counsel at post-charge lineups
(in IL attaches as soon ad adversary proceedings)
(2) Denial of DP - unnecessarily suggestive
