Criminal Law and Procedure Flashcards
Causation
Causation requires showing that the defendant was the actual and proximate cause of the crime. Proximate cause requires foreseeability.
Accomplice Liability
A person is an accomplice when there is a specific intent to achieve the crime; and aids and abets in the completion of the crime. An accomplice will be liable for crimes committed in furtherance of the crime committed.
Common Law Murder
Common law murder is unlawful killing with malice aforethought. Defendant must have intent to kill; intent to inflict serious bodily harm; reckless indifference of an extreme risk to human life; or intent to commit an inherently dangerous felony.
Voluntary Manslaughter
Voluntary manslaughter is killing that results from adequate provocation placing defendant in the heat of the moment with no time to cool off.
Involuntary Manslaughter
Involuntary manslaughter is a killing committed with criminal negligence or during the commission of an unlawful act.
Attempt
Attempt requires defendant have intent to commit a crime and an overt act or substantial step towards commission of the crime. Attempt merges into the underlying crime.
Withdrawal/Abandonment:
Attempt
Withdrawal or abandonment is not a defense to attempt. The crime is considered complete when the elements are satisfied.
Duress Defense
The defense of duress is available if defendant reasonably believes that another person would inflict great bodily harm or death. Duress is not a defense to murder.
M’Naghten Defense
The M’Nagthen defense is available if defendant has a mental disease, cannot appreciate the nature and quality of their wrongful act, and did not have knowledge that the act was wrongful.
Insanity Defense
(MPC)
The MPC recognizes an insanity defense if the defendant lacked substantial capacity to appreciate criminal conduct.
Criminal Government Action
An invalid search and seizure require the conduct be committed by a government agent or directed by the government.
REP
A search occurs when the government violates a person’s reasonable expectation of privacy in the location being searched.
Warrant Requirement General
A search and seizure requires a warrant unless an exception applies. The warrant must be issued by a detached and neutral magistrate, provide probable cause that the items are evidence of a crime, and describe the place and property to be searched with particularity.
Plain View
A warrant is not required if officers are legally on premises, the evidence is observed in plain view, and there is probable cause that the items are evidence of a crime or contraband.
Terry Stops
Police can stop a person when there is reasonable suspicion that a crime is being committed. The police may frisk during the stop if there is a reasonable belief that the person is armed and dangerous.
Miranda Rights
Under Miranda, any incriminating statement obtained as a result of a custodial interrogation may not be used against the suspect unless Miranda warnings were given.
Custodial Interrogation
A person is in custody when they reasonably believe that they are not free to leave. A person is subject to interrogation when the police attempt to elicit a criminal response.
Sixth Amendment
The Sixth Amendment provides a right to counsel after criminal charges have attached. The right to counsel applies to all critical stages. Once attached, attempts to deliberately elicit statements in absence of an attorney is a violation.
Exclusionary Rule
The exclusionary rule will suppress evidence obtained in violation of a defendant’s rights applicable to the states through the Fourteenth Amendment.
Fruit of the Poisonous Tree
Derivative evidence discovered as a result of the primary violation is also excluded as “fruit of the poisonous tree” unless an exception applies.
Independent Source Doctrine
The exclusionary rule does not apply if the police had an independent source for the evidence that was distinct from the original illegal source.
Inevitable Discovery Doctrine
The exclusionary rule does not apply if the discovery of the evidence was inevitable regardless of the violation.
Attenuation of Circumstances
The exclusionary rule does not apply if there is attenuation in the causal chain such that intervening events and the passage of time can remove the taint.
Receiving Stolen Property
A person is guilty of receiving stolen property of there is physical possession of the stolen property, knowledge that it was stolen, and intent to keep the property.
