Memorize! All subjects... Flashcards
Items I need to know quickly for essays
Hearsay
an out-of-court statement made for the truth of the matter asserted
attempted crime (attempted murder)
An attempt requires a specific intent to commit a criminal act coupled with a substantial step taken toward the commission of the intended crime, which fails to be completed.
Lying in wait for the victim or possessing materials required for the crime, may constitute a substantial step if they corroborate the defendant’s criminal purpose
Involuntary manslaughter
an unintentional homicide committed with criminal negligence or during an unlawful act.
Accomplice
acts with the purpose of promoting or facilitating the commission of the offense. (MPC)
Mere knowledge is not enough.
habeas corpus
The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment.
Wharton Rule
Prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons
manifest necessity
a circumstance which is an overwhelming and unforesseable nature that the reaching a fair result is impossible and which neccistates the declaration of a mistrial
Example: juror misconduct, hung jury, illness of counsel
♦ If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy.
Intentional Infliction of Emotional Distress (IIED)
Intentionally or recklessly engages in extreme and outrageous conduct that causes severe emotional distress