Criminal Flashcards
What is assault?
Attempt to batter or
Intentionally place someone in fear of imminent injury
What is battery?
Intentional or reckless offensive touching
What is mayhem?
Permanent dismemberment of a body part
Kidnapping
Unlawful confinement of another
Movement
Concealment in a secret place
Define rape
Unlawful sexual intercourse with a female
Not one’s wife
Without consent
What is murder?
Unlawful killing with malice aforethought
How is malice established for murder?
- Intent to kill
Use of deadly weapon creates inference of intent to kill
- Intent to commit grievous bodily injury
- Reckless indifference to human life
- Intent to commit a dangerous felony
Define felony murder
Death occurs while defendant is committing a dangerous felony for which death is a probable consequence of defendant’s conduct
What is the majority view about death of a cofelon, when nonfelon kills for purposes of felony murder?
Does not qualify
Is a defendant liable for felony murder where victim/cop kills bystander during felony?
Courts are split
What are inherently dangerous felonies for the purpose of felony murder?
Burglary Arson Rape Robbery Kidnapping
Barrk.
How may causation be proven for felony murder?
Defendants conduct must be actual and proximate cause of death
When may a leo kill a fleeing felon?
Necessary to prevent felon’s escape
Felon threatened leo with weapon or
Felon committee a crime involving infliction or threat of harm
Leo gave warning of force
Murder is reduced to voluntary manslaughter under the heat of passion theory if…
- Reasonable provocation
- Heat of passion
- No cooling off time
- Didn’t cool off
What does an imperfect self defense claim reduce murder to?
Voluntary manslaughter
Under what two theories can involuntary manslaughter occur?
Gross negligence
Misdemeanor manslaughter
What is larceny?
Trespass
Taking and carrying away
Property of another
Intent to steal
What is embezzlement?
Fraudulent conversion of property by someone in lawful possession of that property
What is theft by false pretenses?
Defendant knowingly makes false representation of a past or present material fact which causes victim to convey title
What is robbery?
Larceny + fear or force
What is extortion?
Threat of future harm to deprive owner of property
What is burglary?
Breaking and entering of a dwelling at night with the intent to commit a felony therein
What is arson?
The malicious burning of the dwelling of another
When are conspirators liable for the crimes of their coconspirators?
Crimes committed in furtherance of objective
Reasonably foreseeable
Does conspiracy merge into the completed crime?
No
Can one withdraw from a conspiracy?
No
What is an accomplice?
One who aids, abets, assists or encourages a crime
When may one use deadly force in self defense?
In response to deadly force
What is the M’Naghten test?
Defendant suffered from mental disease
- Did not understand nature and quality of act
- Did not know his act was wrong
What is the irresistible impulse test?
Defendant was unable to control his conduct due to a mental illness
What is the Durham test?
Defendant’s conduct was the result of a mental illness
What is the MPC test for insanity?
Defendant lacked capacity to appreciate the criminality of his conduct or conform it to the law.
When is voluntary intoxication a defense?
Specific intent crimes (murder, assault, incomplete crimes, property crimes)
When is mistake of fact a defense to a crime?
General intent crimes
Is factual impossibility a defense?
No
Is legal impossibility a valid defense?
Yes
When is a warrant required for an arrest?
Person arrested in his home
What may the police search incident to a lawful arrest?
The arrestee’s wingspan
When may the police do a protective sweep?
When they have a reasonable belief based on articulable facts that other dangerous individuals are present
Under sila, when may the police search a vehicle?
- Reasonable belief arrestee might access vehicle
2. Vehicle contains evidence of the arrest
When does exigency apply?
- Prevent destruction of evidence
- Prevent injury to persons
- Hot pursuit
What are the exceptions to the warrant requirement?
Search incident to arrest Plain view Automobile Consent Exigency Stop and frisk
Once a suspect has invoked, when may the police remirandize him in an attempt to question him?
Sufficient break in custody (14 days)
Can involuntary confessions be used to impeach?
No
How may a defendant prove that his jury does not consist of a fair cross section of his community?
- Distinctive group excluded
- Representation of this group not fair in relationship to the number of such persons in the community
- Underrepresentation due to systematic exclusion
How is the right to a speedy trial balanced?
Length of delay
Reason for delay
Prejudice to defendant due to delay
Time and manner in which defendant asserted his right
What are the exceptions to fruit of the poisonous tree?
Independent source
Inevitable discovery
Purged taint
When may illegally obtained evidence be used?
Impeachment
Civil hearings
Parole hearings
What is the good faith exception?
Officer acts in reasonable reliance on a defective warrant
What are the exceptions to the good faith exception?
- Officer knowingly provided false info
2. Lack of pc caused reliance on affidavit to be unreasonable
When is there a due process violation in an identification of a subject?
Unduly suggestive
Conducive to mistaken id such that it is unfair to defendant
What factors should determine bail?
Seriousness of offense
Weight of evidence against defendant
Defendant’s financial resources
Defendant’s character
What is the automobile exception to the search warrant rule?
Officers can search a vehicle and its containers without a warrant if there is Pc that the vehicle contains contraband
