Wrong Pile Flashcards
Deprived Heart
Reckless/should of known (murder)
Larceny
Trespatory taking, carrying away, tangible property, intent to permanently deprive
Burglary
Breaking/entering (force, fraud, w/out consent), part/dwelling of another (not abandoned), intent to commit crime
False Pretenses (sale)
Obtain title/money, intent to defraud
Forgery
Falsified doc, legal significant (I.e., will, check, diploma), intent to make wrongful use
Attempt
Specific intent to COMMIT CRIME, substantial/overt act (cannot withdraw & merges in COMPLETED CRIME); mere preparation not enough
❌ MERGE IF DIFFERENT VICTIMS
Solicitation
Entice/encourage, specific person to commit crime (merges)
(I.e., selling undercover cop drugs)
Probable Cause
More than probable than not that crime has been committed (PC BEFORE)
Auto Exception
(1) probable cause or (2) stop then further PC (passenger mere presence not enough & can be asked to step out)
Miranda
Custody (reasonable belief not free to go “arrested/“freeze!” Not traffic stop or terry stop) & Interrogation (illicit criminal response)
Miranda - Volunteers
Admissible if not coerced
Right Against Incrimination
(1) oral testimony or (2) submit physical docs UNLESS GRANTED use/derivative use immunity
Civ + crim cases
Jury Trial - Right to Jury
Right to jury of peers, not judge
Right to Confrontation
(1) Co-Ds or (2) non-testimonial (emergency)
Cruel & Unusual Punishment
Crime & Sentence must be proportional - death penalty OK if proportional (but never for minors/insane)
Burden
P has to prove every element beyond a reasonable doubt** (D’s affirmative defense is by a preponderance)
IF ELEMENT/DEFENSE OF CRIME ➡️ P MUST PROVE
6th Amendment
Right to counsel attaches at indictment/formally charged & at all critical stages of proceeding (includes undercover cops/informants; interrogations; lineups; prelims; arraignments)
Mistake of fact defense
Specific intent - honest mistake
General intent/malice - honest & reasonable mistake
CRIM Causation
Manslaughter = actual (but for) + proximate (foreseeable)
Types of Mens Rea
Intent (purposely/knowingly)
General (reckless ➡️ negligent)
Strict Liability (sale to minor/stat rape)
Double Jeopardy - same offense
(1) identical elements or (2) every element of one crime is also an element of another crime (felony murder + rape)
Possession
Knowingly received illegal item or exercised dominion/control
Robery
Carrying away, Trespasstory taking, tangible personal property, intent to perm deprive + force/intimidation (battery + assault MERGE)
Conspiracy
2 or more people, intent to commit crime (community interest est. by chain relationship)
Voluntary Intoxication
Specific intent crime or purposely/knowingly
Kidnapping
Intentional/unlawful confinement, force/fraud/threat, moving/hiding (+ another offense requires moving more than necessary)
Mistake of Law
Law unavailable, reasonably relied, or mistake negates mens rea
Voluntary Manslaughter
Heat of passion or imperfect self-defense
Search
Reasonable expectation of privacy (NOT trash, open fields, or aerial observations)
Murder
Intent to kill, intent to cause serious bodily injury, felony murder, depraved heart
Intent to kill transfers**
