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Statements of Law > Criminal > Flashcards

Criminal Flashcards

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1
Q

For Arson, malice is

A

(1) intent or knowledge that the structure (CL, dwelling house; Mod., other buildings) would burn
(2) reckless disregard of an obvious risk that the structure would burn.

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2
Q

For Arson, burning requires

A

actual burning or charring of the combustible material

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3
Q

The elements for Attempted crimes are
(1) CL
(2) MPC

A

(1) specific intent to commit the crime AND an act putting defendant in close proximity to completion.
(2) specific intent to commit the crime AND substantial step towards completion

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4
Q

Murder

A

(1) kill
(2) intent or malice
(a) intent to kill, inflict, felony
(b) reckless indif to unjust risk to life

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5
Q

infer intent to kill

A

intent use of weapon

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6
Q

Provoked voluntary manslaughter

A

(1) ordinary, lose control
(2) in fact, lost control
(3) ordinary, no time to Cool
(4) in fact, no cool

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7
Q

Deadly Self-Defense

A

(1) no fault
(2) unlawful force imm
(3) death or great harm imm

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8
Q

specific intent

A

intent to perf act w/ a spec crim result in mind

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9
Q

criminal attempt

A

specific intent
more than prep or proximity
no result / follow through

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10
Q

Abandonment

A

not b/c diff or risky
voluntary “this is wrong”

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11
Q

Defense to Attempt

A

(1) Not Abandon if act beyond prep by danger proximity (CL) or sub. step (MPC)

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12
Q

Conspiracy

A

agr. 2 or more peep - mutual action with guilty minds
intent agree (no faking)
intent achieve sub. crime
Most, overt act in further (mere prep unlike attempt = beyond prep)

No withdraw conspiracy,
withdraw sub. crime if notify w/ time for co to abandon

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13
Q

Specific Intent
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

A

Solic
Consp
Attem

Forg

Ass

Larc
Embez

False Pret

Robb
Burgl

First Degree Murd

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14
Q

Dangerous Felonies for Felony Murder
BARRK

A

Burglary
Arson
Rape
Kidnapping

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15
Q

General Intent
BRIK

A

Battery
Rape
Imprisonment
Kidnapping

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16
Q

Strict Liability Crimes
SS

A

Small Crimes
Statutory Rape

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17
Q

Crimes Against Person

A

Assault
Battery
Murder
Rape
False Imprisonment
Kidnapping

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18
Q

Crimes Against Property

A

Forgery
Larceny
Embezzlement
False Pretenses
Robbery
Burglary

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19
Q

Incomplete Crimes

A

Solicitation
Conspiracy
Attempt

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20
Q

Principal Liability

A

Crimes they commit

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21
Q

Accomplice Liability

A

their crime
assist or encourage, spec. intent to principal act, natural and probable crimes

Withdraw, discourage (encourage), disable (assist), notify, prevent

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22
Q

Accessory Liability

A

after - know assist felon, spec intent avoid arrest, conv., trial

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23
Q

1st Degree Murder

A

Premed
Delib

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24
Q

2nd Degree Murder

A

intent bod harm
extreme reckless
murder not 1st degree

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25
Q

Killing for Felony Murder During

A

commission
attempt
flight from felony

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26
Q

Voluntary Manslaughter

A

Intentional Killing
Without malice aforethought
Heat of Passion
Adequate provocation

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27
Q

Involuntary Manslaughter

A

Kill because
Crim Negl (CNIM) - sub. deviate ordinary person or reckless and aware risk
Unlawful Act (misd. or not FM dang crime)

28
Q

Arson

A

malicious
burn
dwelling
another

29
Q

Larceny by Trick

A

specific intent
false represent
material fact
obtain custody (not ownership)

30
Q

False Pretense

A

specific intent
false represent
material fact
obtain title

31
Q

Larceny

A

specific intent
trespass take
carry away
personal prop
intent to perman deprive or temp deprive and later perm

32
Q

Embezzlement

A

specific intent
fraud conversion
personal prop
by person with possess

33
Q

Robbery

A

larceny (sp. int. take and carry pp to perm deprive) + in person or presence + force or threat

34
Q

Burglary

A

specific intent
break
enter
dwelling
another
night
intent to commit felony inside

35
Q

Inchoate Crimes Review

A
36
Q

Perfect Self Defense

A

good reason believe
threat of imm death or harm
not first agressor
(CL) can’t retreat safely

37
Q

Imperfect Self Defense

A

murder down to manslaughter if
bad reason to believe defense necessary
Or first agressor causing necess

38
Q

General Intent Crimes
BRIK

A

Battery
Rape
Imprisonment
Kidnapping

39
Q

Larceny

A

specific intent
trespass take
carry away
personal prop
intent to perman deprive or temp deprive and later perm

40
Q

M’Naghten Insanity

A

M’Naghten
- presumed sane
mental disease defect of reason
cause not know what doing at time OR knew what doing but did not know wrong (need to act for GOD)

41
Q

Insanity

A

M’Naughten - mental, not know what doing or not know doing bad
Irresistible impulse - mental, can’t resist
Durham - but-for mental, no crime, know irrelev.
MPC - mental, insubst. capacity to know doing bad or to change doing

42
Q

Mistake of Fact

A

spcific intent crime negated by honest and reason/unreasonable belief of neces fact to crime

gen intent negated by honest and reasonable belief

43
Q

Mistake of Law

A

not defense unless crime element knowl of law

44
Q

Necessity

A

criminal act to prevent greater harm unless caused situat

45
Q

Duress

A

criminal act under threat of immin harm
reason belief will result if not act

not defense to intentional homicide

46
Q

Entrapment

A

Popo induce crime
D not already predisposed

47
Q

4th Amend (unreasonable search and seizure)

A

govern act
search or seizure
standing from reason expectation of privacy or protected area

48
Q

Gov Satisfy 4th (Valid Warrant)

A

search warrant,
neutral mag,
prob cause (suff reliab) and particularity (place, peson, evid of crime)
Execute w/ comply terms and should “knock and announce”

49
Q

Gov Satisfy 4th (Defective Warrant)

A

good faith reliance
unless lie or affidavit lack prob., partic., judge bias

50
Q

Gov Satisfy 4th (Exception Warrant)

A

ASPACE
Auto
Search Incident
Plain
Admin
Consent
Exigent (emerg. hot pursuit, ethereal evidence)

51
Q

Warrantless Search Exception - Auto

A

search anywhere in car, truck and containers if probable cause evidence for crime commited

52
Q

Warrantless Search Exception - Search Incident to Lawful Arrest

A

search person, grabbable wingspan, and auto cabin if lawful arrest

no search auto cabin if arestee secured and no reason believe evid in car

53
Q

Warrantless Seizure Exception - Plain Sense

A

lawful presence (search)
immediately apparent that the item is contraband or evidence
ex. view, smell, feel

54
Q

General Intent Crimes
BRIK

A

Battery
Rape
Imprisonment
Kidnapping

55
Q

Larceny

A

specific intent
trespass take
carry away
personal prop
intent to perman deprive or temp deprive and later perm

55
Q

Plain View

A
56
Q

Warrantless Search Exception - Administrative

A

booking, impounding, border, public school, sobriety, school drug tests

57
Q

Warrantless Search Exception - Consent

A

If can consent, can search
not children
yes adults for unlocked area of child
no landlord for occupied space
yes cotenants for common control/occup, revoke by present cotenant

58
Q

Terry Stop and Frisk

A

stop if reason suspic of crimin
frisk if reason belief of danger

59
Q

Exclusion of Physical Evidence for 4th Amendment Violations (exclusionary rule)

A

Physical Evid of Crime Obtained in violation of 4th excluded unless inevitable discovery.

exclusionary rule does not apply when (SICK), no standing, impeachment, civil case, knock and announce

60
Q

Admissibility of Interrogation and Confessions

A

14th due process - involuntary confession, coercive conduct overcomes will

6th right to counsel - attach when filed charges, offense specific, no attempt at incrimination at critical stages unless counsel or waiver, usable for impeachment

5th Miranda - attach at custodial interrogation, none unless counsel pres, waiver unequivocal, or public safety, exc. usable impeachment, fruit of confess,

61
Q

Critical Stages

A

Arraignment
probable cause hearing
sentencing
plea
police interrogation
post charge lineup

62
Q

Admissibility of Identifications

A

6th Right to Counsel satisfied
14th Due process - unnecessarily suggestive creates substant. likli of irrepara misidentification

63
Q

Double Jeopardy (Fifth Amendment)

A

not put in jeopardy for the same offense, twice
Attach at jury sworn, first witness (bench), unconditional guilty plea

64
Q

General Intent Crimes
BRIK

A

Battery
Rape
Imprisonment
Kidnapping

65
Q

Larceny

A

specific intent
trespass take
carry away
personal prop
intent to perman deprive or temp deprive and later perm

Statements of Law (15 decks)

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