Criminal Law/Pro Flashcards
1
Q
Assault
A
Intent to cause another fear or imminent injury
2
Q
Battery
A
Intent to cause injury or offensive toughing
3
Q
1st Degree Murder
A
Premeditated OR
Felony
4
Q
2nd Degree Murder
A
All murder that isn’t 1st degree or manslaughter
5
Q
Voluntary Manslaughter
A
- Provocation
- D was in fact provoked
- No time to cool off
- D did not cool off
- or imperfect self defense
6
Q
Involuntary Manslaughter
A
- Gross negligence
2. defendant disregarded substantial harm/death
7
Q
Larceny
A
- Intent to Steal
- property of another
- taking and carrying away
8
Q
Embezzlement
A
- Lawfully in possession
- fraud conversion of another
9
Q
False Pretenses
A
defendant knowingly lies to someone to get title
10
Q
Robbery
A
- Property taken from their presence
- through force or fear
11
Q
Burglary
A
- Breaking and entering
- of house
- at nighttime
- intent to commit felony
12
Q
Receipt of Stolen Property
A
- knowingly
- receive, conceal or dispose
- stolen property
13
Q
Solicitation
A
- Request or encourage
- another to commit a crime
- intent they do so
14
Q
Conspiracy
A
- Agreement
- 2 or more people
- intent to commit unlawful act
- majority = overt act
15
Q
Attempt
A
- intent to commit crime
- beyond mere preparation
16
Q
Accomplice
A
- Principal = commits crime
- accomplice = aids & abets, liable if foreseeable
- accessory after the fact = obstruction of justice
17
Q
General Intent Crimes (aware)
A
You have to be aware.
- Rape
- Kidnapping
- False Imprisonment
18
Q
Rape
A
- unlawful sex
- no consent
19
Q
Kidnapping
A
- unlawful confinement
- move or conceal in a secret place
20
Q
False imprisonment
A
- aware of confining a person
- aware of confinement
21
Q
Malice Crime
A
Arson
22
Q
Arson
A
- malicious burning
- dwelling of another
23
Q
Strict Liability
A
guilty for just committing the act
- statutory rape
- selling liquor to minor
24
Q
Defenses to Specific Intent Crimes
A
- Self Defense
- Defense of others
- Defense of property
- Insanity
- Necessity
- Mistake of fact (specific crimes only)
- Impossibility
- Entrapment
25
Insanity
1. M'Naughten
2. Durham
3. Irresistible Impulse
26
M'Naugten
- D has a mental disease
| - does not understand or know its wrong
27
Durham
Insanity defense. Conduct is the product of the mental illness
28
Irresistible impulse
Insanity defense. Defendant is unable to control conduct
29
Voluntary Intoxication
Negates specific intent crimes only
30
Involuntary Intoxication
Defense for all crimes, treated as insanity
31
Impossibility
```
Fact= no defense
law= defense because its not criminal
```
32
Entrapment
- law enforcement
- induces D to commit crime
- D would not have committed the crime
valid defense
33
4th amendment
protects people from unreasonable searches and seizures
34
Arrest
- need warrant if in home
| - probable cause (reasonable belief based off of articulable facts)
35
Search and Seizure
A search warrant based on probable cause is required for government search and seizure in a location where one has a reasonable expectation of privacy. Must be government action and not a private person.
No warrant needed for
1. Search Incident to Arrest
2. Plain view
3. automobile exception
4. consent
5. exigent circumstances
6. stop & frisk
36
Search Incident to Arrest
- lawful arrest
- police can search the area within the grab zon
- police can do a protective sweep of all or some of the premises where the defendant is arrested if they have a reasonable belief other dangerous people are present
- police can search a car and its compartments if they have probable cause to believe evidence fo the offense is in the car
37
Plain View
Police can make warrantless search i they see contraband in plain view as long as they are lawfully on premises
38
Automobile Exception
- Police can randomly stop cars if there is reasonable suspicion
- police can search the entire car if they have probable cause to believe the contraband they are arresting for is in the car.
- if the defendant is arrested and the car is impounded, they can search the car without a warrant at the station
39
Exigent Circumstances
- Destruction of evidence
- injury to a person
- hot pursuit
40
Stop & Frisk
- Reasonable suspicion
- articulable facts
- pat down for weapons okay
41
Exclusionary Rule
- cause use evidence found in violation of defendants 4th, 5th or 6th amendment right
- defendant needs standing to be able to use exclusionary rule
42
Fruit of Poisonous Tree
Evidence found from violation of 4th, 5th or 6th amendment is inadmissible except
i. independent souce
ii. inevitable discovery
iii. no casual chain, too attenuated
- illegally obtained evidence can still be used to impeach
- illegally obtained evidence is still allowed in civil court and parole hearings
43
5th amendment
Miranda warnings. When defendant is in custody and interrogation his confession will only be admissible if he received miranda warnings.
- cant re-mirandize. 14 days needed
- can waive miranda if it is voluntary. Mere silence is not enough
- If miranda is invoked police must cease all questions
- fingerprints, lineups, blood samples, photographs do not violate 5th amendment
44
Custody
A reasonable person would not feel free to leave
45
Interrogation
Police action that would reasonably elicit incriminating information
-suspect must be aware they are talking to the police. A custodial interrogation doesn't happen when a suspect speaks to an undercover agent or informant even if in jail
46
5th Amendment Double Jeopardy
Protects people from being tried twice. Attached when jury is impaneled and sworn in or when the 1st witness is sworn in on a bench trial
47
5th Amendment Due Process
- confessions must be voluntary
| - identifications cannot be suggestive
48
6th Amendment
Persons right to counsel. A suspect who has been charged with a crime has a right to counsel.
49
6th amendment Confrontation Clause
Defendant has a right to confront adverse witnesses. Applies to co-defendants as well. Must redact statement or put them on the stand to be crossed
50
6th Amendment right to jury trial
defendant has a right to a jury trial if they are facing more than 6 months in jail
