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My Bar study > Criminal Law and Procedure > Flashcards

Criminal Law and Procedure Flashcards

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1
Q

Actus Reus

A

A physical act must be voluntary

Omissions: Liability for failure to act arises when there is a legal duty to act, knowledge of the need to act, and the ability to act.

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2
Q

Specific Intent

A

Mens Rea

Intent to commit a particular crime (e.g., burglary, larceny).

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3
Q

General Intent

A

Mens Res

Awareness of acting in a prohibited manner (e.g., battery, rape).

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4
Q

Malice

A

Mens Rea

Reckless disregard of a substantial risk (e.g., murder, arson).

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5
Q

Strict Liability

A

Mens rea

No intent required (e.g., statutory rape, regulatory offenses).

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6
Q

Concurrence

A

The defendant must have the requisite mens rea at the time of the actus reus.

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7
Q

Actual Cause

A

(But-For) The defendant’s conduct is the actual cause of the harm.

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8
Q

Proximate Cause

A

The harm is a foreseeable result of the defendant’s conduct.

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9
Q

Murder

A

homicide

Unlawful killing with malice aforethought.

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10
Q

First-Degree Murder

A

Premeditation and deliberation.

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11
Q

Second-Degree Murder

A

Depraved heart or intent to cause serious bodily harm.

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12
Q

Voluntary Manslaughter

A

Homicide

Killing in the heat of passion

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13
Q

Involuntary Manslaughter

A

Homicide

Reckless or criminally negligent killing.

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14
Q

Assault

A

Attempted battery or creating apprehension of imminent harm

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15
Q

Battery

A

Unlawful application of force.

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16
Q

Kidnapping

A

Unlawful confinement and movement of a person.

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17
Q

Rape

A

Non-consensual sexual intercourse by force or threat

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18
Q

Larceny

A

Trespassory taking and carrying away of personal property with intent to permanently deprive.

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19
Q

Embezzlement

A

Fraudulent conversion of property by one in lawful possession.

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20
Q

False Pretenses

A

Obtaining title to property by intentional false statement.

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21
Q

Robbery

A

Trespassory taking and carrying away of personal property with intent to permanently deprive (+) using force or threat.

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22
Q

Burglary

A

Breaking and entering a dwelling at night with intent to commit a felony.

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23
Q

Arson

A

Malicious burning of a dwelling.

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24
Q

Solicitation

A

Inchoate crimes

Asking someone to commit a crime.

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25
Q

Conspiracy

A

Inchoate crimes

Agreement between two or more people to commit a crime, plus an overt act.

26
Q

Attempt

A

Inchoate crimes

Intent to commit a crime and a substantial step toward completion

27
Q

Self-Defense

A

Justification defenses

Reasonable belief in imminent harm and use of proportional force.

28
Q

Defense of Others

A

Justification defenses

Reasonable belief that force is necessary to protect another.

29
Q

Defense of Property

A

Justification defenses

Reasonable force to protect property.

30
Q

Necessity

A

Justification defenses

Crime committed to prevent a greater harm.

31
Q

Duress

A

Excuse defenses

Crime committed under threat of imminent death or serious harm.

32
Q

Insanity

A

Excuse defense

Lack of mental capacity to understand the wrongfulness of the act (various tests: M’Naghten, Irresistible Impulse, MPC).

33
Q

Voluntary Intoxication

A

Excuse defenses

Defense to specific intent crimes

34
Q

Involuntary Intoxication

A

Excuse defenses

Defense to all crimes if it negates mens rea.

35
Q

Mistake of Fact

A

Excuse Defenses

Honest and reasonable belief negating mens rea.

36
Q

Entrapment

A

Excuses Defense

Government inducement of crime and defendant’s lack of predisposition.

37
Q

Fourth Amendment

A

searches seizures

38
Q

Reasonableness Clause

A

Prohibits unreasonable searches and seizures.

39
Q

Warrant Requirement

A

Searches and seizures typically require a warrant based on probable cause.

40
Q

Exigent Circumstances

A

Exception to the warrant requirement

Emergency situations.

41
Q

Search Incident to Lawful Arrest:

A

exception to the warrant requirement

Search of arrestee and immediate surroundings.

42
Q

Consent

A

exception to the warrant requirement

Voluntary and informed consent.

43
Q

Automobile Exception

A

exceptions to warrant requirement

Probable cause to search a vehicle.

44
Q

Plain View

A

exceptions to warrant requirement

Items in plain view of an officer who has a right to be in the position to see them.

45
Q

Stop and Frisk (Terry Stop)

A

Exceptions to warrant requirement

Reasonable suspicion of criminal activity.

46
Q

Fruit of the Poisonous Tree

A

Exclusionary rule

Evidence derived from illegal searches or seizures is inadmissible.

47
Q

5th Amendment

A

Self incrimination

48
Q

Miranda Warnings

A

Required when a person is in custody and subject to interrogation.

49
Q

Voluntariness

A

Confessions must be voluntary, not coerced.

50
Q

Double Jeopardy (Protection)

A

Cannot be tried twice for the same offense

51
Q

Double Jeopardy Exceptions

A

Separate sovereigns, mistrial, retrial after appeal

52
Q

Procedural Due Process

A

Fair procedures (notice and hearing).

53
Q

Substantive Due Process

A

Protection against arbitrary and capricious laws.

54
Q

6th amendment

A

right to counsel

55
Q

Critical Stages

A

Right to counsel at all critical stages of prosecution.

56
Q

Effective Assistance

A

Right to competent legal representation.

57
Q

right to a speedy trial

A

Factors: Length of delay, reason for delay, defendant’s assertion of the right, and prejudice to the defendant.

58
Q

Right to Confront Witnesses

A

Cross-Examination: Opportunity to confront and cross-examine witnesses.

59
Q

Right to a Jury Trial

A

Serious Offenses: Right to a jury trial in serious criminal cases.

60
Q

8th amendment

A

cruel and unusual punishment

61
Q

(8th amendment) Prohibition

A

Protects against excessive bail, fines, and cruel and unusual punishment.

62
Q

Death Penalty

A

Restrictions on imposition (e.g., cannot be imposed on minors or intellectually disabled individuals).

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