New Crim Flashcards

1
Q

Words alone not enough for voluntary manslaughter adequate provocation

A

GIOUARD

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2
Q

Explicit Malice Murder

A

Expressed intent = Explicit Malice (Taylor) Intentional wickedness

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3
Q

Voluntary Act Common law

A

Utter

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4
Q

Omission

A

Pestikas

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5
Q

Bystander liability

A

Davis - if they encouraged or aided and abetted liable

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6
Q

Mens Rea: Purpose

A

US v Bailey (Left jail for different purpose)

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7
Q

Mens Rea: Knowledge

A

REHAIF

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8
Q

Willful Blindness / Knowledge as practical certainty

A

JEWELL

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9
Q

Victims act breaks causal chain

A

SMITH

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10
Q

Vagueness Doctrine

A

MORALES
1. No notice on law aka Not published or not explicitly clear to individual 2. Too much discretion to police
MORALES CASE

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11
Q

Ambiguous Statute (Multiple meanings)

A

BELL CASE - RULE OF LENITY APPLYS LAW IN D’s FAVOR

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12
Q

RETROACTIVITY

A

ROGERS - After the fact

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13
Q

WRITTEN STATUTE REQUIREMENT

A

STATE V STREET

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14
Q

CAN USE COMMON LAW TO INTERPRET STATUTE

A

LEWIS

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15
Q

Innocent until proven guilty

A

OWENS

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16
Q

CUSTODY IS NOT POSSESSION FOR EMBEZZLEMENT SO IF YOU TAKE IT ITS LARCENY

A

MACNAS

17
Q

OVERT ACT FOR CONSPIRACY

A

Shabani

18
Q

ABANDON CONSPIRACY

A

NEE - IM OUT YALL OR SNITCH

19
Q

CONSPIRACY AGREEMENT

A

PACHEO - CAN BE UNI OR BILATERAL

20
Q

SPECIFIC INTENT FOR CONSPIRACY

A

VALLE - intend to Agree 2 crime