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Attack Cards > Crim Law/Pro > Flashcards

Crim Law/Pro Flashcards

1
Q

Elements of a crime

A

Must prove all elements beyond a reasonable doubt

  • Actus reus (voluntary act)
  • mens rea
  • causation (actual and proximate)
  • Concurrence (mental and physical act occur at same time)
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2
Q

Mens Rea: Types of Intent

A

Purposeful: conscious objective to engage in conduct

Knowingly: aware that conduct would cause a certain result

Reckless: Consicous disregard of a substantial and unjustifiable risk (voluntary intoxication is reckless)

Criminal negligence: failure to perceive a substantial and unjustifiable risk AND failure is a gross deviatino from standard of care

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3
Q

Willful blindness standard

A

Majority of states observe this

Person deemed to act knowingly when they are aware that certain facts are highly probable or they are intentionally ignorant to certain facts

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4
Q

Murder

A

Unlawful killing of a person with malice aforethought.

Under MPC requirements - killing of a person committed:

  • purposely or knowingly, OR
  • recklessly under situations manifesting extreme indifference to the value of human life
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5
Q

Malice aforethought

A
  • an intent to kill
  • an intent to inflict great bodily injury, OR
  • reckless indifference to human life
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6
Q

Felony Murder

A

Any killing committed during the commission or attempt of a dangerous felony

EXCEPTION - Once reached “safe place”, if someone killed, no felony murder anymore

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7
Q

Voluntary manslaughter

A

Intentional killing of a person with adequate provocation

  • must be provoked
  • reasonable person would have been provoked
  • no cooling off time
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8
Q

Involuntary manslaughter

A

unintentional killing of a person committee recklessly OR misdemeanor murder rule

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9
Q

Battery

A

unlawful application of force resulting in bodily injury or offensive touching

Aggravated: deadly weapon, serious bodily harm, to a child, woman or police

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10
Q

Assault

A

Attempted battery OR creation of reasonable apprehension of imminent bodily harm

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11
Q

Robbery

A

Taking and carrying away of personal property of another, in their presence, by use of force or threat of force with intent to permanently deprive

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12
Q

Burglary

A

Breaking and entering of a dwelling of another at night with intent to commit a felony

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13
Q

Larceny

A

Taking and carrying away of personal property of another with intent to permanently deprive

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14
Q

Larceny by Trick, False Pretenses or Embezzlement

A

Trick: obtains POSSESSION (not title) of property by trick or deception

False Pretenses: obtains TITLE to property through intentional false statement w/ intent to defraud

Embezzlement: fraudulent conversion of another’s personal property by a person with lawful possession in position of trust

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15
Q

Arson

A

Malicious burning of a dwelling of another. Requires damage to structure (“charring” - think Charizard)

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16
Q

Attempt

A

Specific intent to commit a crime and took a substantial step (overt act beyond mere preparation)

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17
Q

Conspiracy

A
  • Express or implied agreement
  • Intent to agree
  • to pursue unlawful objective
  • overt act in furtherance of objective

Withdrawal
- affirmative act notifying members of withdrawal and assistance in neutralizing
NOTE: not liable for crime, but still liable for conspiracy

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18
Q

Solicitation

A

Asking someone to commit a crime w/ specific intent to commit the crime.

Merges with substantive offense

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19
Q

Accomplice Liability

A

One who aids, abets, or facilitates the commission of crime or intends to aid.

Liable for crime itself and all foreseeable crime

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20
Q

Duress defense

A

Must show
- threat of imminent death or serious bodily injury to self or another ad was unable to avoid harm by noncriminal conduct.

**Does not apply to homicide

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21
Q

Insanity defense

A

M’Naughten test:
-at time of conduct, D lacked ability to know wrongfulness of actions or understand the nature of his acts

MPC Test
- D lacked capacity to appreciate criminality of conduct OR unable to conform his actions to law

Irresistable Impulse:
- D lacks capacity for self control & free choice

22
Q

Self defense

A

Reasonable belief that D was in imminent danger of death/great bodily harm AND use of deadly force was necessary to defend against danger.

Minority jx - requires retreat (unless in home) before using deadly force in defense

23
Q

Intoxication: Voluntary and Involuntary

A

Voluntary: ONLY a defense to SPECIFIC INTENT crimes if it negates state of mind

Involuntary: ingestion of drugs and alcohol w/out knowledge of its effect (ie. under duress, taking meds pursuant to medical advice)

  • analyze like insanity defense
  • applies to all crimes
24
Q

Mistake of Fact

A

Any mistake negates specific intent.

Reasonable mistake can negate General intent or malice

25
Q

When do you have standing to challenge the legality of a Search?

A

When a person has a reasonable expectation of privacy regarding the item or place searched, the 4th Am protections come in (protection from unreasonable searches and seizures)

26
Q

Valid arrest requirement

A

Probable cause - when circumstances give an officer reasonable suspicion that a crime has occurred

Arresting in public - just need PC, no warrant

Arresting at home, warrant is required unless exigent circumstances exist

27
Q

Valid warrant requirements

A
  • probable cause based on reliable info that evidence will be found at location
  • must state w/ particularity the place to be searched and items to be seized, AND
  • issued by a neutral and detached magistrate
28
Q

Search and Seizure: Three step analysis

A
  1. Does person have a 4th amendment right? (govt conduct and reasonable expectation of privacy)
  2. Was search warrant valid?
  3. If not valid, is there an exception?
29
Q

When does a seizure occur?

A

When a reasonable person would have believed that he was not free to leave

30
Q

Stop and Inquire

A

Police officer may stop and inquire if he has reasonable suspicion that criminal activity is afoot. Can only be brief detention for questioning.

31
Q

Stop and Frisk

A

Stop - reasonable suspicion is criminal act supported by articulable facts

Frisk - reasonable suspicion that suspect is armed and dangerous

32
Q

When do you need a warrant?

A

In order to conduct a search and seize items, unless it falls within a warrant exception.

33
Q

Automobile Exception to Warrant Requirement

A

Can search if police have probable cause that either contraband or evidence of crime will be found.

Can search interior compartment of car, but not trunk. Includes containers that may reasonably contain items

34
Q

Plain View Doctrine - Exception to Warrant

A

May seize evidence w/out warrant if

  • probable cause
  • observed by officer
  • in place where officer lawfully permitted o be
35
Q

Exigent Circumstance - Exception to Warrant

A
  • If evidence would dissipate or disappear in time it would take to obtain a warrant, OR
  • police in hot pursuit and evidence is in plain view
36
Q

Search incident to arrest - Exception to warrant

A

Can search the suspect’s person and areas within suspect’s wingspan.

If suspect is in car, “wingspan” includes interior compartment

37
Q

Consent - Exception to warrant

A

Must be given freely, voluntarily and intelligently.

Third party can give consent to property search, BUT must have AUTHORITY (reasonably apparent)

38
Q

Inventory Search - Exception to warrant

A

Search and seizure of belongings, or car after lawful arrest. Must be:

  • reasonable, AND
  • in pursuant to established police procedure
39
Q

When do 5th amendment Miranda rights apply?

A

When a person is in police custody AND subject to police interrogation.

Custody- reasonably believe they are not free to leave.

Subj. to Interr. - when police conduct likely to elicit an incriminating response

40
Q

Effect of Miranda invocation

A

Must be invoked CLEARLY and UNAMBIGUOUSLY.

No need to talk. Police must stop asking questions.

Can only resume questioning if suspect reinitiates conversation, 14 days have passed, or Miranda warnings given again in presence of counsel and suspect waives rights.

41
Q

Waiver of Miranda rights and right to counsel

A

Must be knowing, voluntary and intelligent

42
Q

6th Amendment Right to Counsel

A

When suspect is FORMALLY CHARGED, police CANNOT question him without his lawyer present.

Offense specific - meaning police can’t question about offense he was formally charged with, but can ask about unrelated offenses without an attorney

43
Q

Ineffective Assistance of Counsel

A

Must show

  • counsel’s performance was deficient, AND
  • but for the deficiency, the outcome of the trial would have been different
44
Q

Line ups for Identification

A

Cannot refuse to be in a lineup.

Line up cannot be unnecessarily suggestive or substantially likely to present mistake.

5th Am right to counsel does NOT apply - not interrogatory in nature

45
Q

Right to Jury Trial - 6th Am

A

Guantees a CRIMINAL Defendant right to jury trial

46
Q

Double Jeopardy

A

Prevents a defendant from being prosecuted twice for the same offense.

Attaches when jury is sworn in, or if no jury, when first witness is sworn.

47
Q

When is it NOT double jeaopardy

A

If the two distinct crimes each require a proof of fact which the other does not.

48
Q

Fruit of the Poisonous Tree

A

Derivative evidence obtained in violation of a constitutional right (4th, 5th, or 6th) is inadmissible.

49
Q

Exceptions to Fruit of Poisonous Tree

A
  • Statements in violation of Miranda
  • independant source
  • inevitable discovery
  • intervening act of free will by D
  • violation of knock and announce

Voluntary confessions in violation of Miranda admissible ONLY to impeach

50
Q

Harmless Error Rule

A

Admission of illegal evidence will overturn conviction unless govt can show beyond a reasonable doubt that error was harmless

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