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CA Bar Prep > Criminal Law/Pro > Flashcards

Criminal Law/Pro Flashcards

1
Q

Assault

A

Intent to cause another fear or imminent injury

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2
Q

Battery

A

Intent to cause injury or offensive toughing

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3
Q

1st Degree Murder

A

Premeditated OR

Felony

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4
Q

2nd Degree Murder

A

All murder that isn’t 1st degree or manslaughter

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5
Q

Voluntary Manslaughter

A
  • Provocation
  • D was in fact provoked
  • No time to cool off
  • D did not cool off
  • or imperfect self defense
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6
Q

Involuntary Manslaughter

A
  1. Gross negligence

2. defendant disregarded substantial harm/death

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7
Q

Larceny

A
  • Intent to Steal
  • property of another
  • taking and carrying away
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8
Q

Embezzlement

A
  • Lawfully in possession

- fraud conversion of another

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9
Q

False Pretenses

A

defendant knowingly lies to someone to get title

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10
Q

Robbery

A
  • Property taken from their presence

- through force or fear

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11
Q

Burglary

A
  • Breaking and entering
  • of house
  • at nighttime
  • intent to commit felony
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12
Q

Receipt of Stolen Property

A
  • knowingly
  • receive, conceal or dispose
  • stolen property
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13
Q

Solicitation

A
  • Request or encourage
  • another to commit a crime
  • intent they do so
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14
Q

Conspiracy

A
  • Agreement
  • 2 or more people
  • intent to commit unlawful act
  • majority = overt act
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15
Q

Attempt

A
  • intent to commit crime

- beyond mere preparation

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16
Q

Accomplice

A
  • Principal = commits crime
  • accomplice = aids & abets, liable if foreseeable
  • accessory after the fact = obstruction of justice
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17
Q

General Intent Crimes (aware)

A

You have to be aware.

  1. Rape
  2. Kidnapping
  3. False Imprisonment
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18
Q

Rape

A
  • unlawful sex

- no consent

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19
Q

Kidnapping

A
  • unlawful confinement

- move or conceal in a secret place

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20
Q

False imprisonment

A
  • aware of confining a person

- aware of confinement

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21
Q

Malice Crime

A

Arson

22
Q

Arson

A
  • malicious burning

- dwelling of another

23
Q

Strict Liability

A

guilty for just committing the act

  1. statutory rape
  2. selling liquor to minor
24
Q

Defenses to Specific Intent Crimes

A
  1. Self Defense
  2. Defense of others
  3. Defense of property
  4. Insanity
  5. Necessity
  6. Mistake of fact (specific crimes only)
  7. Impossibility
  8. Entrapment
25
Q

Insanity

A
  1. M’Naughten
  2. Durham
  3. Irresistible Impulse
26
Q

M’Naugten

A
  • D has a mental disease

- does not understand or know its wrong

27
Q

Durham

A

Insanity defense. Conduct is the product of the mental illness

28
Q

Irresistible impulse

A

Insanity defense. Defendant is unable to control conduct

29
Q

Voluntary Intoxication

A

Negates specific intent crimes only

30
Q

Involuntary Intoxication

A

Defense for all crimes, treated as insanity

31
Q

Impossibility

A 
Fact= no defense
law= defense because its not criminal
32
Q

Entrapment

A
  • law enforcement
  • induces D to commit crime
  • D would not have committed the crime

valid defense

33
Q

4th amendment

A

protects people from unreasonable searches and seizures

34
Q

Arrest

A
  • need warrant if in home

- probable cause (reasonable belief based off of articulable facts)

35
Q

Search and Seizure

A

A search warrant based on probable cause is required for government search and seizure in a location where one has a reasonable expectation of privacy. Must be government action and not a private person.
No warrant needed for

  1. Search Incident to Arrest
  2. Plain view
  3. automobile exception
  4. consent
  5. exigent circumstances
  6. stop & frisk
36
Q

Search Incident to Arrest

A
  • lawful arrest
  • police can search the area within the grab zon
  • police can do a protective sweep of all or some of the premises where the defendant is arrested if they have a reasonable belief other dangerous people are present
  • police can search a car and its compartments if they have probable cause to believe evidence fo the offense is in the car
37
Q

Plain View

A

Police can make warrantless search i they see contraband in plain view as long as they are lawfully on premises

38
Q

Automobile Exception

A
  • Police can randomly stop cars if there is reasonable suspicion
  • police can search the entire car if they have probable cause to believe the contraband they are arresting for is in the car.
  • if the defendant is arrested and the car is impounded, they can search the car without a warrant at the station
39
Q

Exigent Circumstances

A
  • Destruction of evidence
  • injury to a person
  • hot pursuit
40
Q

Stop & Frisk

A
  • Reasonable suspicion
  • articulable facts
  • pat down for weapons okay
41
Q

Exclusionary Rule

A
  • cause use evidence found in violation of defendants 4th, 5th or 6th amendment right
  • defendant needs standing to be able to use exclusionary rule
42
Q

Fruit of Poisonous Tree

A

Evidence found from violation of 4th, 5th or 6th amendment is inadmissible except

i. independent souce
ii. inevitable discovery
iii. no casual chain, too attenuated

  • illegally obtained evidence can still be used to impeach
  • illegally obtained evidence is still allowed in civil court and parole hearings
43
Q

5th amendment

A

Miranda warnings. When defendant is in custody and interrogation his confession will only be admissible if he received miranda warnings.

  • cant re-mirandize. 14 days needed
  • can waive miranda if it is voluntary. Mere silence is not enough
  • If miranda is invoked police must cease all questions
  • fingerprints, lineups, blood samples, photographs do not violate 5th amendment
44
Q

Custody

A

A reasonable person would not feel free to leave

45
Q

Interrogation

A

Police action that would reasonably elicit incriminating information

-suspect must be aware they are talking to the police. A custodial interrogation doesn’t happen when a suspect speaks to an undercover agent or informant even if in jail

46
Q

5th Amendment Double Jeopardy

A

Protects people from being tried twice. Attached when jury is impaneled and sworn in or when the 1st witness is sworn in on a bench trial

47
Q

5th Amendment Due Process

A
  • confessions must be voluntary

- identifications cannot be suggestive

48
Q

6th Amendment

A

Persons right to counsel. A suspect who has been charged with a crime has a right to counsel.

49
Q

6th amendment Confrontation Clause

A

Defendant has a right to confront adverse witnesses. Applies to co-defendants as well. Must redact statement or put them on the stand to be crossed

50
Q

6th Amendment right to jury trial

A

defendant has a right to a jury trial if they are facing more than 6 months in jail

CA Bar Prep (11 decks)

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