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22 Cards in this Set
- Front
- Back
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Year & A Day Rule for homicide
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does not apply in Florida
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Ways to have homicide jurisdiction in Florida
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1. the fatal blow occurred in Florida OR 2. the death occurred in Florida OR 3. an essential element occurred in Florida
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Florida felony
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Crime punishable by more than a year in prison
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Florida misdemeanor
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Maximum of a year in jail
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Types of felonies
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Capital
Life 1st degree 2nd degree 3rd degree |
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Types of Misdemeanors in FL
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1st and 2nd degree
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4 Mental States (same @ common law)
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Purposefully--you desire the outcome
Knowingly--result is practically certain to occur Recklessly--aware of a bad unjustifiable risk Negligently--reasonable person should have known |
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Specific intent can be satisfied by (same @ common law)
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Purpose or knowingly
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Two Major Malice Crimes (same @ common law)
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arson & murder (malice = P, K, or R)
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Florida Accomplice Liability
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No accessory before the fact; principal and accomplice abolished--if you help before or during you are responsible for the actual event
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Florida Conspiracy does not require an...
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overt act. only need agreement
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"Takes two to tango in Florida"
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2 people who not only agree but INTENT to agree to commit conspiracy (so if you "conspire" with a police officer who doesn't intend to do it, you can be guilty of solicitation but not conspiracy)
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Florida defense to attempt
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COMPLETE and Voluntary abandonment decided on DF's own volition (not b/c police are coming)
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Two Categories of Affirmative Defense
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Excuse & Justification
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Florida insanity rule
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M'Naghten---severe psychiatric disease and as a result, defendant didn't know right from wrong or know the nature & quality of his actions
DF has burden of defense to show he's insane!! by clear & convincing evidence |
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Voluntary Intoxication on Florida
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Is NOT a defense--it does not negate mental state in Florida.
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In Florida you can use force to
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resist forcible felonies. and you can use lethal force. no duty to retreat. you may stand your ground, even if you're not in your house (but you must be lawfully wherever you are and must reasonably believe you're in danger).
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Acronym for enumerated felonies for felony murder in FL.
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SAD BREAK TAD, C THE HARM
(Common law: BARRK--Burglary, Arson, Rape, Robbery, Kidnapping) |
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3 Degrees of Felony Murder in FL
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1st Degree--requires a co-felon killing someone AND it has to be one of the 18 enumerated felonies
2nd Degree--a non-felon kills someone and its one of the 18 enumerated felonies 3rd Degree--any killing during a non-enumerated felony |
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Misdemeanor stalking
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maliciously and repeatedly follow or harrass
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You can only get the death penalty in FL for...
And for a capital offense you need... |
1st degree murder
indictment by grand jury (not information by prosecutor) |
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Property offenses in FL are now called...
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theft. and in FL if you intent to take something with only the intent to borrow it, that is STILL theft!!
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