Crimes Flashcards
Assault
An attempt to commit a battery or the intent to place another in reasonable apprehension of imminent injury.
Battery
The intentional or reckless causing of a bodily injury or an offensive touching to another.
Kidnapping
- unlawful confinement of another
- involving movement or concealment in a secret place
Rape
sexual intercourse without consent
Homicide
Homicide is the unlawful killing of another. The two types of homicide are murder and manslaughter.
Murder is the killing of another with malice aforethought. Malice may be established by (1) an intent to kill (2) an intent to commit grievous bodily injury (3) a reckless indifference to the value of human life (4) felony murder. The Def act must be the actual and proximate cause of the death. Murder is divided by first-degree and second-degree. First degree murder applies when the killing was the result of premeditation and deliberation or during the commision of a dangerous felony. Second degree murder applies to all other murders that are not reduced to manslaughter.
Manslaughter is either voluntary or involuntary. There are two types of voluntary manslaughter, heat of passion, and imperfect self-defense. Heat of passion requires (1) reasonable provocation (2) acted in heat of passion (3) no cooling off time (4) Def did not cool off. Imperfect self defense requires an unreasonable mistake about the need for self-defense or the Def started the altercation. Involuntary manslaughter can arise by gross negligence or misdemeanor-manslaughter. Gross negligence is the disregard of a very substantial danger of serious bodily harm or death. Misdemeanor-manslaughter occurs when a Def commits a misdemeanor or nondangerous felony and a death occurs accidentally during its comission.
Felony Murder Rule
- death is natural and probable consquence of Def conduct and occurs during the commission of a felony, even if the death is accidental.
- Underlying felony must be independent from the killing
Larceny
The trespassory taking and carrying away of personal property of another with the intent to steal.
Embezzlement
Fraudulent conversion of personal property of another by one who is already in lawful possession of the property.
False Pretenses
False statement of fact causing the person to convey title.
Robbery
Larceny by placing the owner in fear or by force.
Extortion
Threat of future harm to deprive an owner of property.
Theft
Illegal taking of another’s property.
Burglary
Burglary is the breaking and entering of a dwelling at night with the intent to commit a burglary inside.
Reciept of stolen property
is a crim
Arson
malicious burning of the dwelling of another
Solicitation
Solicitation is when one requests or encourages another to commit a crime with the intent that they commit the crime, regardless if whether they agree. Solicitation merges into the completed crime.
Conspiracy
An agreement between two or more persons who intend to commit an unlawful act. Conspiracy does not merge into the completed crime.
Attempt
An act dones with intent to commit a crime beyond mere preparation. Merges into completed crime.
Accomplice Liability
An accomplice is one who aids, abets, assists, or encourages the carrying out of a crime. The accomplice is liable for the crime and additional crimes if they are the natural and probable consequence of the intended crime.
Modernly principals, accomplices and accessories before the fact r guilt
Defenses
- Self-defense - reasonable force in response
- Defenses of others - reasonably believes victim would be justified
- Defense of property - reasonable force
- Insanity (see other card)
- Intoxication - Voluntary defense to specific intent crimes (1st degree murder, assault, incomplete crimes, theft crimes.) Involuntary defense to all crimes.
- Necessity to avoid imminent and greater injury to society
- Reasonable mistake of fact may negate specific intent crime
Defense of insanity
- M’Naghten test - (1) mental disease (2) causing defect in reasoning powers (3) resulting in him not understanding the nature and quality of his act or that he did not know it was wrong.
- Irresistible impulse test - Unable to control his conduct due to mental illness.
- Durham test - Conduct was the product of mental illness. (but for)
- MPC - (1) lacked substantial capacity to appreciate the criminality of his conduct or (2) conform his conduct to the requirements of the law.
Entrapment
Law enforcement official induces a person to commit a crime that he wasn’t otherwise predisposed to commit.
4th am.
Protects individuals against unreasonable searches and seizures of property and against unlawful arrests.
Arrest
Probable cause required. PC is the reasonable belief that the person violated the law.
4th am
Automobile stops
- Automobile - May stop automobiles if there is a reasonable suspicion of wrongdoing.
- May set up checkpoints based on neutral, articulable standards.
- If the police have probable cause to believe a vehicle contains contraband or evidence of a crime they may search the whole automobile and any container therin that might contain the objects for which they are searching.
Remember also search incident to lawful arrest
4th am.
Search and seizure of property
A search warrant is required for a government search and seizure of property that is located where one has a reasonable expectation of privacy. Must be based on probable cause, issued by a neutral magistrate, and describe the premises to be searched and the items to be seized.
4th am.
Search incident to a lawful arrest
When the police are making a lawful arrest they may search the area within the arrestee’s immediate control. The police may also conduct a protective sweep of all or part of the premises where an arrest takes place if they have a reasonable belief that other dangerous individuals may be present.
During a search incident to lawful arrest the police may search a car and its compartments if it is reasonable to believe the arrestee might access the vehicle at the time of the search or the vehicle contains evidence of the offense causing arrest.
4th am.
Plain view doctrine
The police may make a warrantless search if they see an object or contraband in plain view.
4th am.
Exigent circumstances
The police may conduct a search or seizure without a warrant if they have probable cause and it is necessary to:
1. Prevent the imminent destruction of evidence
2. Prevent imminent injury to persons
3. Search for a felony subject inside a building while in hot pursuit
4th am.
Stop and frisk
Police may stop and frisk a person if the police have a reasonable suspicion of criminal activity. They may conduct a pat-down search for weapons if the suspect appears dangerous and may seize contraband discovered if its identity is immediately apparent.
4th am.
Miranda
When a suspect is taken into custody by the police and is under interrogation, his confession will be admissible against him only if he has received the requisite Miranda warnings. A suspect is in custody when a reasonable person would believe that they were not free to leave. Interrogation includes anything reasonably likely to elicit an incriminating response from the suspect. A custodial interrogation does not occur when the suspect is speaking to an undercover agent or informant. A suspect may waive his Miranda rights voluntarily, knowingly, and intelligently. When the accused unambiguously indicates that he wishes to speak to counsel the police are required to cease all questioning.
Public safety exception think emergencies
5th am.
Self-incrimination
Protects a criminal defendant from compulsion to give testimony or communicative evidence that could expose him to criminal liability.
5th am.
Double jeopardy
Protects an individual from being tried for the same offense twice. Jeopardy attaches when the jury has been swron or when the first witness is sworn.
5th am.
5th am. due process
- confessions must be made voluntarily
- IDs may not be unnecessarily suggestive
5th am.
Right to effective counsel
After formal criminal proceedings have commenced a suspect has a right to effect counsel at any line-up or show-up including sentencing. This does not apply to photo IDs or taking handwriting samples or fingerprints.
6th am.
Ineffective assistance of counsel
Counsel did not act as a reasonably competent attorney would have acted and the result would have been different.
6th am.
Self-representation
Defendant is permitted to knowingly and intelligently waive his right to counsel and represent himself.
6th am.
Right to confront adverse witnesses
A defendant in a criminal prosecution has the right to confront adverse witnesses. This includes the issuing of subpoenas to compel testimony of adverse or hostile witnesses and to cross examine.
6th am.
Testimonial statements
The prosecution may not admit testimonial statements by a third person unless the declarant is available for cross-examination either when the statement was made or at trial. Statements are nontestimonial when made during a police interrogation regarding an ongoing emergency ie a 911 call. Statements are testimonial when there is no emergency and they are trying to establish past events for future prosecution.
6th am.
Confessions of a codefendant
Where two defendants are jointly tried and one of them confesses that statement may not be used against the other defendant unless the statement can be redacted or the codefendant is available for cross-examination.
6th am.
Right to a jury trial
Criminal defendants have the right to a jury trial for serious offenses that have a potential imprisonment of greater than six months.
6th am.
Voir dire
unlimited strikes for cause
limited preemptory strikes (10 CA)
discrimination not permited EPC 14th am.
6th am.
Right to a speedy trial
- length of delay
- reason for delay
- prejudice as a result of the delay
- how quickly did def assert this right
The exclusionary rule
Prohibits the introduction of evidence obtained in violation of the defendant’s 4th, 5th, or 6th am rights. Standing required (must be defendants own constitutional rights). Fruit of the poisoness tree is inadmissible except:
1. individual source
2. inevitable discovery
3. purged taint
Illegally obtained evidence may still be used to impeach the defendant but not any witnesses.
Does not apply to civil
Good faith warrant exception
When an officer reasonably relies on a facially valid search warrant, but the warrant is ultimately found to be supported by probable cause, the exclusionary rule will not apply and the evidence will not be barred.
Does not apply when the officer knew the information in the affidavit was false, there was an obvious lack of probable cause, the warrant was defective on its face.
Bail
Bail shall not be excessive.
8th am.
Cruel and unusual punishment
Penalties may not be grossly disproportionate to the seriousness of the crime.
