Possible Flashcards
(326 cards)
When can you do an “automatic” protective sweep? Where can you go?
Incident to an arrest
Adjacent areas connecting
Maryland v Buie
When can you do an “extended” protective sweep? Where can you go?
Incident to an arrest AND have RS that more DANGEROUS people are inside but FURTHER than the adjacent area
Maryland v Buie
How many murder degrees are there?
2
Which type of murder?
Unlawfully causes death with malice aforethought
Murder 1 (with malice aforethought)
21 OS 701.7.A
Which type(s) of murder?
Kills another person by shooting a firearm with the intent to kill
Kills another person by shooting into a dwelling
Kills another person during a robbery with a dangerous weapon
Kills another person while eluding an Officer
Kills another person during a 1st degree burglary
Kills another person while distributing CDS / trafficking
Murder 1 (by felony)
21 OS 701.7.B
Which type of murder?
Murder caused by imminently dangerous conduct, although without any premeditated design
Murder 2
21 OS 701.8.1
Which type of Murder?
Caused during the commission of a felony NOT on the 1st Degree Felony Murder list
Murder 2 (by felony)
21 OS 701.8.1
How many Manslaughter degrees are there?
2
Homicide caused while engaged in the commission of a misdemeanor
Man 1 (by misdemeanor)
What homicide charge?
When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon
Man 1 (by heat of passion)
Which manslaughter?
When done unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
Man 1 (by resisting a crime)
Which manslaughter?
The killing of a human by the culpable negligence of another
Man 2
Which type of homicide?
Homicide caused by accident and misfortune, with usual and ordinary caution, without any unlawful intent
Excusable
21 OS 731
Which type of homicide?
Homicide committed when resisting an attempt to murder (the shooter)
Homicide committed in lawful defense of (the shooter) or another person
Justifiable
21 OS 733
Which crime?
Attempt or offer with force to do corporal hurt to another
Assault
To charge with assault (but not battery) the Victim must have reasonable ___ of receiving an immediate battery
Also known as ‘assault by offer’
apprehension
OUJI-CR 4-26
21 OS 641
21 OS 642
Which crime?
Willful and unlawful use of force upon another
Battery
When charging someone with battery:
“Only the ___ force or touching is necessary to constitute force required for battery”
slightest
Robbery
The wrongful taking of person property in possession of another, from his person or ___ ___, against his will, accomplished by means of __ or ___
immediate presence
force or fear
How many degrees of Robbery are there?
Two
Identify the robbery degrees for each:
- Inflicts serious bodily injury on the Victim
- Threatens the Victim with serious bodily injury
- Puts the Victim in fear of serious bodily injury
- Threatens to commit a felony (ie rape) on the Victim
All Robbery 1
Note: When robbery is accomplished in ANY OTHER MANNER , it is SECOND degree
21 OS 797
List the charge for each:
- Robs another with a firearm
- Robs another with an imitation firearm
- Robs another with an unloaded firearm
- Robs another with a knife
All Robbery with a Dangerous Weapon
(sometimes also called Armed Robbery)
21 OS 801
Note - this is “aggravated robbery”, and different from the other types robberies
What crime?
Someone forcibly seizes and confines another
Kidnapping
How many rape degrees are there?
2