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1
Q

Hearsay

A

an out-of-court statement made for the truth of the matter asserted

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2
Q

attempted crime (attempted murder)

A

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

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3
Q

Involuntary manslaughter

A

an unintentional homicide committed with criminal negligence or during an unlawful act.

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4
Q

Accomplice

A

acts with the purpose of promoting or facilitating the commission of the offense. (MPC)

Mere knowledge is not enough.

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5
Q

habeas corpus

A

The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment.

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6
Q

Wharton Rule

A

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

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7
Q

manifest necessity

A

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.

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8
Q

Intentional Infliction of Emotional Distress (IIED)

A

Intentionally or recklessly engages in extreme and outrageous conduct that causes severe emotional distress

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