Crim Law & Procedure Flashcards
What is Actus Reus?
A voluntary physical act or omission when there is a duty to act.
Define Mens Rea.
Guilty mind; the mental state of the defendant at the time of the crime.
What are Specific Intent Crimes?
Require intent to bring about a particular result. Examples include:
* First-degree murder
* Inchoate offenses
* Assault
* Theft crimes.
What are General Intent Crimes?
Require only intent to commit the act. Examples include:
* Battery
* Rape
* Kidnapping
* False Imprisonment.
Define Malice Crimes.
Reckless disregard of a known risk. Examples include:
* Common Law Murder
* Arson.
What are Strict Liability Crimes?
No intent required. Examples include:
* Statutory Rape
* Regulatory Offenses.
What constitutes Common Law Murder?
Unlawful killing of another human being with malice aforethought.
What is First-Degree Murder?
Murder characterized by premeditation and deliberation.
What is Second-Degree Murder?
Intent to kill without premeditation or reckless disregard for human life (depraved heart).
Define Voluntary Manslaughter.
Heat of passion with adequate provocation.
What is Involuntary Manslaughter?
Criminal negligence or unlawful act.
Explain the Felony Murder Rule.
Death caused during the commission of a felony. Common felonies include:
* Burglary
* Arson
* Robbery
* Rape
* Kidnapping.
What is Solicitation in criminal law?
Encouraging another to commit a crime with intent that they do so.
Define Conspiracy.
Agreement between two or more people to commit a crime + overt act in furtherance.
What is an Attempt in criminal law?
Substantial step toward commission of a crime with specific intent to commit that crime.
What is Self-Defense?
Deadly force justified if facing imminent deadly harm.
What is Defense of Others?
Same as self-defense if the other person had the right to use force.
What is Defense of Property?
Non-deadly force only.
List the Insanity Tests.
Tests include:
* M’Naghten
* Irresistible Impulse
* Durham
* MPC.
Differentiate between Voluntary and Involuntary Intoxication.
Voluntary is a defense to specific intent crimes; involuntary is a complete defense if it negates intent.
What is a Mistake of Fact?
Defense if it negates mens rea (must be reasonable for general intent).
Is a Mistake of Law a valid defense?
Not a defense unless it negates an element of the crime.
What is Duress?
Threat of imminent serious bodily harm (not a defense to homicide).
Define Entrapment.
Government induces crime that defendant was not predisposed to commit.
What does the Fourth Amendment protect?
Protection against unreasonable searches and seizures.
What is required for a warrant?
Probable cause + specificity + neutral magistrate.
List the exceptions to the warrant requirement.
Exceptions include:
* Exigent Circumstances
* Search Incident to Arrest
* Consent
* Automobile Exception
* Plain View
* Inventory Searches
* Special Needs
* Terry Stop & Frisk.
What are Miranda Rights?
Custodial interrogation requires warnings.
What must happen once the Right to Remain Silent is invoked?
Interrogation must cease.
What does the Sixth Amendment guarantee?
Right to counsel and fair trial.
What is Ineffective Assistance of Counsel?
Defendant must show (1) deficient performance and (2) prejudice affecting outcome.
What is the Exclusionary Rule?
Illegally obtained evidence inadmissible.
List the exceptions to the Exclusionary Rule.
Exceptions include:
* Independent Source
* Inevitable Discovery
* Attenuation Doctrine
* Good Faith Exception.
What does Double Jeopardy protect against?
No retrial after acquittal or conviction.
What are the exceptions to Double Jeopardy?
Exceptions include:
* Hung jury
* Mistrial for manifest necessity
* Different sovereigns (state and federal).
