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Flashcards in Criminal Deck (53):
1

What is assault?

Attempt to batter or
Intentionally place someone in fear of imminent injury

2

What is battery?

Intentional or reckless offensive touching

3

What is mayhem?

Permanent dismemberment of a body part

4

Kidnapping

Unlawful confinement of another
Movement
Concealment in a secret place

5

Define rape

Unlawful sexual intercourse with a female
Not one’s wife
Without consent

6

What is murder?

Unlawful killing with malice aforethought

7

How is malice established for murder?

1. Intent to kill

Use of deadly weapon creates inference of intent to kill

2. Intent to commit grievous bodily injury

3. Reckless indifference to human life

4. Intent to commit a dangerous felony

8

Define felony murder

Death occurs while defendant is committing a dangerous felony for which death is a probable consequence of defendant’s conduct

9

What is the majority view about death of a cofelon, when nonfelon kills for purposes of felony murder?

Does not qualify

10

Is a defendant liable for felony murder where victim/cop kills bystander during felony?

Courts are split

11

What are inherently dangerous felonies for the purpose of felony murder?

Burglary
Arson
Rape
Robbery
Kidnapping

Barrk.

12

How may causation be proven for felony murder?

Defendants conduct must be actual and proximate cause of death

13

When may a leo kill a fleeing felon?

Necessary to prevent felon’s escape
Felon threatened leo with weapon or
Felon committee a crime involving infliction or threat of harm
Leo gave warning of force

14

Murder is reduced to voluntary manslaughter under the heat of passion theory if...

1. Reasonable provocation
2. Heat of passion
3. No cooling off time
4. Didn’t cool off

15

What does an imperfect self defense claim reduce murder to?

Voluntary manslaughter

16

Under what two theories can involuntary manslaughter occur?

Gross negligence
Misdemeanor manslaughter

17

What is larceny?

Trespass
Taking and carrying away
Property of another
Intent to steal

18

What is embezzlement?

Fraudulent conversion of property by someone in lawful possession of that property

19

What is theft by false pretenses?

Defendant knowingly makes false representation of a past or present material fact which causes victim to convey title

20

What is robbery?

Larceny + fear or force

21

What is extortion?

Threat of future harm to deprive owner of property

22

What is burglary?

Breaking and entering of a dwelling at night with the intent to commit a felony therein

23

What is arson?

The malicious burning of the dwelling of another

24

When are conspirators liable for the crimes of their coconspirators?

Crimes committed in furtherance of objective
Reasonably foreseeable

25

Does conspiracy merge into the completed crime?

No

26

Can one withdraw from a conspiracy?

No

27

What is an accomplice?

One who aids, abets, assists or encourages a crime

28

When may one use deadly force in self defense?

In response to deadly force

29

What is the M’Naghten test?

Defendant suffered from mental disease

1. Did not understand nature and quality of act
2. Did not know his act was wrong

30

What is the irresistible impulse test?

Defendant was unable to control his conduct due to a mental illness

31

What is the Durham test?

Defendant’s conduct was the result of a mental illness

32

What is the MPC test for insanity?

Defendant lacked capacity to appreciate the criminality of his conduct or conform it to the law.

33

When is voluntary intoxication a defense?

Specific intent crimes (murder, assault, incomplete crimes, property crimes)

34

When is mistake of fact a defense to a crime?

General intent crimes

35

Is factual impossibility a defense?

No

36

Is legal impossibility a valid defense?

Yes

37

When is a warrant required for an arrest?

Person arrested in his home

38

What may the police search incident to a lawful arrest?

The arrestee’s wingspan

39

When may the police do a protective sweep?

When they have a reasonable belief based on articulable facts that other dangerous individuals are present

40

Under sila, when may the police search a vehicle?

1. Reasonable belief arrestee might access vehicle
2. Vehicle contains evidence of the arrest

41

When does exigency apply?

1. Prevent destruction of evidence
2. Prevent injury to persons
3. Hot pursuit

42

What are the exceptions to the warrant requirement?

Search incident to arrest
Plain view
Automobile
Consent
Exigency
Stop and frisk

43

Once a suspect has invoked, when may the police remirandize him in an attempt to question him?

Sufficient break in custody (14 days)

44

Can involuntary confessions be used to impeach?

No

45

How may a defendant prove that his jury does not consist of a fair cross section of his community?

1. Distinctive group excluded
2. Representation of this group not fair in relationship to the number of such persons in the community
3. Underrepresentation due to systematic exclusion

46

How is the right to a speedy trial balanced?

Length of delay
Reason for delay
Prejudice to defendant due to delay
Time and manner in which defendant asserted his right

47

What are the exceptions to fruit of the poisonous tree?

Independent source
Inevitable discovery
Purged taint

48

When may illegally obtained evidence be used?

Impeachment
Civil hearings
Parole hearings

49

What is the good faith exception?

Officer acts in reasonable reliance on a defective warrant

50

What are the exceptions to the good faith exception?

1. Officer knowingly provided false info
2. Lack of pc caused reliance on affidavit to be unreasonable

51

When is there a due process violation in an identification of a subject?

Unduly suggestive
Conducive to mistaken id such that it is unfair to defendant

52

What factors should determine bail?

Seriousness of offense
Weight of evidence against defendant
Defendant’s financial resources
Defendant’s character

53

What is the automobile exception to the search warrant rule?

Officers can search a vehicle and its containers without a warrant if there is Pc that the vehicle contains contraband