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58 Cards in this Set
- Front
- Back
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What is murder at CL?
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Unlawful killing of human being w/malice aforethought.
Malice aforethought exists when there is any of the 4 states of minds present (kill, serious bodily harm, depraved heart, felony) |
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What is robbery?
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1. taking of personal property of another
2. from the other's person or presence 3. by force or intimidation 4. with intent to permanently deprive |
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True/false:
If legislative intent is to protect members of a class from exploitation-members of class still do not have immunity. |
False.
Members of class do have immunity even if they participate in the crime p.427 |
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When are you liable as an accessory after the fact?
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Only if she assisted him to avoid apprehension knowing that he committed a felony p.422
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When are you guilty of receiving stolen property?
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requires D receive possession and control of stolen personal property knowing it to have been stolen by another person and with the intent to permanently deprive owner p.422
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Can owner of a home give consent to search entire house?
What if there is locked trunk? |
Owner has authority to consent but police need to reasonably believe that the consenting party has the right to give consent.
Locked trunk known with only key to be in another's possession doesn't allow owner to consent to search. p.425 |
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True/False
The exclusionary rule does apply to the violation of knock and announce rule? |
False.
The exclusionary does not apply to violation of the k&a rule. evidence may be admitted if search valid. p.437 |
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When the only issue is that of probable cause for issuing the warrant-can informer remain anonymous?
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Yes. info is privilege.
Only if informer is material witness need identity be revealed p.445 |
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What is theft by false pretenses?
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When D
1. obtains title 2. to property of another 3. by intentional false stmts of past or existing facts 4. w/intent to defraud another |
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What is forgery?
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1. making or altering
2. of a false instrument 3. with intent to defraud |
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Is the degree of liability for principal relevant to potential liability of accomplice?
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No. p.461
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What is the rule for private persons and fleeing felons?
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Private person may use deadly force to apprehend fleeing felon if the felon threaten death or serious bodily harm or deadly force necessary for escape. p.462
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Can a co-felon be liable for death of other co-felon?
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No. liability for FM cannot be based on the death of a co-felon from resistance by vic or police. p.462
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Does introducing co-D's confession at joint trial violate 6 amend?
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Yes.
introducing co-D's confession at joint trial violates an accused right to confront witness unless the confessing D testifies. p.289 (essay) |
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Can a confession obtained in violation of miranda but otherwise voluntary be used for impeachment?
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Yes. but an involuntary confession cannot be used p.471
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Does dropping wallet after robbery negate completion of crime?
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No, just D having possession of item and slightest movement = carrying away. p.471
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Can you be convicted of both robbery and larceny?
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No.
larceny is a lesser offense of robbery. Only 1. p.473 |
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Can duress be used as a defense against arson?
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Yes
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What can duress not be used as a defense against?
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homicide p.476
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Can the police make an arrest for a misdemeanor that doesn't involve breach of peace?
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No.
arrest without warrant ok for felony or breach of peace committed in presence 193 |
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Can counsel ask expert for an opinion without any disclosure of the data underlying the opinion?
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Yes, other side needs to be immediately allowed to x-examine. Rule 705 p.203
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What is the type of malice required for arson?
i.e. malicious burning of dwelling |
D have acted w/intent or knowledge that the structure would burn or w/reckless disregard of an obvious risk that the structure would burn p.218
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In robbery what intent is needed?
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Intent to permanently deprive
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In robbery? do you need intent to injure?
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Irrelevant
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Do you have an expectation of privacy for account records that are held by your bank?
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No 4th amend right p.223
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true or false?
False imprisonment is not a lesser included offense of kidnapping? |
True.
Kidnapping has the extra element of moving someone p.244 |
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When asked where ∆ is guilty of manslaughter-what do you look for in D?
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∆ is least culpable/least reckless light
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When asked where ∆ is guilty of depraved heart-what do you look for in D?
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∆ is most culpable
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What does P need to show to find D is guilty of accomplice liability?
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P Need to show that D had:
1. SI that principal commit target offense 2. Aiding and abetting |
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What are elements of attempt crime?
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(1) specific intent crime to commit target offense
(2) substantial step requirement |
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How to distinguish Larceny by trick and false pretense?
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False Pretense: (money) look for credit card fraud, bank fraud, securities fraud, writing bad check, changing the price tag on item in store
By Trick: Larceny with a lie-lie to get their property/goods |
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What is the scope of the terry frisk?
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It's a pat down of outer clothes for weapons BUT
officer can reach in and seize what they reasonably believe is a weapon or contraband |
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What two words do you immediately think of when you see Miranda?
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Custodial Interrogation
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Does Miranda rule care about coercion?
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Miranda goes beyond voluntariness. Makes inadmissible all stmts obtained w/out miranda warnings or valid miranda waiver, not just stmts actually coerced by police.
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In search incident to arrest:
Arrest took place in foyer. can the police look in the bedroom closet for drugs they have probable cause to believe is there? |
No. Not in area allowed for search incident to arrest.
Police can only look in areas they think someone dangerous is lurking |
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What is felony murder?
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Murder committed during the perpetration of an enumerated felony.
Arson, robbery, burglary, rape, mayhem, and kidnapping. |
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True/False:
A forcible warantless entry into a residence for the purpose of making a felony arrest is unconstitutional? |
True unless there are exigent circumstances
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Is it possible to commit larceny of your own property?
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Yes, if another person such as a bailee (car mechanic fixing your car for payment) has superior right to possession of the property at that time.
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Once a conspiracy is entered into each conspirator may be charged with?
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aiding and abetting the commission of crimes by her co-conspirators and therefore liable for those crimes as accomplices
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True or False
each co-conspirator may not be liable for all reasonably foreseeable crimes of all other co-conspirators that were committed in furtherance of the conspiracy. |
Even if conspirator did not have the sufficient mental state for accomplice liability,
doctrine provides that each co-conspirator may be liable for all reasonably foreseeable crimes of all other co-conspirators that were committed in furtherance of the conspiracy. |
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What is voluntary manslaughter?
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Actor kills another person but acts in the heat of passion after sufficient provocation
At CL provocation can be established by showing that the vic had committed a serious battery on the D |
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In order to be guilty of attempt D must?
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Have intent to perform an act and obtain a result, that if achieved, would constitute a crime.
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Larceny is a crime against possession rather than?
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Ownership.
Thus rightful owner can be guilty of larceny. |
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Larceny:
When must D have intent to permanently deprive the owner of possession? |
At the moment of the taking need to have the intent to permanently deprive.
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Can principal be guilty of acts of agent who is directed to commit larceny?
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Yes, a taking essential to larceny occurs even if a D obtain control of the property through the act of an innocent agent.
W getting P to take the computer is sufficient for taking, so that W is guilty despite not having personally taken the computer. p.502 |
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If D is on probation can police search home without PC or warrant?
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Yes. limited amount of expectation of privacy.
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What happens to the stmt where 2 persons are tried together and 1 had given a confession implicating the other?
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Where 2 or more persons are tried together and 1 has given a confession implicating the other, the general rule is that the 6th amend right to confront adverse witnesses prohibits the use of such a stmt.
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What is the reason behind 6th amend prohibiting the stmt to be used?
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the inability of the non-confessing D to compel the confessing co-d to take the stand for x-exam at the joint trial.
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What happens if you accidentally kill a store patron because you were confronted with deadly force by the D?
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No criminal homicide because a private person can use deadly force on a fleeing felon.
Fact sensitive p.505 |
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False pretenses: T/F
You are not guilty of defrauding if you believed you were entitled to the amount? |
True.
Specific intent crime: intent to defraud. |
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Do be guilty of Felony murder the death must be?
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Must be foreseeable result of the felony.
Not considered foreseeable when you lock someone in storage room that is cold which causes their lung condition to aggravate and later die of pneumonia. So long as you didn't know the storage room was a cold room-if you did then guilty FM. p507 |
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What are elements of conspiracy?
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1. agreement between to or more persons
2. intent to enter into an agreement and 3. intent to achieve the objective of the agreement |
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Who has the burden of proving all the elements in a crime charged?
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P.
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Whenever there is a confession or miranda issue what should be the steps of analysis?
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1. 14th amendment due process clause-confession must be voluntary under the totality of circumstances.
2. 5th amendment-Miranda (D subject to custodial interrogation entitled to advice of constitutional rights) |
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Can you be impeached by statements that were made which violated Miranda?
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Yes.
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What are warrant requirement exceptions?
Do you run through them even if they are losing? |
CHP BASES:
Consent, hot pursuit, plain view, border searches, auto, SIA, Evanscent, stop & frisk Run through THEM ALL! |
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What is probable cause?
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Exists when a reasonable person would deduce a crime occurred and that the D committed.
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What is the automobile exception?
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If police have probable cause to believe that a vehicle contains evidence of a crime or contraband can search without warrant.
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