Crimes (Final) Flashcards
1
Q
False Pretences
A
1) D knowingly makes
2) False representation
3) Past or present fact
4) Causes another
5) Convey Title
2
Q
M’Naghten Test
A
D has mental disease
D can’t understand, or
D doesn’t know wrong
3
Q
Irresistible Impulse Test
A
D has mental disease
D unable to control conduct
4
Q
Durham test
A
Conduct product of mental illness
5
Q
Model Penal Code Insanity Test
A
D lacks capacity
D cannot appreciate the criminality or conform conduct
6
Q
Mistake
A
Of fact: Negates specific intent Negates general intent of mistake reasonable Of law: No defense
7
Q
Impossibility
A
Factual: - D makes mistake about an issue of fact - No defense Legal: -D things act is criminal but it isn't -Valid defense
8
Q
Entrapment
A
Law enforcement
Induces D to commit a crime
D wasn’t predisposed to commit crime
9
Q
Exceptions to Warrant Requirement
A
{SPACES}
SILA
Plain view
Automobile (probable cause/impound)
Consent (voluntarily/totality of circumstances)
Exigent Circumstances
Stop and Frisk
10
Q
Exceptions to Exclusionary Rule
A
Independent source
Inevitable discovery
Purged taint
