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Statements of Law > Criminal > Flashcards

Criminal Flashcards

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1
Q

For Arson, malice is

A

(1) intent or knowledge that the structure (CL, dwelling house; Mod., other buildings) would burn
(2) reckless disregard of an obvious risk that the structure would burn.

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2
Q

For Arson, burning requires

A

actual burning or charring of the combustible material

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3
Q

The elements for Attempted crimes are
(1) CL
(2) MPC

A

(1) specific intent to commit the crime AND an act putting defendant in close proximity to completion.
(2) specific intent to commit the crime AND substantial step towards completion

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4
Q

Murder

A

(1) kill
(2) intent or malice
(a) intent to kill, inflict, felony
(b) reckless indif to unjust risk to life

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5
Q

infer intent to kill

A

intent use of weapon

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6
Q

Provoked voluntary manslaughter

A

(1) ordinary, lose control
(2) in fact, lost control
(3) ordinary, no time to Cool
(4) in fact, no cool

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7
Q

Deadly Self-Defense

A

(1) no fault
(2) unlawful force imm
(3) death or great harm imm

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8
Q

specific intent

A

intent to perf act w/ a spec crim result in mind

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9
Q

criminal attempt

A

specific intent
more than prep or proximity
no result / follow through

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10
Q

Abandonment

A

not b/c diff or risky
voluntary “this is wrong”

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11
Q

Defense to Attempt

A

(1) Not Abandon if act beyond prep by danger proximity (CL) or sub. step (MPC)

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12
Q

Conspiracy

A

agr. 2 or more peep - mutual action with guilty minds
intent agree (no faking)
intent achieve sub. crime
Most, overt act in further (mere prep unlike attempt = beyond prep)

No withdraw conspiracy,
withdraw sub. crime if notify w/ time for co to abandon

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13
Q

Specific Intent
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

A

Solic
Consp
Attem

Forg

Ass

Larc
Embez

False Pret

Robb
Burgl

First Degree Murd

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14
Q

Dangerous Felonies for Felony Murder
BARRK

A

Burglary
Arson
Rape
Kidnapping

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15
Q

General Intent
BRIK

A

Battery
Rape
Imprisonment
Kidnapping

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16
Q

Strict Liability Crimes
SS

A

Small Crimes
Statutory Rape

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17
Q

Crimes Against Person

A

Assault
Battery
Murder
Rape
False Imprisonment
Kidnapping

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18
Q

Crimes Against Property

A

Forgery
Larceny
Embezzlement
False Pretenses
Robbery
Burglary

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19
Q

Incomplete Crimes

A

Solicitation
Conspiracy
Attempt

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20
Q

Principal Liability

A

Crimes they commit

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21
Q

Accomplice Liability

A

their crime
assist or encourage, spec. intent to principal act, natural and probable crimes

Withdraw, discourage (encourage), disable (assist), notify, prevent

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22
Q

Accessory Liability

A

after - know assist felon, spec intent avoid arrest, conv., trial

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23
Q

1st Degree Murder

A

Premed
Delib

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24
Q

2nd Degree Murder

A

intent bod harm
extreme reckless
murder not 1st degree

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25
Killing for Felony Murder During
commission attempt flight from felony
26
Voluntary Manslaughter
Intentional Killing Without malice aforethought Heat of Passion Adequate provocation
27
Involuntary Manslaughter
Kill because Crim Negl (CNIM) - sub. deviate ordinary person or reckless and aware risk Unlawful Act (misd. or not FM dang crime)
28
Arson
malicious burn dwelling another
29
Larceny by Trick
specific intent false represent material fact obtain custody (not ownership)
30
False Pretense
specific intent false represent material fact obtain title
31
Larceny
specific intent trespass take carry away personal prop intent to perman deprive or temp deprive and later perm
32
Embezzlement
specific intent fraud conversion personal prop by person with possess
33
Robbery
larceny (sp. int. take and carry pp to perm deprive) + in person or presence + force or threat
34
Burglary
specific intent break enter dwelling another night intent to commit felony inside
35
Inchoate Crimes Review
36
Perfect Self Defense
good reason believe threat of imm death or harm not first agressor (CL) can't retreat safely
37
Imperfect Self Defense
murder down to manslaughter if bad reason to believe defense necessary Or first agressor causing necess
38
General Intent Crimes BRIK
Battery Rape Imprisonment Kidnapping
39
Larceny
specific intent trespass take carry away personal prop intent to perman deprive or temp deprive and later perm
40
M'Naghten Insanity
M'Naghten - presumed sane mental disease defect of reason cause not know what doing at time OR knew what doing but did not know wrong (need to act for GOD)
41
Insanity
M'Naughten - mental, not know what doing or not know doing bad Irresistible impulse - mental, can't resist Durham - but-for mental, no crime, know irrelev. MPC - mental, insubst. capacity to know doing bad or to change doing
42
Mistake of Fact
spcific intent crime negated by honest and reason/unreasonable belief of neces fact to crime gen intent negated by honest and reasonable belief
43
Mistake of Law
not defense unless crime element knowl of law
44
Necessity
criminal act to prevent greater harm unless caused situat
45
Duress
criminal act under threat of immin harm reason belief will result if not act not defense to intentional homicide
46
Entrapment
Popo induce crime D not already predisposed
47
4th Amend (unreasonable search and seizure)
govern act search or seizure standing from reason expectation of privacy or protected area
48
Gov Satisfy 4th (Valid Warrant)
search warrant, neutral mag, prob cause (suff reliab) and particularity (place, peson, evid of crime) Execute w/ comply terms and should "knock and announce"
49
Gov Satisfy 4th (Defective Warrant)
good faith reliance unless lie or affidavit lack prob., partic., judge bias
50
Gov Satisfy 4th (Exception Warrant)
ASPACE Auto Search Incident Plain Admin Consent Exigent (emerg. hot pursuit, ethereal evidence)
51
Warrantless Search Exception - Auto
search anywhere in car, truck and containers if probable cause evidence for crime commited
52
Warrantless Search Exception - Search Incident to Lawful Arrest
search person, grabbable wingspan, and auto cabin if lawful arrest no search auto cabin if arestee secured and no reason believe evid in car
53
Warrantless Seizure Exception - Plain Sense
lawful presence (search) immediately apparent that the item is contraband or evidence ex. view, smell, feel
54
General Intent Crimes BRIK
Battery Rape Imprisonment Kidnapping
55
Larceny
specific intent trespass take carry away personal prop intent to perman deprive or temp deprive and later perm
55
Plain View
56
Warrantless Search Exception - Administrative
booking, impounding, border, public school, sobriety, school drug tests
57
Warrantless Search Exception - Consent
If can consent, can search not children yes adults for unlocked area of child no landlord for occupied space yes cotenants for common control/occup, revoke by present cotenant
58
Terry Stop and Frisk
stop if reason suspic of crimin frisk if reason belief of danger
59
Exclusion of Physical Evidence for 4th Amendment Violations (exclusionary rule)
Physical Evid of Crime Obtained in violation of 4th excluded unless inevitable discovery. exclusionary rule does not apply when (SICK), no standing, impeachment, civil case, knock and announce
60
Admissibility of Interrogation and Confessions
14th due process - involuntary confession, coercive conduct overcomes will 6th right to counsel - attach when filed charges, offense specific, no attempt at incrimination at critical stages unless counsel or waiver, usable for impeachment 5th Miranda - attach at custodial interrogation, none unless counsel pres, waiver unequivocal, or public safety, exc. usable impeachment, fruit of confess,
61
Critical Stages
Arraignment probable cause hearing sentencing plea police interrogation post charge lineup
62
Admissibility of Identifications
6th Right to Counsel satisfied 14th Due process - unnecessarily suggestive creates substant. likli of irrepara misidentification
63
Double Jeopardy (Fifth Amendment)
not put in jeopardy for the same offense, twice Attach at jury sworn, first witness (bench), unconditional guilty plea
64
General Intent Crimes BRIK
Battery Rape Imprisonment Kidnapping
65
Larceny
specific intent trespass take carry away personal prop intent to perman deprive or temp deprive and later perm

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