Wrong Pile

Question 1

Deprived Heart

Answer 1

Reckless/should of known (murder)

Question 2

Larceny

Answer 2

Trespatory taking, carrying away, tangible property, intent to permanently deprive

Question 3

Burglary

Answer 3

Breaking/entering (force, fraud, w/out consent), part/dwelling of another (not abandoned), intent to commit crime

Question 4

False Pretenses (sale)

Answer 4

Obtain title/money, intent to defraud

Question 5

Forgery

Answer 5

Falsified doc, legal significant (I.e., will, check, diploma), intent to make wrongful use

Question 6

Attempt

Answer 6

Specific intent to COMMIT CRIME, substantial/overt act (cannot withdraw & merges in COMPLETED CRIME); mere preparation not enough
❌ MERGE IF DIFFERENT VICTIMS

Question 7

Solicitation

Answer 7

Entice/encourage, specific person to commit crime (merges)
(I.e., selling undercover cop drugs)

Question 8

Probable Cause

Answer 8

More than probable than not that crime has been committed (PC BEFORE)

Question 9

Auto Exception

Answer 9

(1) probable cause or (2) stop then further PC (passenger mere presence not enough & can be asked to step out)

Question 10

Miranda

Answer 10

Custody (reasonable belief not free to go “arrested/“freeze!” Not traffic stop or terry stop) & Interrogation (illicit criminal response)

Question 11

Miranda - Volunteers

Answer 11

Admissible if not coerced

Question 12

Right Against Incrimination

Answer 12

(1) oral testimony or (2) submit physical docs UNLESS GRANTED use/derivative use immunity
Civ + crim cases

Question 13

Jury Trial - Right to Jury

Answer 13

Right to jury of peers, not judge

Question 14

Right to Confrontation

Answer 14

(1) Co-Ds or (2) non-testimonial (emergency)

Question 15

Cruel & Unusual Punishment

Answer 15

Crime & Sentence must be proportional - death penalty OK if proportional (but never for minors/insane)

Question 16

Burden

Answer 16

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

Question 17

6th Amendment

Answer 17

Right to counsel attaches at indictment/formally charged & at all critical stages of proceeding (includes undercover cops/informants; interrogations; lineups; prelims; arraignments)

Question 18

Mistake of fact defense

Answer 18

Specific intent - honest mistake
General intent/malice - honest & reasonable mistake

Question 19

CRIM Causation

Answer 19

Manslaughter = actual (but for) + proximate (foreseeable)

Question 20

Types of Mens Rea

Answer 20

Intent (purposely/knowingly)
General (reckless ➡️ negligent)
Strict Liability (sale to minor/stat rape)

Question 21

Double Jeopardy - same offense

Answer 21

(1) identical elements or (2) every element of one crime is also an element of another crime (felony murder + rape)

Question 22

Possession

Answer 22

Knowingly received illegal item or exercised dominion/control

Question 23

Robery

Answer 23

Carrying away, Trespasstory taking, tangible personal property, intent to perm deprive + force/intimidation (battery + assault MERGE)

Question 24

Conspiracy

Answer 24

2 or more people, intent to commit crime (community interest est. by chain relationship)

Question 25

Voluntary Intoxication

Answer 25

Specific intent crime or purposely/knowingly

Question 26

Kidnapping

Answer 26

Intentional/unlawful confinement, force/fraud/threat, moving/hiding (+ another offense requires moving more than necessary)

Question 27

Mistake of Law

Answer 27

Law unavailable, reasonably relied, or mistake negates mens rea

Question 28

Voluntary Manslaughter

Answer 28

Heat of passion or imperfect self-defense

Question 29

Search

Answer 29

Reasonable expectation of privacy (NOT trash, open fields, or aerial observations)

Question 30

Murder

Answer 30

Intent to kill, intent to cause serious bodily injury, felony murder, depraved heart
Intent to kill transfers**