Crimes

Question 1

Elements of Forgery

Answer 1

Making or altering a writing with apparent legal significance so that it is false, with the specific intent to defraud. A writing has legal significance if it has a legal effect on private or public rights, such as a check, will or deed.

Question 2

Elements of False Pretense

Answer 2

Obtaining title to the property of another by an intentional false statement of past or present fact with the specific intent to defraud.

Question 3

Lawful 4th Am. Search

Answer 3

government intrusion where there is reasonable and justifiable expectation of privacy. 1. State action? 2. Standing = reasonable expectation of privacy. 3. Valid search warrant? 4. If no warrant, does an exception apply.

Question 4

Common Law Murder (2nd Degree)

Answer 4

intentional killing of a person with malice aforethought. Malice aforethought requires the killing be committed with one of the following states of mind: 1. intent to kill 2. intent to commit great bodily injury 3. wanton and willful disregard of human life or 4. intent to commit a felony.

Question 5

What is 5th Am. right against self-incrimination?

Answer 5

Police must give Miranda warnings before interrogating a person in custody. Custody means a person is not objectively free to terminate the encounter with the government, i.e., she does not reasonably believe she is free to leave. An interrogation is any conduct that police know or should know is likely to elicit an incriminating response. Miranda warnings inform defendant of rights to remain silent and to an attorney. Waiver of rights is only valid if given knowingly, voluntarily and intelligently.

Question 6

Voluntary Manslaughter

Answer 6

Intentional killing that would be murder but for 1. adequate provocation, 2. imperfect self-defense or 3. diminished capacity.

Question 7

Involuntary Manslaughter

Answer 7

Unintentional killing that results either from 1. criminal negligence or 2. misdemeanor murder.

Question 8

Felony Murder

Answer 8

a killing that occurs during the commission of an underlying felony that is inherently dangerous, such as burglary, arson, rape, robbery or kidnapping. Assault is not considered inherently dangerous.

Question 9

Valid Warrant

Answer 9

4th Am. is satisfied when (i) issued on basis of probable cause, (ii) specifically describes the place to be search or person or things to be seized and (iii) issued by an unbiased magistrate. Good faith reliance.