Bar Breaker: Criminal Law And Procedure

Front 1

Voluntariness (under 5A vol)

Back 1

To be admissible, a confession must be a produce of rational intellect and free will. The court will examine the totality of the circumstances.

Front 2

Miranda (5A)

Back 2

Under Miranda, a police officer must advise a defendant of certain constitutional rights if the defendant is subject to custodial interrogation.

Front 3

Custody (Miranda First Prong)

Back 3

A defendant is in custody if subjected to physical restraint or deprived of his or her freedom in any significant way.

Front 4

Interrogation (Miranda Second Prong)

Back 4

A defendant is subject to interrogation where he is subject to words or actions by police that the police should reasonably know are likely to elicit an incriminating response.

Front 5

Standing (re 4A)

Back 5

In order to prove standing, a defendant must have a substantial ownership interest in the premises searched or a reasonable expectation of privacy in the search area.

Front 6

Homicide

Back 6

Criminal homicide is defined as a killing a human being by another with criminal intent.

Front 7

Common Law Murder

Back 7

Homicide committed with malice aforethought.

Front 8

Malice aforethought.

Back 8

requires actual intent to kill, an intent to inflict grave bodily injury, wantonness or conduct falling within the felony murder rule.

Front 9

1st Degree Murder

Back 9

Homicide with premeditation and deliberation.

Front 10

2nd Degree Murder

Back 10

Intentional killing with malice aforethought but without premeditation and deliberation. (Look for wanton heart disregard, or intent to cause serious harm)

Front 11

Voluntary Manslaughter

Back 11

Voluntary manslaughter is the intentional killing of another human being with some mitigating circumstance, such as alcohol intoxication, reasonable provocation, or imperfect self-defense.

Front 12

Heat of passion killing (vol manslaughter variety):

Back 12

provocation must be such that a reasonable person would kill and inadequate cooling time exists.

Front 13

Involuntary Manslaughter

Back 13

unintentional killing of another or a killing which happsn during an inherently dangerous misdemeanor.