Criminal Flashcards
CRIMINAL - 1-General Principles - B-Mens Rea - 4-Model Penal Code
1. Define the four MPC intents.
1. PURPOSELY = CONSCIOUS DESIRE RESULT
- conscious desire to engage in conduct or cause a certain result
2. KNOWINGLY = PRACTICALLY CERTAIN RESULT
- practical certainty that conduct will cause a certain result; eg, Shafia: bomb on plane, don’t desire to kill each person, but know it probably will
3. RECKLESSLY = CONSCIOUS DISREGARD HIGH RISK
- conscious disregard of substantial and unjustified risk that conduct will cause a certain result
4. NEGLIGENTLY = SHOULD KNOW HIGH RISK
- should know of substantial and unjustified risk that conduct will cause a certain result
CRIMINAL - 1-General Principles - E-Responsibility - 2-Intoxication
1. When is involuntary intoxication a defense?
2. When is voluntary intoxication a defense?
1. INVOLUNTARY INTOXICATION = COMPLETE DEFENSE
- involuntary intoxication is a complete defense; either ingested unknowingly, under duress, or unknown unusual susceptible; rendered “insane” per insanity definition
2. VOLUNTARY INTOXICATION = ONLY DEFENSE TO SPECIFIC INTENT
- voluntary intoxication is only a defense where the intoxication made it so D couldn’t form the requisite intent; eg, for larceny, lack intent to permanently deprive another of their property
CRIMINAL - 2-Homicide - B-Types of Homicide - 3-Voluntary Manslaughter
1. How does unreasonable self-defense aeffect a murder?
1. IMPERFECT SELF-DEFENSE = VOLUNTARY MANSLAUGHTER
- murder may be reduced to voluntary manslaughter for imperfect self-defense if D contends deadly force was needed, but D either (1) started the altercation or (2) unreasonably but truly believed that deadly force was necessary
CRIMINAL - 3-Other Crimes - A-Crimes Against Property - 6-Robbery
1. What is required for the crime of robbery?
1. ROBBERY = LARCENY + FROM PERSON + FORCE OR THREAT
- robbery is the trespassory taking and carrying away of the personal property of another from their person or presence by force or threat with the intent to permanently deprive them
- larceny + assault or battery = merge into robbery
- more force than necessary to effectuate the taking and carrying away
- threat of serious injury to person or close person
CRIMINAL - 4-Inchoate Crimes - D-Attempt - 0-Attempt
1. What is required for the crime of attempt?
1. ATTEMPT = SPECIFIC INTENT + SUBSTANTIAL STEP
- D must have the specific intent to commit the crime and take a substantial step toward commission of the crime
CRIMINAL - 4-Inchoate Crimes - D-Attempt - 1-Substantial Step Test
1. What is a substantial step in the crime of attempt?
1. SUBSTANTIAL STEP AEFFECTS COMMISSION OF CRIME
- For attempt, a substantial step test is conduct that tends to aeffect the commission of a crime
- subjective
- more than mere preparation
- could be in dangerous proximity to completion of the crime
CRIMINAL - 4-Inchoate Crimes - D-Attempt - 2-Specific Intent
1. What intent is required for the crime of attempt?
1. SPECIFIC INTENT TO PERFORM ACT OF ATTAIN RESULT
- specific intent requires either the intent to perform an act or to attain a result
CRIMINAL - 5-Defense - A-Generally - 2-Mistake of Fact
1. When is mistake of fact a defense?
1. MISTAKE OF FACT CAN NEGATE SPECIFIC INTENT
- a mistake of fact may negate the specific intent required for guilt
CRIMINAL - 6-4th Amendment – Search & Seizure - A-General 4th Amendment - 2-The Exclusionary Rule
1. What is the exclusionary rule and when does it apply?
1. EXCLUSIONARY RULE
- prevents the introduction of evidence at trial that was seized unlawfully in violation of 4thAm protection against unreasonable searches and seizures; doesn’t apply to grand jury, preliminary, bail, sentencing, or parole hearings
CRIMINAL - 6-4th Amendment – Search & Seizure - C-Search & Seizure - 4-Consent Searches
1. Does a child have an expectation of privacy in parent’s house?
1. PARENT CAN CONSENT TO CHILD’S ROOM, NOT LOCKED CONTAINER INSIDE
- a parent may consent to the search of a child’s room, even if an adult; cannot consent to search of a locked container in an older child’s room
CRIMINAL - 6-4th Amendment – Search & Seizure - C-Search & Seizure - 4-Exceptions to the Warrant Requirement
1. What are the 8 exceptions to the warrant requirement?
1. WARRANT EXCEPTIONS
- (1) search incident to lawful arrest; (2) exigent circumstances; (3) stop and frisk; (4) automobile exception; (5) plain-view doctrine; (6) consent searches; (7) administrative searches; (8) wiretapping
CRIMINAL - 9-Pretrial - A-Eyewitness Identification - 3-Impermissibly Suggestive Identification Procedures – Due Process Rights
1. When will an identification be suppressed?
1. IMPERMISSIBLY SUGGESTIVE ID + IRREPARABLE MISIDENTIFICATION = SUPPRESSION
- an ID is improper if (1) it was impermissibly suggestive and (2) there is a very substantial likelihood of irreparable misidentification, which is determined by (1) opportunity to view and degree of attention during crime, (2) accuracy of description and certainty of ID after crime, and (3) elapsed time between; even if an impermissibly suggestive pre-trial ID is suppressed, an in-trial ID may be allowed
CRIMINAL - 10-Trial - A-Jury Trial - 3-Compliance
1. What is required to show a jury isn’t a fair cross-section?
1. VENIRE CAN’T EXCLUDE DISTINCT COMMUNITY GROUP
- to prove jury wasn’t a fair cross-section of the community, D must show that there was a systematic exclusion of a distinct and numerically significant community group in the venire
CRIMINAL - 11-Post-Trial - A-Double Jeopardy - 2-Attachment of Jeopardy
1. When does jeopardy attach?
2. When does jeopardy terminate?
1. JEOPARDY ATTACHES WHEN JURY SWORN IN
- in a jury trial, jeopardy attaches when the jury is sworn in; for a bench trial, when the 1st witness is sworn in
2. JEOPARDY TERMINATES UPON CONVICTION, ACQUITTAL, OR MISTRIAL WITHOUT MANIFEST NECESSITY
- jeopardy is terminated by a conviction, acquittal, or a mistrial without manifest necessity, eg, deadlocked jury; not terminated if D moves for a mistrial, unless P was cause
