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Cali Bar > Criminal > Flashcards

Criminal Flashcards

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1
Q

What is assault?

A

Attempt to batter or

Intentionally place someone in fear of imminent injury

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2
Q

What is battery?

A

Intentional or reckless offensive touching

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3
Q

What is mayhem?

A

Permanent dismemberment of a body part

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4
Q

Kidnapping

A

Unlawful confinement of another
Movement
Concealment in a secret place

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5
Q

Define rape

A

Unlawful sexual intercourse with a female
Not one’s wife
Without consent

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6
Q

What is murder?

A

Unlawful killing with malice aforethought

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7
Q

How is malice established for murder?

A
  1. Intent to kill

Use of deadly weapon creates inference of intent to kill

  1. Intent to commit grievous bodily injury
  2. Reckless indifference to human life
  3. Intent to commit a dangerous felony
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8
Q

Define felony murder

A

Death occurs while defendant is committing a dangerous felony for which death is a probable consequence of defendant’s conduct

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9
Q

What is the majority view about death of a cofelon, when nonfelon kills for purposes of felony murder?

A

Does not qualify

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10
Q

Is a defendant liable for felony murder where victim/cop kills bystander during felony?

A

Courts are split

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11
Q

What are inherently dangerous felonies for the purpose of felony murder?

A 
Burglary
Arson 
Rape
Robbery 
Kidnapping

Barrk.

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12
Q

How may causation be proven for felony murder?

A

Defendants conduct must be actual and proximate cause of death

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13
Q

When may a leo kill a fleeing felon?

A

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

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14
Q

Murder is reduced to voluntary manslaughter under the heat of passion theory if…

A
  1. Reasonable provocation
  2. Heat of passion
  3. No cooling off time
  4. Didn’t cool off
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15
Q

What does an imperfect self defense claim reduce murder to?

A

Voluntary manslaughter

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16
Q

Under what two theories can involuntary manslaughter occur?

A

Gross negligence

Misdemeanor manslaughter

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17
Q

What is larceny?

A

Trespass
Taking and carrying away
Property of another
Intent to steal

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18
Q

What is embezzlement?

A

Fraudulent conversion of property by someone in lawful possession of that property

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19
Q

What is theft by false pretenses?

A

Defendant knowingly makes false representation of a past or present material fact which causes victim to convey title

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20
Q

What is robbery?

A

Larceny + fear or force

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21
Q

What is extortion?

A

Threat of future harm to deprive owner of property

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22
Q

What is burglary?

A

Breaking and entering of a dwelling at night with the intent to commit a felony therein

23
Q

What is arson?

A

The malicious burning of the dwelling of another

24
Q

When are conspirators liable for the crimes of their coconspirators?

A

Crimes committed in furtherance of objective

Reasonably foreseeable

25
Q

Does conspiracy merge into the completed crime?

A

No

26
Q

Can one withdraw from a conspiracy?

A

No

27
Q

What is an accomplice?

A

One who aids, abets, assists or encourages a crime

28
Q

When may one use deadly force in self defense?

A

In response to deadly force

29
Q

What is the M’Naghten test?

A

Defendant suffered from mental disease

  1. Did not understand nature and quality of act
  2. Did not know his act was wrong
30
Q

What is the irresistible impulse test?

A

Defendant was unable to control his conduct due to a mental illness

31
Q

What is the Durham test?

A

Defendant’s conduct was the result of a mental illness

32
Q

What is the MPC test for insanity?

A

Defendant lacked capacity to appreciate the criminality of his conduct or conform it to the law.

33
Q

When is voluntary intoxication a defense?

A

Specific intent crimes (murder, assault, incomplete crimes, property crimes)

34
Q

When is mistake of fact a defense to a crime?

A

General intent crimes

35
Q

Is factual impossibility a defense?

A

No

36
Q

Is legal impossibility a valid defense?

A

Yes

37
Q

When is a warrant required for an arrest?

A

Person arrested in his home

38
Q

What may the police search incident to a lawful arrest?

A

The arrestee’s wingspan

39
Q

When may the police do a protective sweep?

A

When they have a reasonable belief based on articulable facts that other dangerous individuals are present

40
Q

Under sila, when may the police search a vehicle?

A
  1. Reasonable belief arrestee might access vehicle

2. Vehicle contains evidence of the arrest

41
Q

When does exigency apply?

A
  1. Prevent destruction of evidence
  2. Prevent injury to persons
  3. Hot pursuit
42
Q

What are the exceptions to the warrant requirement?

A 
Search incident to arrest
Plain view 
Automobile 
Consent 
Exigency 
Stop and frisk
43
Q

Once a suspect has invoked, when may the police remirandize him in an attempt to question him?

A

Sufficient break in custody (14 days)

44
Q

Can involuntary confessions be used to impeach?

A

No

45
Q

How may a defendant prove that his jury does not consist of a fair cross section of his community?

A
  1. Distinctive group excluded
  2. Representation of this group not fair in relationship to the number of such persons in the community
  3. Underrepresentation due to systematic exclusion
46
Q

How is the right to a speedy trial balanced?

A

Length of delay
Reason for delay
Prejudice to defendant due to delay
Time and manner in which defendant asserted his right

47
Q

What are the exceptions to fruit of the poisonous tree?

A

Independent source
Inevitable discovery
Purged taint

48
Q

When may illegally obtained evidence be used?

A

Impeachment
Civil hearings
Parole hearings

49
Q

What is the good faith exception?

A

Officer acts in reasonable reliance on a defective warrant

50
Q

What are the exceptions to the good faith exception?

A
  1. Officer knowingly provided false info

2. Lack of pc caused reliance on affidavit to be unreasonable

51
Q

When is there a due process violation in an identification of a subject?

A

Unduly suggestive

Conducive to mistaken id such that it is unfair to defendant

52
Q

What factors should determine bail?

A

Seriousness of offense
Weight of evidence against defendant
Defendant’s financial resources
Defendant’s character

53
Q

What is the automobile exception to the search warrant rule?

A

Officers can search a vehicle and its containers without a warrant if there is Pc that the vehicle contains contraband

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