Criminal Law & Procedure

Criminal Law & Procedure Flashcards

What are the four elements of a crime?

Physical Act (Actus Reus), Mental State (Mens Rea), Causation, Concurrence

Can omission be criminal?

Generally not, but there are exceptions

What are the two main elements that would make omission criminal? Examples?

D had a legal duty to act + knowledge of duty, It was reasonably possible for duty to act, Example - Parent Child relationship

What are the four common law mental states?

Specific Intent, General Intent, Malice, Strict Liability

What is the difference between specific and general intent?

Specific - Intent to engage in conduct to cause a result, General - Awareness of acting in a certain way

What is malice?

A reckless disregard of a known risk that harm may occur

What is strict liability? Any mental state requirements?

No mental state required, only the act is required.

What are the four MPC state of minds?

Purposefully, Knowingly, Recklessly, Negligently

What is purposefully?

Conscious object or action to cause a certain result

What is knowingly?

Aware that conduct of a nature will cause a result

What is recklessly?

Consciously disregards a substantial and unjustifiable risk

What is negligently?

They should have been aware of a substantial and unjustifiable risk

What is the willful blindness standard?

Aware that certain facts are probable, OR intentionally ignorant to certain facts

What are the three elements of murder?

The (1) unlawful killing (2) of a person (3) with malice aforethought

What are the four times of malice aforethought?

(1) Intent to Kill, (2) Intent to cause great bodily harm, (3) Depraved Heart Murder (Reckless disregard to an unjustifiable high risk to human life, and (4) Felony Murder

What is the Felony murder acronym?

BARRK - Burglary, Arson, Rape, Robbery, Kidnapping

What is voluntary manslaughter? (Four elements)

The voluntary killing with (1) D was provoked, (2) Reasonable person was provoked, (3) No time to cool off, (4) D did nto cool off

What is involuntary manslaughter?

The unintentional killing committed recklessly, negligently or with a non-BARRK felony

What are the four elements of larceny?

Trespassory taking, And carrying away, Of the personal property of another, With intent to deprive the owner of property

When must the intent element exist for larceny?

At the time of the taking

What is larceny by trick?

Obtaining POSSESSION of the personal property of another by deception

What is false pretenses?

Obtaining TITLE of the personal property of another by deception

What are the four elements of embezzlement?

Fraudulent or wrongful, Conversion, Of personal property of another, By a person with lawful possession of the property

What are the three elements of receiving stolen property?

Receiving stolen property, Knowledge that it is stolen, With intent to permanently deprive the owner of that property

What are the five elements of robbery

Trespassary taking and carrying away, Of the personal property of another, In their presence, By force or threat of harm, With the intent to permanently deprive them

What are the five elements of burglary

The breaking and entering, Of the dwelling, Of another, At night, For the purpose of committing a felony inside

What are the two elements of rape?

Unlawful sexual intercourse, With the victim’s consent

What is criminal battery?

The unlawful application of force, On a person or their belongings, Resulting in harmful or offensive contact

Do you have to intend to cause injury for criminal battery?

No, it is a general intent crime

What is criminal assault?

Intentional creation of reasonable apprehension of imminent bodily harm to a person, OR INTENT to commit a battery.

What is kidnapping?

The confining, restraining or moving of a person without authority

What is criminal false imprisonment?

The unlawful confinement of a person, against their will, with knowledge that it is unlawful

What are the four elements of arson?

Malicious, Burning, Of a Dwelling, Of Another

What are the two requirements of criminal possession?

Knowledge of the possession, Knowledge of what the illegal item is

What are the two elements of attempt?

Specific intent to commit a crime, An overt act beyond mere preparation

Does attempt merge with the underlying crime?

Yes, it does

Can you withdraw from attempt?

No, once a substantial step has been made

What are the four elements of conspiracy?

An agreement between 2+ people, Intent to enter into an agreement, Intent to pursue an unlawful objective, Overt Act

Is a co-conspirator liable for all crimes committed in furtherance of the conspiracy?

Yes, if they are foreseeable

Is withdrawal a defense to conspiracy?

It is not a defense to conspiracy, but one can withdraw from future crimes committed by co-conspirators

Does conspiracy merge with the underlying crime?

No ya silly goose

What is solicitation?

Requesting another person to commit a crime with the intent that the crime be committed

Is it solicitation if the person doesn’t receive the request?

No, it is not

Does solicitation merge with the underlying crime?

Yes, it does

Can you withdraw from solicitation

Generally not

What are the two requirements for an accomplice?

Aid, abet or facilitate commission of the crime, Intent that the crime be committed

Is an accomplice liable for all crimes committed by the other party?

Only if they are foreseeable

Is being present or knowing a crime will occur meet the minimum requirements to be an accomplice?

No, it does not

Can you withdraw from being an accomplice?

Yes, if you do it before the crime becomes uns topp able and you repudiate the encouragement given and neutralize assistance

What are the three elements of the defense of duress?

A threat of imminent death or serious bodily injury, To the D or another, AND D reasonable believed he was unable to avoid the harm

Is duress a defense to intentional killings?

No, you dumb mother fucker

What is the M’Naghten Test

D cannot understand the nature and quality of his action

What is the MPC Test?

D can’t understand that conduct is illegal

What is the Irresistible Impulse Test

D can’t control his actions

What are the three elements of non-deadly self-defense?

D reasonably believes, He is in imminent danger, Force used is proportional to the harm threatened

What are the three elements of deadly self-defense?

D kills based on reasonable belief, That he was in imminent danger of being killed, Use of deadly force was necessary

When do you generally not have a duty to retreat? (Two examples)

You can’t retreat safely, You are in your home

What are the two examples where an aggressor can use force in self-defense?

He withdraws and communicates it, The other person escalates the fight with deadly force and withdrawal isn’t possible

What is the imperfect self-defense doctrine?

Murder becomes voluntary manslaughter when D kills on an unreasonable belief of self-defense

What types of crimes are voluntary and involuntary intoxication a defense to?

Voluntary - A defense to specific intent crimes, Involuntary - A defense to general intent crimes

What are the specific intent crimes

[Need to create an acronym]

What is the difference between mistake of law and mistake of fact?

Mistake of Fact - A defense if it negates the mental state requirement of the crime, Mistake of Law - Generally not a defense

What is the 4th Amendment?

Arrest, Search, & Seizure

Are acts by private citizens protected under the 4th Amendment?

No, it has to be committed by a government agent

What is the standing requirement for the 4th Amendment?

A person must have a reasonable expectation of privacy regarding place or item searched

What must a police officer have to place someone under arrest?

Probable cause

What are the three elements of probable cause?

Trustworthy facts or knowledge, Sufficient to warrant a reasonable person to believe, That the person committed a crime

Does an officer need firsthand knowledge to have probable cause?

No (informant information)

What is required to arrest someone in their home?

A warrant

What is required for a terry stop?

Reasonable articulable suspicion of a crime

What is required for a terry frisk?

Reasonable articulable suspicion of a crime and that the person has a weapon

What is the plain feel doctrine?

A police may only seize items reasonably believed to be contraband or a weapon

What is reasonable suspicion?

Knowledge sufficient to induce an ordinary prudent person that criminal activity is at hand

What are the three requirements for a valid search warrant?

Probable Cause, Warrant is stated with particularity to the place and items seized, Issued by a neutral judge

What are the three elements of the plain view doctrine?

Observed in plain view (with any of 5 senses), From a place lawfully permitted, Probable cause exists that items are evidence of a crime

What is the exigent circumstance exception to a warrantless search?

Evidence will dissipate or disappear, It is necessary to prevent imminent destruction, Police are in hot pursuit of a felon, Emergency Aid exception applies

What is the automobile exception?

A warrantless search can exist if there is probable cause that contraband/evidence of a crime will be found in the vehicle

Does the automobile exception apply to packages, luggage or containers within the vehicle?

Yes, if their probable cause if valid

Where can police officers search during an arrest?

Any where within the persons immediate control (wingspan)

If someone is arrested in a home, where can a search occur?

Immediately adjoining spaces from where an attack may occur

What are the two reasons when an entire vehicle can be searched following an arrest?

Reason to believe that the evidence of the crime may be in vehicle, OR Arrested person is unsecured and could access the vehicle

What are the three keywords associated with intent

Freely, voluntarily, and intelligently

How does consent apply with two people that share authority?

Both can consent to joint areas, but only the party that “controls” an area can consent. Think of a 17 year old with their bedroom. The mom generally can’t let cops into the kids room.

What is an inventory search?

A warrantless search when a person is incarcerated of an impounded vehicle.

What is the 14th Amendment?

Due process clause - coercion that overbears the suspect’s free will

Can police use coercive conduct, such as lying?

Yes, as long as it doesn’t overcome D’s free will

What is the 5th Amendment?

Privilege against self-incrimination

Can a witness invoke a right of self-incrimination to prevent themselves from testifying?

Yes, they can.

What are the two elements of Miranda?

Custody and Interrogation

What is custody?

Reasonable person believes that they are not free to leave

What is interrogation?

The police knew or should have known that they were likely to elicit a criminal response

What is the Miranda key phrase?

Totality of the circumstances

What two types of statements are protected under Miranda?

Statements and acts that are communicative and testimonial

What is the public safety exception to Miranda?

No warnings are needed when there is a legitimate public safety concern or risk of the officer safety

What are the two requirements for invoking your Miranda rights?

They must be clear and unambiguous

What is the 6th Amendment?

Right to counsel

When does the right to counsel attach?

Once formal adversarial judicial proceedings commence

What must the defendant show to prove ineffective assistance of counsel?

Counsel’s performance was deficient, AND the result would be different but for the deficiency

When is the due process clause of the 14th amendment violated with respect to the 14th amendment?

When it is (1) unnecessarily suggestive, (2) resulting in substantial likelihood of misidentification

What is the independent source rule?

Evidence that was initially discovered during, or as a result of, an unlawful search or seizure may still be admissible if it is later obtained independently from lawful activities unrelated to the original illegality.