Crim Flashcards
(101 cards)
1
Q
Burden of Proof
A
Prosecution must prove each element of a crime beyond a reasonable doubt
2
Q
Elements of a crime
A
Mens Rea
Physical Act
Causation
concurrence
3
Q
Voluntary Act
A
concious movement
NOT: felex, conduct while unconcious or sleep, movement that isn’t product of effort or determination
Doesn’t include failure to act unless: duty, statute, caused harm, contract, failing to act reasonably after resuce
4
Q
Mens Rea
A
Mental State
5
Q
CL Mens Rea Mental States
A
General Intent
Specfic Intent
Malic
Strict Liabiliyy
6
Q
Specfic Intent
A
D wants to achieve specific result and act with specific purpose
Burglary Assault First Degree MUDder False Pretenses Larceny Embezzlement Solicitation Conspiracy Attempt Robbery Forgery
7
Q
GEneral Intnet
A
D aware of he is doing and jury can infer by act
Battery
rape
false imprisonment
kidnapping
8
Q
Malice
A
D acts recklessly or w/ intentional disregard of a obvious or known risk that particular result will occur
Murder (not 1st)
Arson
9
Q
Strict Liability
A
no mental state
non felonies that are part of regulatory scheme
Bigamy
Statutory Rape
10
Q
MPC Mental States
A
Purposely
Knowingly
REcklessly
Neglgiently
11
Q
Purposefully
A
D’s concious objective to engage in specfic conduct or cause result
12
Q
Knowingly
A
d is aware that he is acting in certain way or that’s practially certain conduct will result
13
Q
Willful Blindness
A
not good defense
person seeks avoiding liability by deliberately avoiding discovering facts that would impose liability
14
Q
Recklessly
A
concious disregard a substantial unjustifiable risk ad grossly deivates from standard of conduct that law-abiding citizen would have to folpw
15
Q
Negligently
A
should have been aware of substantial and unjustifiable risk & grossly deivates from standard of conduct reaosnable person would observe
16
Q
Causation
A
But For (Actual)
Proximate- damae
17
Q
Concurrence
A
D must have guilty mind at time he committed guilty act
18
Q
Principal
A
person who commits crime
must be guilty for accomplice to be liable but doesn’t need to be convicted
19
Q
Accomplice
A
person who assists or encourages principal with intent crime is committed
words, supplying, driving get away
needs mens rea that crime be committed
20
Q
Accomplice Liability
A
crimes committed that accomplice aids or encourages and natural and probable results
21
Q
Avoiding Accomplice Liability
A
- Repudiating encouragement if he encouraged
- undoing assistance is he provided aid
- Notify authorities to prevent crime was happening if can’t do above
22
Q
Accessory After the Fact
A
knowingly assist person who committed felony
with knowledge that felony has been committed and w/
intent to help principal avoid arrest, trial, or conviction
*not liable for felony rather obstruction of justice
23
Q
Murder
A
intentional killing of another human being with malice aforethought
24
Q
Malice Aforethought
A
- premediation and deliberation (1st Degree)
- intent to cause serious bodily harm (2nd Degree)
- extreme Recklessness (2nd Degree)
- intent to kill w/out justifiable excuse or mitigating circumstances (2nd degree)
25
1st Degree
premeditation + deliberation
| thought and makes choice
26
2nd Degree Murder
1. intent to cause serious bodily harm
| 2. extreme recklessness
27
Felony Murder
felony + death
killing that occurs during inherently dangerous felony, attempt of felony, or flight from felony but before d reaches place of temporary safety
28
Limitation on Felony Murder
1. proximate Cause- felon must set in motion acts that cause death; liable even if 3rd party commits killing
2. . Agency Theory- if cause of death is non felon then can't be applied; bystander accidently kills innocent when attempting to shoot D
3. must be guilty of felony
4. forseeable death
5. victim isn't co-felon
29
VoluntaryManslaughter
intentional killing of human being w/out malice aforethought committed in heat of passion (no time to cool) due to adequate provocation
30
Standard to eval manslaughtwr
objective and subjective
reasonable time to cool & reasonable person would have had impaired capacity for self-control
D had time to cool and if D was provoked
31
Involuntary Manslaughter
killing of another human being due to recklessness (maj) or gross negligence (minority)
32
Assault
SPECFIC INTENT
attempted battery
intentional infliction of apprehension due to act of D that causes P to reasonably fear imminent bodily harm
33
Battery
GENERAL INTENT
D acts w/out intent to cause harmful/offensive contact to another & harm results
34
Rape
GENERAL INTENT
unlawful sexual intercourse without consent using force, threat of force or when victim is unconcious or incapble of consent
35
Statutory Rape
STRICT LIABILITY
sexual intercourse w/ minor
reaosnable mistake of fact even if lie, encouragement by minor, minor is prostitute not defenses
MPC- allows for defense of reasonable mistake
36
Kidnapping
GENERAL INTENT
unlawful confinement or restraint of another that either involves moving or concealing victim
CL- not required to move victim very far
MPC- D required to either remove victim from her home or substantial distance
37
False Impriosnment
GENERAL INTENT
unlawful restaining or confinement of person in bounded area by force or threat of force and victim knows of ocnfinmnr=ent
38
Arson
MALICE
burning (charring not scorching) of dwelling of another
39
Larceny
SPECFIC INTENT
trespassory taking and carrying away of personal property of another with intent to permanently deprive them
Not larceny if one intends to give back even if borrowed w/out permission, property is his or claiming it as repayment, or D has possession
40
Larceny By Trick
intentionally makes a false representation of a material past or existing fact to obtain custody but not title of personal peropty of another
P intends to give but only for short period of time
41
False Pretenses
intentiaonlly makes false representation of material past or present fact to obtain title with intent to defraud
must rely on statement
42
Embezzlement
fraudulent conversion or missapproiation of peropty of another by one who is already in lawful possession of that property
43
Roberry
larceny + taking from other's person presence + force or threat of force
Presence- good stolen is reasonably close to victim & victim must feel fear, threat of force must be used to gain possession of property and be immediate
44
Forgery
makes or alters false writing with intent to defraud
must have legal signficance not writings with historical or artisitic value
45
Burglary
breaking + enterig dwelling of another at night w/ intent to commit felony there in
breaking- minimal force suffices pushing door, open window more, NOT gaining access through open door
46
Recevign Stolen Goods
receving possession and control of stolen personal property known to have been obtained in matter of criminal offense by another person
must know at time received
47
Possession
actor knowingly procured or recevied item possessed or actor aware of control for sufficent period to have been able to termination possession
just need to be aware of possession not illegality
48
Attempt
SPECFIC INTENT to complete crime
MPC/Majority- substnatial step that is strongly corroborative of criminal purpose
CL- dangerous proximity test
merges with completed crime can't be convicted of both
49
Attempt defenses
legal impossibility
abadonment if not in CL jurisdiciton
Factual impossibiliy is nver a defense
50
Conspiracy
SPECFIC INTENT to enter into agreement and accomplish objectives
agreement by 2 or more people to commit crime and overt act in furhterance of crime
no merger can be convicted of crime and conspiracy
51
Defenses to Conspiracy
withdrawl- further crimes not liable
| impossbility or failure to complete isn't a defense
52
Soliciitation
SPECFIC INENT THAT CRIME BE COMMITTED
D requests encourages, advises, commands someone commit crime
no merger convicted of both crime and solicitation
53
Defenses to Solicitation
factiual impossibility and withdrawl aren't defenses
54
Self Defense
deadly force can be use if reasonable belief facing imminent threat of death or serious bodily harm and not inital afressor unless it was escalsted comunicated withdrawl
55
Retreating
Majority- don't have to retreat can stand your ground
CL- retreat is required unless can't get to safety or in home
No duty to retreat in using non deadly force
56
imperfect self defense
mitigates murder to voluntary manslaughter if D was unreasonable or initial agressor
57
M'Naghten Test for Insanity
D suffered a disease of mind that caused defect of reason and as result lacked ability to know wrongfulness of actions or understand nature and quality of action
Strongest Defense: D didn't know act was morally wrong
58
Irrestiable impuslse test
unable to control action and conform conduct to law
59
MPC Insanity test
lackde substanial capacity to appreciate criminality of conduct or conform conduct to requirements of law
60
Comeptency to stand triAL
consult w/ lawyer with reasonable degre of rational understanding and rational as well as factual understanding of the prceedigns against him
61
Involuntary Intoxication
D takes intoxicating substance without knowledge of nature, under direct duress imposed by another, or pursuant to medical advice and unaware of intoxicating effects
acquitted if met
62
Voluntary Intoxication
SPECFIC INTENT CRIME DEFENSE ONLY
d unable to develop specfic intent for crime
63
Infancy
CL- D under 7 no liability, under 14 presumption not liable, 14+ treated as adult
Modern- can't be prosecuted until 14
64
Mistake of Fact
mistake of fact even unreasonable negates specific intent will be defense so long as it is in good faith
SL- no defense
General intent/malice- reasonable mistake defense
65
Ignorance of law
NOT DEFENSE
unless statute specfically makes knowledge of law an element of crime
statute wasn't published or readily avialble
D acted with reasonable reliance on statute or jduical decsion
relied on erroeous offical statement of law from charged by law with responsiblity of interpreting,a dministerinf or enfocing law *NOT LAWYER
66
Duress
D performs crim obecause reasonable fear if he didn't perform either self or 3rd party would suffer inmminent death or severe bodily haem
NOT DEFENSE TO INTENTIONAL HOMOCIDE BUT CAN USE FOR INVOLUNTARY MANSLAUGHTER
67
Entrapment
law enforcement induced D to commit crime
not guilty if criminal design originiated w/ gov and D was person who wasn't predisposed to commit crime
68
4th Amedment
applies to seraches and seizures conducted by government agents where individuals have expectation of privacy
69
Standing for 4th Amendment
must have expectation in privcacy in thing searched or seized
overnight guest in place if place searched is area reasonably occupy
70
Government agents
police, private citizens following police direction, public school adminsitrator, secuirty personnel with power to arrest
71
Proper Search + Seizure
properly conducted pursuant to valid warrant or if warrant exception applies
72
Warrant Requirements
issued by unbiased magistrate (neutral and detached) that is supported probable cause (reasonable person could conclude person committed crime more than a hunch) and particularity (specfic about people and places to be searched or items to be seized)
73
Knock + Announce
Officer's must annunce their presence and wait reasonable amount of time for someone to answer before searching
doesn't trigger exclusionary rule
not required if evidence will be destoryed, hot pursuit
74
Arrest
Requires probable cause
submits to police custody
Don't need warrant to arrest in publkic place, witness crime, occupant of car
75
Good Faith Warrant
if warrant is defective good faith executed by officer in the warrant can save it
76
Plain View
officer who is lawfully present in area can seize item if immediately apprrnt item is contraband
77
Search incident to Arrest
officer can frisk person and condcut search of grabable area even in car w/out warrant to keep officer safe
78
Search incident to arrest Car
unsecured- everything but trunk
| Secured- must hav reasonable beleif that it contains evidence of crime for which suspect was arrested for
79
ADminsitrative Search
no warrant
reasonablness
80
Terry Stop and Frisk
police can briefly detain suspect if they believe he is in involved in criminal activity and conduct nonintrusive search of person if beleive armed and dangerous
Reasonable suspiscion
81
Factors to consider if person seized
Totality of cicrumstances
```
officer specfically tells her she can refuse to talk
officers' demeanor, tone, language
officer displahed weapon
phyical touching
one or several officers
```
82
Seizure of person
person would beleive she isn't free to leave
83
Reasonable Suspeiciaon
reasonable person would believe based on specfic facts crimianl activity present
84
Exclusionary Rule
physical and testemonial evidence obntained wrongfully inadmisible agains tperson whose rights violated
Still be used to impeach and in civil or grand jury proceedings
85
Fruit of poisionous tree
evidence that indirectly derives from illegally obtained info excluded also
86
Tainted Fruit can come if eception applies
it was going to get discovered regardless
independent source- obtained later through activities untained by illegality
Taint disappears-due to time or intervening circumstances (Attenuation)
87
Miranda
Right to reamain silent
anything you can say can and will be used against you
Right to attorney
if you cannot afford one will be provided
88
Excluding Confession under due process
police subjected suspect to coercive conduct and overcame will of suspect
89
Involutnary Statement
inadmisible even for impeachment unless it violates the 6th not the 4th
90
6th Amendment right to counsel
right attaches when jusicial proceedings have begun meaning D has been formally charged and appleis to all cricval stages of post charge
91
6th Amendment offense specfic
officer's can't question D on offense charged but can question D on right he isn't charged with
92
Waiver of rights
must be knowing, intelligent, and voluntary
93
Custodial Interrogation
Miranda must be given
interrogation initiated by law enforcement
undercover informant doesn't count
94
invoking Miranda
explicit
umabigious
unrquivocal
95
invocation of Miranda if honored
if invoked questioning must stop
courts look at factors to see police honored:
length of time police stopped questioning, re-Mirandaized, questioned about same or different crime, if suspect initated conversation
96
Request for Counsel Expires
14 days after suspect released from custody
97
Standard for ineffective counsel
lawyers performance was deficent and fel below objective standard of reasonableness
reasonabl probability that but for ineffective assistance result would be different
98
When does Jeporardy attach
jury- jury is sown
bench trial- first witness sworn
plea bargaining- unconditonal guily plea accepted
99
Exceptions to double jepoardy
deadlocked jury
appeal is successful
manifest neccessity- mistrial
plea agreement breach
100
Guilty Plea
Judge must determine guilty plea is voluntary and intelligent
judge needs to ensure D understands the charges against him, maximum possible penalty and mandatory minimum, right not to plead guilty, and guilty plea waives right to trial
101
Deritive use Immunity
protects consiuttional privilrgr against self incrimination which applies to acts of production that owuld have testemonial signiificance
