Criminal Law and Procedure Flashcards
Actus Reus
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.
Specific Intent
Mens Rea
Intent to commit a particular crime (e.g., burglary, larceny).
General Intent
Mens Res
Awareness of acting in a prohibited manner (e.g., battery, rape).
Malice
Mens Rea
Reckless disregard of a substantial risk (e.g., murder, arson).
Strict Liability
Mens rea
No intent required (e.g., statutory rape, regulatory offenses).
Concurrence
The defendant must have the requisite mens rea at the time of the actus reus.
Actual Cause
(But-For) The defendant’s conduct is the actual cause of the harm.
Proximate Cause
The harm is a foreseeable result of the defendant’s conduct.
Murder
homicide
Unlawful killing with malice aforethought.
First-Degree Murder
Premeditation and deliberation.
Second-Degree Murder
Depraved heart or intent to cause serious bodily harm.
Voluntary Manslaughter
Homicide
Killing in the heat of passion
Involuntary Manslaughter
Homicide
Reckless or criminally negligent killing.
Assault
Attempted battery or creating apprehension of imminent harm
Battery
Unlawful application of force.
Kidnapping
Unlawful confinement and movement of a person.
Rape
Non-consensual sexual intercourse by force or threat
Larceny
Trespassory taking and carrying away of personal property with intent to permanently deprive.
Embezzlement
Fraudulent conversion of property by one in lawful possession.
False Pretenses
Obtaining title to property by intentional false statement.
Robbery
Trespassory taking and carrying away of personal property with intent to permanently deprive (+) using force or threat.
Burglary
Breaking and entering a dwelling at night with intent to commit a felony.
Arson
Malicious burning of a dwelling.
Solicitation
Inchoate crimes
Asking someone to commit a crime.
Conspiracy
Inchoate crimes
Agreement between two or more people to commit a crime, plus an overt act.
Attempt
Inchoate crimes
Intent to commit a crime and a substantial step toward completion
Self-Defense
Justification defenses
Reasonable belief in imminent harm and use of proportional force.
Defense of Others
Justification defenses
Reasonable belief that force is necessary to protect another.
Defense of Property
Justification defenses
Reasonable force to protect property.
Necessity
Justification defenses
Crime committed to prevent a greater harm.
Duress
Excuse defenses
Crime committed under threat of imminent death or serious harm.
Insanity
Excuse defense
Lack of mental capacity to understand the wrongfulness of the act (various tests: M’Naghten, Irresistible Impulse, MPC).
Voluntary Intoxication
Excuse defenses
Defense to specific intent crimes
Involuntary Intoxication
Excuse defenses
Defense to all crimes if it negates mens rea.
Mistake of Fact
Excuse Defenses
Honest and reasonable belief negating mens rea.
Entrapment
Excuses Defense
Government inducement of crime and defendant’s lack of predisposition.
Fourth Amendment
searches seizures
Reasonableness Clause
Prohibits unreasonable searches and seizures.
Warrant Requirement
Searches and seizures typically require a warrant based on probable cause.
Exigent Circumstances
Exception to the warrant requirement
Emergency situations.
Search Incident to Lawful Arrest:
exception to the warrant requirement
Search of arrestee and immediate surroundings.
Consent
exception to the warrant requirement
Voluntary and informed consent.
Automobile Exception
exceptions to warrant requirement
Probable cause to search a vehicle.
Plain View
exceptions to warrant requirement
Items in plain view of an officer who has a right to be in the position to see them.
Stop and Frisk (Terry Stop)
Exceptions to warrant requirement
Reasonable suspicion of criminal activity.
Fruit of the Poisonous Tree
Exclusionary rule
Evidence derived from illegal searches or seizures is inadmissible.
5th Amendment
Self incrimination
Miranda Warnings
Required when a person is in custody and subject to interrogation.
Voluntariness
Confessions must be voluntary, not coerced.
Double Jeopardy (Protection)
Cannot be tried twice for the same offense
Double Jeopardy Exceptions
Separate sovereigns, mistrial, retrial after appeal
Procedural Due Process
Fair procedures (notice and hearing).
Substantive Due Process
Protection against arbitrary and capricious laws.
6th amendment
right to counsel
Critical Stages
Right to counsel at all critical stages of prosecution.
Effective Assistance
Right to competent legal representation.
right to a speedy trial
Factors: Length of delay, reason for delay, defendant’s assertion of the right, and prejudice to the defendant.
Right to Confront Witnesses
Cross-Examination: Opportunity to confront and cross-examine witnesses.
Right to a Jury Trial
Serious Offenses: Right to a jury trial in serious criminal cases.
8th amendment
cruel and unusual punishment
(8th amendment) Prohibition
Protects against excessive bail, fines, and cruel and unusual punishment.
Death Penalty
Restrictions on imposition (e.g., cannot be imposed on minors or intellectually disabled individuals).
