Criminal Law Flashcards
Specific Intent Crimes
- Assault
- Larceny
- Robbery
- Burglary
- Solicitation
- Conspiracy
- Attempt
Malice Crimes
- Manslaughter and can also be heat of passion
* Rape
Attempt
To commit a crime – state must establish 2 things:
- Actual intent to commit the crime
- Behavior that got the defendant in close proximity (very near) the completed crime
Aiding and Abetting
- Help and intent to have crime to take place
- Encourage
• Victim rule: Can’t convict someone if they were in the class of people that the statute was designed to protect
Solicitation
- Ask another to commit a crime with the intent of that person to commit the crime
- NOTE: Solicitation is a crime even if it is immediately rejected by person who solicits
Conspiracy
ELEMENTS:
• ENTERING INTO AN AGREEMENT to commit a crime; AND
• With the INTENT that the crime be committed
• Modern statutes often require an OVERT ACT in furtherance by one member of the group.
- Co-conspirators are liable for both the conspiracy and substantive offenses committed in furtherance of the conspiracy
- A withdrawal will get the defendant off the hook for all substantive crimes after withdraw but does not get the defendant off the hook for conspiracy – HAVE TO WITHDRAW W/CONSPIRATORS
- To have a successful withdrawal, person must voluntarily give it up and communicate that to all co-conspirators in time to change their plans
- A defendant can be found guilty for conspiracy and substantive offense if did not properly withdraw
Robbery
Intentional taking and carrying away the personal property of another by force or intimidation from other’s person or presence with intent to deprive.
Larceny v. Embezzlement
When dealing with theft by an EE – answer choice is embezzlement or larceny
• If LOW LEVEL EE that has control over property for a LIMITED PERIOD of time then larceny
• If HIGH LEVEL EE that has control over property for EXTENSIVE PERIOD of time then embezzlement
6 exceptions to warrantless searches
- Search incident to lawful arrest - Can be conducted in immediate area of defendant
- Consent
- Automobile search - Have to have probable cause to search
- Plain View
- Stop and Frisk - Need reasonable suspicion
- True emergency - Lives in danger or destruction of evidence
Even if search unreasonable, evidence is not suppressed in the following situations:
• Police in good faith believed that the warrant was valid, but warrant turns out to be invalid still not suppress evidence
• Evidence used at proceeding other than a trial on the merits:
1. Impeachment
2. Grand jury proceeding
3. Preliminary hearing
4. Sentencing
Stop and Frisk
• Reasonable suspicion okay then anything illegally subsequently observed through sight or touch then able to size illegal items
3 types of confessions that result in constitutional violation and have a remedy as suppression
3 types of confessions that result in constitutional violation and have a remedy as suppression • Involuntary Confession: Government can’t use confession in case in chief against defendant and can’t use the confession if the defendant takes stand to impeach
• Confessions in violation of Miranda: Violation and remedy is that can’t use it in case in chief, but CAN use it to impeach the defendant
• Confessions that violate the right to counsel: Once judicial proceedings begin then NO CONVERSATION and NO INTERROGATION unless counsel present
What must be proven during trial:
- State must prove each element beyond a reasonable doubt – elements include each piece of behavior, mental state, any result found in definition of crime.
- Defense to criminal charge that one element of crime is missing the defendant raise reasonable doubt missing (i.e., mental state – not meet)
- All other defenses – state can if it wants to require the defendant to prove that proof by preponderance of the evidence (i.e., mental illness, necessity)
Double jeopardy – 3 issues deal with:
o When does jeopardy attach the first proceeding
• Jury trial – when jury sworn
• Bench trial – when parties announce ready and defendant enters plea
o Assuming jeopardy attached are there exceptions that will allow the prosecutor to try that offense again
• Ended in hung jury
• Convicted and appeals and makes request for second trial that is granted
• First trial ended in mistrial that did not result from the prosecutors misconduct
• Mistrial for manifest necessity – when no prosecutor misconduct
o What exactly same offense mean:
• If each of two crimes requires proof of a fact that the other does not they are not the same offense for purposes of double jeopardy and can be convicted of both crimes
Right to jury trial
In serious offense have right to jury trial
o Serous offense = Maximum sentence is more than 6 months
6 person jury can be used but must be unanimous decision
