2011 Mbe Criminal Law Dc

Front 1

Common Law Elements of Murder

Back 1

Murder is criminal homicide committed with malice aforethought.

Malice aforethought =
1) intent to kill
2) intent to inflict serious bodily harm
3) wanton and willful disregard of an unreasonable human risk (depraved heart)
4) homicide occurring during commission of a dangerous felony.

Front 2

Degress of Murder

Back 2

1st - Murder committed with deliberately premeditated malice aforehthought, with extreme atrocity and cruelty, during a felony, by poison, by laying in wait.

2nd - Murder committed with malice without deliberate premeditation, or any murder not first-degree murder.

Front 3

Elements of Voluntary Manslaughter

Back 3

Intentional homicide without malice aforethought.

Types:
1) Provocation (Heat of Passion)
2) Imperfect Self-Defense
3) Necessity

Front 4

Involuntary Manslaughter

Back 4

Unintentional homicide committed with criminal negligence or in commission of a misdemeanor.

Front 5

Defenses to Homicide

Back 5

1) Self Defense
2) Defense of Others
3) Defense of Property (No Deadly Force)
4) Public Authority
5) Arrest (Deadly - Felony, Non-Deadly - Misdemeanor)
6. Prevention of Felony

Front 6

Specific Intent Crimes

Back 6

Larceny, Embezzelment, Obtaining Property by False Pretences

Front 7

Elements of Larceny

Back 7

Trespassory taking and carrying away of the personal property of another with the INTENT TO STEAL.

Front 8

Elements of Embezzlement

Back 8

Fraudulent conversion of the property of another by one who is already in lawful possession.

*Property must belong to another (title)

Front 9

Elements of Obtaining Property By False Pretenses

Back 9

A false representation of a material fact relied upon by the victim which induces the victim to to pass title to property.

*Representation must be false and be a past or present fact.

Front 10

Elements of Forgery

Back 10

1) Making or altering
2) of a false statement
3) with intent to defraud

*Writing must have apparent legal significance.

Front 11

Elements of Receiving Stolen Goods

Back 11

1) Recieving Stolen Property
2) Knowledge that it is Stolen
3) Intent to Deprive True Owner

Front 12

Elements of Roberry

Back 12

1) Larceny
2) By Force or Intimidation

Front 13

Elements of Burglery

Back 13

1) Breaking and Entering
2) Dwelling House of Another
3) At Night
4) w/ Intent to Commit a Felony

Front 14

Elements of Battery

Back 14

1) Unlawful Application of Force
2) To Person of Another

*No Consent

Front 15

Elements of Assault

Back 15

Either
1) An attempt to commit a battery

2) Intentional placing of the victim in apprehension of receiving an IMMEDIATE battery.

Front 16

Elements of Kidnapping

Back 16

Unlawful forcible confinement and asporation of a person against his or her will.

Front 17

Elements of Rape

Back 17

Unlawful sexual intercourse with a FEMALE without CONSENT.

Fraud in factum - RAPE
Fraud in the inducement - no rape

Front 18

Elements of Arson

Back 18

Malicious burning of the dwelling house of another. (Must be intent to burn)

Front 19

Elements of Malicious Mischief.

Back 19

1) Malicious
2) Destruction or
2a) Damage to
3) Property of another

Front 20

What are the main INCHOATE crimes?

Back 20

1) Attempt
2) Solicitation
3) Conspiracy

Front 21

What is Attempt

Back 21

A step in the direction of committing a crime, coupled with the intention to commit the crime. (Merges upon completion)

Front 22

What is Solicitation

Back 22

Occurs when the D, with the intention that another commit a crime; ENTICES, ADVISES, INCITES, ORDERS, or ENCOURAGES the other to commit a crime. (Merges upon completion - Solicitor becomes accomplice)

Can become conspiracy upon agreement.

Front 23

What is Conspiracy

Back 23

Agreement by more than one party to commit a crime, an an overt act is taken in commission of the act. (Does not merge upon completion)

*Withdrawl requires notice be given.

Front 24

Parties to a Crime

Back 24

1) Principal - 1st Degree
2) Principal - 2nd Degree
3) Accessory before the Fact
4) Accessory after the Fact
5) Misprision (Failure to Report a Known Felon)
6) Compounding

Front 25

What are the INSANITY test?

Back 25

1) M'Naghten Test - D did not know nature or quality of act, or if she did, then did not know it was wrong
2) Irresistible Impulse Test - Mental Disease prevented D from controlling conduct
3) Durham Rule - If Unlawful Act was product of mental disease or defect
4) Model Penal Code - D lacked capacity due to mental disease.

Front 26

Justification Defenses:
(Not Applicabe to Homicide)

Back 26

1. Duress
2. Necessity
3. Public Authority
4. Domestic Authority

Front 27

Rules to Waive Miranda

Back 27

1) Voluntary Waive
2) Intelligently & Knowingly Made

*EXCEPTION: If counsel has been requested, can NOT waive until counsel arrives.

Front 28

Double Jeopardy (Same Offense)

Back 28

Two offense considered same offense unless each offense contains an element not contained in the other.

*Attaches once jury has been impaneled. *Nonjury when introduction of evidence begins.

Front 29

What Areas are Associated with a Reasonable Expectations of Privacy?

Back 29

1. Dwelling House
2. Hotel Room
3. Private Business Office
4. Private Areas of a Store
5. Priate Office of a Corporation

Front 30

What Expectation of Privacy is Associated with an Automobile?

Back 30

A lesser expectation of privacy, no expectation of privacy as to VIN #, and police may remove anything obstructing view of interior of car during a valid stop.

Front 31

Are Open Fields, Streets, Side Walks, or Parks Protected Areas?

Back 31

No

Front 32

Does an inmate have a reasonable expectation of privacy in his cell?

Back 32

No (maintain institutional security and preserve internal order and discipline)

Front 33

Can Abandoned Property Be Recovered and Seized?

Back 33

Yes

Front 34

Search Scope of Automobile After Arrest?

Back 34

If:
1) Arrestee is unsecured and may gain access to the vehicle
2) Police REASONABLY believe evidence of crime may be found in vehicle.

Front 35

Search Score Resulting from Arrest?

Back 35

Must be essentially contemporaneous with the arrest and limited to the area under arestees control .

Front 36

School Search is Valid if?

Back 36

1) Offers a moderate chance of finding evidence of wrongdoing
2) Measures adoped reasonably related to objectives of search
3) Search is not exclusively intrusive in light of the age/sex of the student and nature of affiliation.

Front 37

1) Search of Car & Containers During a Valid Stop Requirement?

Back 37

Probable cause to search.

Front 38

Searches by Public Schools

Back 38

Probable cause is not required. Only reasonable grounds are necessary. (states interest to provide a state environment).