Criminal Law and Criminal Pro Flashcards
Warrantless search allowed in these situations
Emergency and exigent circumstances
Search after arrest
Consent
Automobile exception –
Plain View
Evidence from administrative warrant - airports
Stop and Frisk – reasonable suspicion
Personal Crimes
BARKS + F
* Battery
* Assault
* Rape
* Kidnapping
* Statutory Rape
*False Imprisonment
Larceny
TIP
Taking and asportation of property from possession of another person 2. Without consent or with consent obtained by fraud, 3. With intent to steal (permanently deprive).
The M.P.C. eliminates the common law distinctions between general and specific intent and adopts the following categories of intent:
CRIM K
C – CRIMINALLY negligently-Fail to be aware of substantial and unjustifiable risk
R – RECKLESSLY (a.k.a. wantonly)-Consciously disregard substantial and unjustifiable risk
I – INTENTIONALLY Consciously object to engage in certain conduct or cause certain result
M – MALICIOUSLY - disregard of obvious of high risk that particular harmful result will occur.
K – KNOWINGLY Aware conduct is of particular nature or certain circumstances exist
A CUB can’t be sentenced to death for felony murder:
C – D didn’t COMMIT, command, or request the homicide
U – D was UNARMED with a deadly instrument or substance readily capable of causing death or serious physical injury AND
B – D had no reason to BELIEVE another co-conspirator was armed or intended to engage.
HIS negates a murderous intent:
HIS negates a murderous intent:
H – Committed in the HEAT of passion or under extreme emotional disturbance
I – INSANITY or infancy of killer
S – SELF-DEFENSE or defense of others/justification
Strict Liability Crime
BSS
Bigamy, Statutory Rape, selling liquor to minors
Criminal defenses:
M –MISTAKE of Fact – unreasonable mistake of fact specific intent crimes, if other crimes only reasonable mistakes
I – INSANITY
N – NECESSITY a.k.a. Choice of Evils Defense
I-Infancy
M-Mistake of Law
I- intoxication – (voluntary intoxication on SI)
S – SELF-DEFENSE/justification (ordinary defense in NY, affirmative defense in MBE)
E – ENTRAPMENT
D – DURESS
C – Consent
In asserting justification, D can on violent victim by presenting evidence of the victim’s violent:
R – REPUTATION
A – Violent ACTS
T – THREATS of violence against D
D. no expectation of privacy in:
Police Achieved A Glorious Victory Over Her Opponents = P: Paint scrapings A: Account Records A: Airspace G: Garbage V: Voice O: Odors H: Handwriting O: Open fields.
Exclusionary Rules Exceptions
KINDA. Knock and announce. Independent source. 1/2 Negligence. Discovery would be inevitable. Attenuating circumstances.
Speedy Trial - When deciding whether to grant D’s motion to dismiss for violating D’s right to a speedy trial, the court will consider the ## D paid:
P – PREJUDICE in the form of loss of witnesses
R – REASON for the delay
I – Whether D is INCARCERATED during delay
C – Severity of the CHARGE
E – EXTENT of the delay
Right to counsel before trial
PPPICA Attorney
Preliminary hearing to determine probable cause
Post charge line up
Post indictment
Custodial interrogation
Arraignment
No Right to counsel post-trial
No Right to counsel post-trial – PAP
Post Conviction procedures
Appeals (discretionary)
Parole and Probation Revocation
