Criminal Law And Procedure Flashcards
Elements of conspiracy (at CL and under FL law)
At CL, conspiracy requires an agreement between two or more persons, and intent to enter into the agreement, an intent to achieve the objective of the agreement and an overt Act.
In Florida, an overt Act is not necessary.
Explain Withdrawal Defense under both the common law and Florida law
Under common law withdrawal is not generally at the fence to a conspiracy. However, It may be a defense if the defendant completely Sports the success of the
Withdrawal will be a defense under Florida law if 1) the accused persuades co-conspirators not to commits the offense. And 2) the circumstances manifest a complete and voluntary renunciation of criminal purpose.
M’Naghton test for insanity
1) Mental disease or defect
2) Which causes the defendant
3) Not to understand the nature and quality of his actions or appreciate the criminality of his conduct.
Voluntary intoxication under both common law and Florida law?
At common law, voluntary intoxication is a defense to any specific intent crime.
Under Florida law voluntary intoxication is never a defense to any crime.
Elements of CL criminal battery
1) Unlawful application of force
2) The person of another
3) Resulting in bodily injury or an offensive touching.
Aggravated battery involves:1) use of a deadly weapon, 2) serious bodily harm, or 3) battery of a child woman or police officer.
CL Criminal assault
Is either:
1)an attempt to commit a battery or
)Intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm
Criminal battery under Florida law
1) intentionally striking the person of another against their will
Or
2) Intentionally causing bodily harm to another person.
Specific intent is required.
First degree murder under Florida law
Three ways:
The unlawful killing of another buy premeditated design
The unlawful killing of another during the commission of an enumerated felony.
The unlawful killing have another as the proximate result of distribution of a controlled substance.
First second and third degree felony murder under Florida law
First degree felony murder is the unlawful killing of another during the commission of an enumerated felony.
Second degree. Felony murder is the unlawful killing of another by a co-felon during the commission of an enumerated felony.
Third degree felony murder is the unlawful killing of another during the commission of a non enumerated felony.
Second degree murder under Florida law
An unlawful killing of another
1) By any Act imminently dangerous to another
2) Evincing a depraved mind regardless of human life but without premeditated design
Or
Second degree felony murder
3rd degree murder under Florida law
The unlawful killing of another during the commission of a non enumerated felony.
Manslaughter under Florida law
The unlawful killing of another by criminal negligence without legal justification
Murder at common law
The unlawful killing of a human being with malice aforethought.
Malice aforethought requires any one of the following states of mind
1) Intent to kill
2) intent to inflict substantial bodily harm
3) intent to commit a felony
4) a reckless disregard for an unjustifiable a high risk to human life ( depraved-heart).
Voluntary manslaughter at common law
The unlawful killing of another that would be common-law murder, but for the existence of an adequate provocation.
Requires:
1) sudden and intense provocation
2) defendant in fact provoked
3) insufficient time to cool off
4) Defendant in fact did not cool off.
Involuntary manslaughter at common law
The unlawful killing of another by criminal negligence.
Larceny at common law
The taking and transporting of the personal property of another without their consent and with the intent to permanently deprive them of their ownership interest.
Embezzlement
Fraudulent conversion of personal property of another by a person in lawful possession of that property.
False pretenses
Obtaining title to property by consent induced by fraudulent misrepresentation with intent to defraud.
Robbery at common law
The taking By force or violence of the personal property of another without their consent and with the intent to permanently deprive them of their incidents of ownership.
Burglary at common law
The breaking and entering into the dwelling home of another at night with the intent to commit a felony.
Burglary under Florida law
The entering or remaining surreptitiously in a dwelling or structure with the intent to commit an offense Darien.
Burglary under Florida law
The entering or remaining surreptitiously in a dwelling or structure with the intent to commit an offense Darien.
Arson at common law
The malicious burning of the dwelling of another
Arson under Florida law
The willful or unlawful damaging of any structure by fire or explosives
Or
During the commission of any felony..
Drug trafficking under Florida law
Knowingly selling, purchasing, making, delivering or knowingly in possession of a controlled substance.
3-part Analysis for Search & Seizure
- Standing? (reasonable expectation of privacy)
- Valid warrant? (1) PC based upon reliable information and 2) description of persons and places to be searched and things to be seized)
- If not, do any exceptions apply?
Name and Identify the 6 exceptions to the warrant requirement under the 4th Amendment
- Incident to lawful arrest
- Automobile exception
- Plain view (or plain feel)
- Consent
- Stop & Frisk
- Exigent circumstances, hot pursuit
Explain scope of permitted search incident to arrest
- Arrest must be constitutional
- Protective sweep permitted (limited to search for weapons or evidence within reach of suspect)
- For auto, search of passenger compartment to search for weapons or evidence if suspect has not been secured).
Explain scope of permitted search under Auto Exception
Police can search full scope of car if reasonable suspicion it contains evidence of a crime
Elements for Plain View exception to warrant requirement
- Police must have right to be where they are;
2. Can seize “fruits, instrumentalities and evidence” within plain view.
Legal analysis for admissibility of confessions
- Is suspect “in custody?”
- Is it an interrogation?
- Miranda advisory given?
- KIV waiver (or invocation) of rights to remain silent and/or an attorney?
When is suspect “in custody”?
- When does not feel free to leave
2. Coercive circumstances similar to Miranda
Definition of interrogation
Any words or acts “likely to elicit a response” from suspect
Effect of Invoking Right to Remain Silent
Police can probably re-question about a different crime after a break if fresh warnings given
Effect of Invoking 5th Amendment Right to Counsel
Police may not resume interrogating until counsel is provided UNLESS suspect re-initiates.
What are the elements of assault under Florida law?
- Intentional
- unlawful Threat by word or act
- to do violence to the person of another
- with apparent ability and
- an act which creates well-founded fear that such violence is imminent
