Criminal Mnemonics Flashcards
Where is there a legal duty to act?
Specific Acts Can Spawn Crimes
**Special Relationship
Assumption of Care
Created Risk of Harm
Statute Imposes Duties
Contract Imposes Duties
**
Specific Intent Crimes are “BAM ACTS”
battery
assault
murder - 1st deg
attempt
conspiracy
theft
solication
Exclusionary Rule - Limitations
SICK
Standing
(where the person who is trying to suppress the evidence does not have standing to challenge the search)
Impeachment
(evidence can still be used to impeach the defendant’s testimony)
Civil and other proceedings (unconstitutionally obtained evidence can be used in other proceedings)
Knock and announce rule
(violations of this rule will not result in exclusion).
Exceptions to the warrant requirement.
Terry’s BAD VICE
Terry stop
Border
Arrest
Drug
Vehicles
Inventory or impound
Consent
Exigent circumstances
Inchoate crimes: Has there been an attempt??
3 tests
DEStination
- Dangerous proximity test
- Equivocality test (minority)
- Substantial step (MPC)
What are the general intent crimes? (5)
BRK For Me
Burglary
Robbery
Kidnapping
False imprisonment
Manslaughter
Defenses Available - The prosecutor PACED as his
charges against defendant fell like _DOMINOS
- defense of PROPERTY
- AGE (7 to 13 = rebuttable presumption that child doesn’t understand)
- prevention of CRIME constituting breach of peace (non-deadly) or risking human life (deadly)
- ENTRAPMENT
- DURESS (mitigates murder to manslaughter)
- DRUNKENNESS
- OTHER party consented to act
- MISTAKE of fact
- INSANITY
- NECESSITY - avoid a greater evil
- defense of OTHERS
- SELF-DEFENSE
ELEMENTS OF A CRIME: MENTAL STATES
*Specific Intent**: Act must be done with the specific intent or objective to commit the act (cannot be inferred).
Crimes: Assault, Attempt, Burglary, Conspiracy, Embezzlement, False Pretenses, First Degree Premeditated Murder, Forgery, Larceny/Larceny by Trick, Robbery, and Solicitation.
Defenses: General Defenses + MOF + Voluntary Intoxication
*Malice**: Requires only the reckless disregard of an obvious risk of harm.
Crimes: Arson and Murder.
Malice Defenses: General defenses. Voluntary intoxication is not a defense. Only reasonable mistakes of fact are permitted
*General Intent**: D need only be generally aware of the factors constituting the crime; need not intend a specific result.
Crimes: All crimes that do not fall into the categories of malice or specific intent crimes (examples: Battery, False Imprisonment, Kidnapping, Rape).
Defenses: Qualifies for general defenses
*Strict Liability**: Public welfare offense; does not require awareness/mental state constituting the crime. Can be guilty without intent. Actus reus is enough.
Crimes: Administrative, Regulatory, or Morality area, then they are strict liability crimes
Defenses: Any defense that negates intention is not a defense to strict liability. Involuntary intoxication (but not voluntary intoxication), insanity, infancy, duress are defenses. *Mistake of Fact is never a defense *
INCHOATE (INCOMPLETE) OFFENSES:
ELEMENTS
*SOLICITATION**: Solicitation of another to commit a felony with the specific intent that the crime be committed.
Mental State: Specific intent that person solicited commit the crime.
Overt Act: No act other than solicitation. As a result, withdrawal will likely not be a defense.
Merger: If the person solicits another to commit a crime and the person agrees, solicitation merges into conspiracy. Thus, the person cannot be convicted of both.
*ATTEMPT**: Performance of an act that would amount to a crime if successful
Mental State: Specific intent to commit the particular crime attempted. (All attempts, even attempts to commit general intent or strict liability crimes, are specific Intent crimes.)
Overt Act: Act dangerously close to success. Mere preparation (showing up) doesn’t count.
Merger: Attempt merges with the substantive crime committed (can’t be guilty of both).
*CONSPIRACY**: An agreement between two or more people to commit a crime (pursuing an unlawful objective)
Mental State: Specific Intent to (1) Enter into agreement, (2) Achieve unlawful objective, (3) meeting of the minds
Overt Act: Act in furtherance of the conspiracy
Merger: N/A - conspiracy does not merge with the substantive offense. Can be convicted for both the conspiracy AND the completed crime.
Liability: Each party is liable for the crimes of co-conspirators if the crimes were committed in furtherance of the conspiracy and were reasonably foreseeable
INCHOATE (INCOMPLETE) OFFENSES:
DEFENSES
*Attempt Defenses:**
Withdrawal: Generally N/A
Actual Impossibility: N/A Claim that it was impossible to complete the crime because of some circumstances beyond the D’s control
Legal impossibility: If what the person was attempting to do was actually not a crime even though s/he thought it was
Conspiracy Defenses:
Withdrawal: Generally not a defense to conspiracy.
Exception: May be a defense to crimes in furtherance of the conspiracy, including the substantive target crime of the conspiracy.
When withdrawal effective: A conspirator must inform all of his co-conspirators of his intent to withdrawal and this notice must be given while there is still time for the other co-conspirators to abandon their criminal plans
Future Crimes: A D who does successfully withdrawal, can save himself from liability for the FUTURE (not yet committed) crimes of his former co-conspirators.
Impossibility: N/A
Acquittal by all other parties: Shows that there was no one with whom the defendant could conspire. However, non-prosecution of co-conspirators doesn’t negate the conspiracy for the D
Plain view doctrine - when can items be seized?
LAP
L- lawful location
A- accessible
P- probable cause
