Criminal Law Flashcards
Under common law, the elements of conspiracy include:
- an agreement between two or more persons,
- an intent to enter into an agreement, and
- an intent to achieve the objective of the agreement
Most states also require some overt act in furtherance but the common law does NOT require this
What elements of involuntary manslaughter
- A killing of criminal negligence
2. Misdemeanor manslaughter killing someone while committing misdemeanor or unenumerated felony
Definition of criminal negligence
Mens rea of criminal negligence if fails to be aware of a a substantial and unjustifiable risk, and failure constitutes a substantial deviation from the standard of care that a reasonable person would have exercised in the same situation.
Some states use recklessness as mental state if consciously disregards substantial and unjustifiable risk.
Causation for murder
Both cause in fact and proximate cause. Cause in fact = but for cause, and proximate cause = death a natural probable consequence of conduct
Accomplice liability elements
Person:
- has intent to assist principal and intent that principal commit crime
- actually aids, counsels, encourages principal during commission
- Usually requires same mental state as principal regarding likelihood of harm (not formal rule but how it plays out)
Under the plain view exception, a police officer may make a warrantless seizure of evidence if…
(i) the officer is in a place he lawfully is allowed to be
(ii) sees in plain view items that he has
(iii) immediate probable cause to believe are
(iv) contraband or evidence, instrumentalities, or fruits of a crime.
A school search will be upheld only if…
(1) it offers a moderate chance of finding evidence of wrongdoing,
(2) the measures adopted to carry out the search are reasonably related to the objectives of the search, and
(3) the search is “not excessively intrusive in light of the age and sex of the student and the nature of the infraction.”
