Criminal Law Flashcards
Self-Defense (Non-Deadly Force)
(1) DEF faced with imminent use of unlawful force
(2) Used such force as he reasonably believed was necessary to protect himself
(3) DEF was without fault
Self-Defense (Deadly Force)
(1) DEF was without fault
(2) DEF was confronted with unlawful force
(3) DEF reasonably believed that he was threatened with imminent death or great bodily harm
Voluntary Intoxication
This is only a defense to specific intent crimes.
To prevail on this defense, the DEF must be so drunk that they cannot form the requisite specific intent.
Mistake of Fact
Only a defense when it can be used to show that the DEF did not have the state of mind for the claim.
For specific intent crimes, the mistake can be reasonable or unreasonable.
For general intent crimes and malice crimes, only reasonable mistakes can be defenses.
Insanity- M’Naghten Rule
A DEF is entitled to acquittal if:
(1) a disease of the mind
(2) caused a defect of reason
(3) such that the DEF lacked the ability at the time of their actions to either know the wrongfulness of their action or understand the nature and quality of their actions
(Not Quite a Killer Weirdo)
Insanity- Irresistible Impulse Rule
A DEF is entitled to acquittal only if:
(1) because of a mental illness
(2) they were unable to control their action or conform the conduct to the law
Insanity- Durham Test
A DEF is entitled to acquittal if the crime was the product of their mental illness
Insanity- MPC Test
A DEF is entitled to acquittal if:
(1) They had a mental disease of defect and as a result,
(2) They lacked substantial capacity to appreciate the criminality of their conduct or conform their conduct to the requirements of law
When is retrial permitted without violating double jeopardy?
(1) When the first trial ends in a hung jury
(2) When there is a manifest necessity to abort the original trial
(3) When a DEF has successfully appealed a conviction when reversal based on the weight rather than sufficiency of evidence
(4) DEF breaches plea bargain
(5) DEF could have been tried for multiple charges in a single trial, but the DEF elects to have the offenses tried separately
Blockburger Test
Two crimes are the same offense unless each crime requires proof of an additional element
Ineffective Counsel
Effective Assistance to counsel is generally presumed.
To show ineffective counsel must prove:
(1) deficient performance by counsel
(2) but for the deficiency, the result of the proceeding would have been different
Exceptions to Warrant Requirement
(1) Search incident to lawful arrest
(2) automobile exception
(3) consent
(4) plain view
(5) stop and frisk
(6) emergency
(7) special needs of law enforcement
Search incident to lawful arrest
Police may conduct a warrantless search incident to an arrest as long as arrest was valid under federal or state law.
Scope: the police may search the arrestee’s person and areas within the immediate control of the arrestee
Automobile Exception
Applies when police have probable cause to believe that car contains contraband or fruits, instruments, or evidence of a crime
Scope: police may search anywhere where such items may be hidden
Plain View Exception
The police may make a warrantless seizure when they:
(1) Are legitimately on the premises
(2) discover evidence, fruits, or instrumentalities of crime or contraband
(3)See evidence in plain view
(4) Have probable cause to believe (i.e. immediately apparent) that the item is evidence, contraband, or a fruit or instrumentality of a crime.
