Crim Law & Procedure Flashcards
Involuntary Manslaughter Rule
Involuntary Manslaughter is an unintentional killing resulting without malice aforethought caused either by recklessness or criminal negligence and that actually and proximately results in the foreseeable death of another human. For conduct to be criminally negligent, the individual will have had to knowingly disregarded a substantial risk of death and that the actions were a gross deviation from the standard of care that a reasonable person would have exercised.
In some states, involuntary manslaughter also encompasses a killing that occurs during the commission or attempted commission of an unlawful act or misdemeanor.
Actual Cause
But for D’s conduct would P’s death or injury have occurred
Proximate Cause
If severe injury or death was foreseeable, then the action was also the proximate cause
Proximate Cause (intervening cause doesnt cut off liability)
If a circumstance was foreseeable, does not bar someone from being held criminally liable.
Accomplice Liability
To serve as an accomplice, one doesnt merely stand by and observe a crime. Instead, one assists the principle in the planning or action of the crime, with knowledge of the principle’s intent to commit the crime.
Insanity Defense (M’Naghten Test)
Under the M’Naghten test, the defendant must show that, at the time of the charged conduct, she 1) suffered from a severe mental disease or defect and 2) as a result of that mental disease or defect, she did not know that her conduct was wrong.
States differ as to the definition of wrong. Some states provide the defense only if the defendant’s severe mental disease or defect prevented her from knowing that her acts were criminal. Other states provide the defense even if the defendant knew that her actions were legally wrong but did not know that her actions were morally wrong
Duress Defense
Duress justifies criminal conduct, excusing defendants from criminal liability, where the defendant reasonably believes that the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct. The defendant must have engaged in the criminal behavior because of the threat. But, duress is not a defense for murder and can negate the felony crime in felony murder.
4th amendment unreasonable searches and seizures
Evidence seized in violation of the 4th amendment cannot be used at a criminal proceeding. To challenge a search under the 4th amendment, one must have a reasonable expectation of privacy in the thing searched.
4th amendment standing (proper party)
Only a victim of the search has standing to challenge it. Even if someone else’s rights were violated, one cannot challenge the admission of evidence on those grounds.
Acquittal
A motion to acquit can be granted only if the state presents insufficient evidence for the jury to prove beyond a reasonable doubt that the defendant committed each element of a crime.
Armed Robbery
To prove armed robbery, the taking must be from the person or presence of the victim in an area within his control. The taking must be accomplished by force, intimidation, threat, or violence. The threat of violence must place the victim in actual fear at the time of the taking. Robbery is a specific intent crime. [ADD]
Attempt
Attempt is an inchoate offense and is a specific intent crime. It requires a significant overt act in furtherance of that intent. Most courts apply a proximity test in time and look for a substantial act. actual attempt must be beyond mere preparation and move to perpetration.
Abandonment Defense
The majority of states state that the defense of abandonment is not available once the attempt of a crime is complete, meaning a defendant has engaged in more than mere preparation for a crime. A minority of jurisdictions allow an affirmative defense of abandonment at any time before the crime has been committed. However, these jurisdictions require that such abandonment must be entirely voluntary and it cannot be in response to any extrinsic factor or external circumstance.
Double Jeopardy: two crimes same state
Chargers are multiplicitous and improper on double jeopardy grounds if the prosecution must necessarily prove the elements of one crime in order to prove the elements of a second crime. All of the elements of the lesser included offense must be contained in the greater.
Prosecution’s Burden
The prosecution is required to prove every element of the crime charged beyond a reasonable doubt. Juries are not allowed to presume the presence of intent merely from the fact that the prosecution has proved other elements, but may infer intent from the circs of the crime.
