! Ray- Essay Crim REAL Flashcards
General rule search
likely be successful in having the evidence suppressed.
Article 1, Section 8 of the Pennsylvania Constitution establishes a right of individuals to be free from unreasonable searches and seizures. Although a criminal defendant has automatic standing under Pennsylvania law to challenge a search when, as a result of evidence seized in the search, he is charged with a possessory offense, the defendant must nevertheless demonstrate that he personally has a reasonable expectation of privacy in the thing improperly searched in order to succeed on a Motion to Suppress. Commonwealth v. Millner, 585 Pa. 237, 888 A.2d 680 (2005). “In order to do so, he must demonstrate that he held such a privacy interest which was actual, societally sanctioned as reasonable, and justifiable in the place invaded…” Id.
MPC Purposefully, Knowingly/ (PA) Intentionally Reckless Negligently
Purposefully: conscious objective to bring the harm
[“intentionally” in PA]
Knowingly: Aware that conduct is of a particular nature OR knows his conduct will necessarily or very likely cause a particular result.
Recklessly: Knows of and consciously disregards a substantial and unjustifiable risk.
Fails to be aware of a substantial and unjustifiable risk.
[Objective]
Murder- PA
In order to be guilty of murder,
pa- Vicarious liability
A person is legally accountable for another person where:
(i) causes an innocent/irresponsible person to engage in such conduct
(ii) is accountable by statute
(iii) Accomplice
pa- defense to corp/unincorp
Defense to corporation or unincorporayed association if,
proved by preponderance of evidence, that high managerial agent employed DUE DILIGENCE to prevent its commission.
pa- accomplice + defense (“sad” + “vote”)
pa- is accessory after fact accomplice?
- Accomplice: A person is accomplice if, with intent of promoting the commission of the offense if hes
“SAD” but not guilty if “VOTE”
(i) solicits another to commit crime
(ii) aids or attempts to aid
(iii) declared by law to establish complicity
Not accomplice if “vote”
(i) victim of the offense
(ii) offense defined making conduct incident 2commission
(iii) TERMINATES complicity
(iv) TIMELY warning to law enforcement OR
(v) EFFECTIVENESS wholly deprived
- Accessory after the fact is NOT accomplice, instead he is guilty of “hindering apprehension to prosecution”
pa- solicitation + defense
Persuaded the other person not to do it or otherwise prevented the commission of the crime under circumstances manifesting a complete and voluntary renunciation of the actor’s criminal intent.
pa- conspiracy (“asop” “np”) + defense (“r”)
A person is guilty of conspiracy if “asop” + “np”
(i) enters into AGREEMENT
(ii) SHARED criminal intent (to enter into agreement)
(iii) OVERT act in furtherance of conspiracy
(iv) POLICE can be co conspirator
- liable for all NATURAL + PROBABLE consequences of act
Defense of Withdrawal:
Thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal intent.
Unilateral
Attempt
Abandonment: NOT voluntary and complete withdraw if motivated by
(i) believe that circumstances exist that increase probability of getting caught, or that make accomplishing criminal purpose more difficult, or
(ii) decision to postpone criminal conduct or transfer criminal effort to another victim or another similar objective
overt act requirement (substantial step)
Insanity
M’Naghten: unable to know the wrongfulness of his conduct or the nature and quality of his acts
Diminished Capacity: only negates specific intent of first deg murder
Guilty but Mentally Ill: falls short of M’Naghten
Voluntary intoxification
Not defense to any criminal charge, but will reduce murder from a higher degree to a lower degree (generally, first to third).
Was D intoxicated to such a degree that he lost his rationality, faculties, or sensibilities to negate or lower intent to kill?
Minors
<10: capable of committing delinquent acts
>14: may be treated as delinquents or tried as adults if warranted under the circs
Self defense
- bin papu *
Self defense is justifiable when actor - believes immed necessary to - - protect against other persons
- use of unlawful force
Not justifiable when:
(1) resisting arrest being made by known police officer, even if arrest is unlawful
(2) resist force used by possessor of property when actor knows that person using force is doing so under a claim of right to protect the property,
but does not apply IF:
(a) actor is public officer acting in performance of duties, or person lawfully assisting him
(b) actor has been unlawfully dispossessed of prop and is making justifiable reentry or recapture, or
(c) actor believes that force is necessary to protect himself against death or serious bodily injury
Deadly force
Use of deadly force justifiable when actor believes that such force is necessary to protect himself against
(1) death or serious bodily injury
(2) kidnapping, or
(3) sexual intercourse compelled by force or threat
BUT can’t use if actor KNOWS that he can avoid the necessity of using such force with complete safety by retreating,
Duty to retreat doesn’t apply if
(i) actor is in his own dwelling
(ii) place of work UNLESS he was initial aggressor or is assailed in his place of work by a person whose place of work the actor knows it to be
EVEN IF NOT IN HOME/WORKPLACE, an actor (not engaged himself in criminal activity or in illegal possession of gun) still may not have a duty to retreat and can stand his ground and use deadly force, IF
(i) actor has a right to be in the place where he was attacked;
(ii) actor believes it immediately necessary to use deadly force (under standard factors for DF listed above); AND
(iii) person against whom force is used displays or otherwise uses (a) gun, or (b) any other weapon readily capable of lethal use.
Doesn’t apply to force used against LEO acting in performance of official duties and actor knew/reasonably should know that person was LEO
deadly force presumptions
Actor presumed to have reasonable believe that deadly force is immediately necessary if:
(i) person against whom force is used is in process of/or has unlawfully/forcefully entering a dwelling, residence, or occupied vehicle, or person is attempting to unlawfully/forcefully remove another against that other’s will from the dwelling/res/occ vehicle, AND
(ii) actor knows or has reason to believe that the unlawful and forceful entry is occurring/occurred
Presumptions don’t apply if
(i) person against whom force is used has right to be there
(ii) person sought to be removed is child/grandchild/in lawful custody of the person
(iii) actor is engaged in crim activity or is using the dwelling/residence/occ vehicle to further crim activity, or
(iv) person is a LEO acting in performance of official duties and actor knew/reasonably should know that person was LEO
Resisting Arrest
(i) with intent of preventing public servant from effecting a lawful arrest or discharging another duty
(ii) creates substantial risk of bodily injury to servant or anyone else, or employs means justifying substantial force to overcome the resistance.
Underlying arrest must be lawful and arresting officer must have acted with authority and PC
Still can’t use force if person knows arrest is being made by police officer, but may use force if the officer unlawfully uses or threatens to use deadly force. Can use force to resist illegal arrest by person not known to be police officer.
Durress
Defense to 1st degree murder
IS A DEFENSE TO FIRST DEGREE MURDER.
Coerced to commit offense
(i) by use/threat of force against his person or a person of another, which
(ii) person of reasonable firmness in his situation would be unable to resist.
Not available if actor…
(i) recklessly placed himself in the situation
(ii) negligent in placing himself in situation if negligence is sufficient to establish culpability for crime charged
Entrapement
Objective test (conduct of LEO, not subjective look at predisposition of defendant)
Acquittal if police activity involved
(i) making knowingly false representations designed to induce belief that such conduct is not prohibited; OR
(ii) employing methods of persuasion or inducement that create a substantial risk that the offense will be committed by persons other than those ready to commit it
Simple Assault
(i) attempting to cause or I/K/R causing bodily injury to another
(i) negligently causing bodily injury w/ deadly weapon
(iii) attempting by physical menace to put another in fear of imminent serious bodily injury
(iv) concealing/attempting to conceal hypo needle on person and I/K penetrating a LEO during course of arrest/search
Generally misdemeanor. SA of someone <12 by someone >18 is more serious mis.
