criminal law/crim pro Flashcards
are informational checkpoints constitutional?
A police checkpoint set up to obtain information from motorists about a recent crime does NOT violate the 4th Amendment because the intrusion is minimal and the intent is NOT to find evidence of crime committed by the occupants of the vehicle.
what is included in the intent of “malice”?
willful and wanton misconduct (defend as creating a plain and strong likelihood that a protected structure will be burned) is a form of malice
what is depraved heart murder?
depraved-heart murder is a UNINTENTIONAL killing resulting from conduct involving a WANTON INDIFFERENCE to human life AND a conscious disregard of an unreasonable risk of death OR serious bodily injury, absent any defense negating defendants awareness of the risk
**involves EXTREMELY negligent conduct (or recklessness) that is of a higher degree than gross/criminal negligence (involuntary manslaughter)
what is felony murder?
felony murder is an UNINTENTIONAL killing proximately caused during the commission or attempted commission of a “serious or inherently dangerous felony”.
The underlying felony must be “malum in se”, that is an inherently dangerous felony.
what crimes are considered “inherently dangerous felonies”?
BARRK
- burglary
- arson
- robbery
- rape
- kidnapping
what is involuntary manslaughter?
an unintentional killing resulting without malice aforethought caused either by a) criminal negligence OR b) during the commission or attempted commission of an unlawful act.
“criminal negligence” requires that the defendants conduct create a high degree of risk or death or serious injury beyond th standard of ordinary tortious negligence.
what is “intent-to-inflict-serious-bodily-injury murder?
it is an UNINTENTIONAL killing proximately resulting from an act intended to cause serious bodily injury
**absent justification, excuse or mitigation, the intent to cause great bodily injury satisfies the malice element for general-intent murder.
