Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
24 Cards in this Set
- Front
- Back
|
What is the basic outline of a Crim Pro Essay?
|
4th Amendment – Arrest, Search, Seizure
5th Amendment – Incriminating statements, Double Jeopardy 6th Amendment – Trial Rights, Counsel, Speed, Jury, Confrontation 8th Amendment – Cruel and Unusual 14th Amendment – Due Process |
|
|
What is the analysis for a 4th Amendment arrest?
|
1. Arrest
. .a. Warrant not generally required, except for home arrest. Same requirement or a search. . .b. Detentions – Terry Stop, No longer than necessary. |
|
|
What is the analysis for a 4th Amendment search/seizure?
|
a. First, is there * Governmental Conduct and * REP?
b. Second is there a Valid warrant? Yes/No – Good Faith Exception? . .i. Warrant . . . .1. PC . . . .2. Scope . . . .3. Neutral and Detached . . . .4. Proper Execution . .ii. Without a Warrant - SPACES . . . .1. SiLA . . . .2. Plain View . . . .3. Auto . . . .4. Consent . . . .5. Exigent . . . .6. Stop and Frisk |
|
|
What is the exclusionary rule?
|
c. Exclusionary Rule – Must be criminal trial
. .i. Overturn a verdict unless harmless . .ii. Fruit of the poisonous tree - Broadens . .iii. Inevitable, Free Will, Independent Source - Exception . .iv. Admissible to impeach |
|
|
What is the analysis for a 5th amendment violation?
|
1. Incriminating Statements
. .a. Privilege against self incrimination protects compelled testimonial evidence . .b. Miranda – Only when Δ knows of government involvement . . . .i. Custodial Interrogation . . . .ii. Warning . . . .iii. Waiver – knowing, voluntary, and intelligent . . . . . .1. Counsel – Applies to all crimes, until Δ initiates . . . . . .2. Silence – Applies to a reasonable amount of time 2. Double Jeopardy . .a. Attaches in jury(jury sworn) or bench trial(first witness) . .b. Exceptions – Hung Jury, Mistrial, Breaches Plea Bargain . .c. Same offense or lesser included, unless new evidence . .d. Does not apply to separate sovereigns. |
|
|
What is the analysis for a 6th amendment right to counsel?
|
1. Right to Counsel – If sentenced to jail time
. .a. Right at post charge lineup or show up . .b. Critical states of a prosecution . .c. No right at photo ID or taking of physical evidence . .d. Waiver & right to defend oneself . .e. Effective assist. of counsel – Deficient and result would change |
|
|
What is the analysis under the 8th amendment?
|
1. Cruel and Unusual Punishment
. .a. Punishment proportionate to the offense . .b. Death Penalty . . . .i. Not inherently violative of the 8th amendment . . . .ii. Jury should be allowed to consider mitigating circs . . . .iii. Can be imposed for felony murder if Δ participated in a major way and acted with reckless indifference . . . .iv. Jury can consider impact on victim’s family . . . .v. Cannot be imposed on mentally retarded and minors . .c. Status crimes but no violation for imposition for acts any statute that says you can't show mitigating factors is illegal any statute limiting mitigating factors is illegal...they are all admissible no automatic category to impose DP jury must consider the aggrivating circumstances |
|
|
What are the concerns under the 14th amendment?
|
1. Due Process
. .a. Burden of Proof on prosecution . .b. Unnecessarily suggestive identification . .c. Interrogation techniques can not be so bad so as to overpower the will of the suspect. |
|
|
What is the basic outline for a Criminal Law Essay?
|
Basic Principles of Common Law
Accomplice Liability Inchoate Offenses Common Law Crimes Defenses |
|
|
What are the basic principles of criminal law?
|
1. Was there an Act/Omission
. .a. Voluntary – Not epileptic or sleep walking . .b. Duty to Act – Statute, Contract, Relationship, Assumption of Care, Creation of Peril 2. Was there the requisite mental state? . .a. Specific Intent – Inchoate, Crime against property, 1st, Assault . . . .i. Intent to engage in proscribed conduct . .b. Malice – CL Murder, Arson . . . .i. Reckless disregard of known risk . .c. General Intent – Battery, Rape, Assault(2) . . . .i. Awareness of acting in proscribed manner . .d. Strict Liability 3. MPC . .a. Purposely – Conscious object to engage in proscribed conduct . .b. Knowingly – Awareness that conduct is of a particular nature or will cause a particular result . .c. Recklessly – Conscious disregarding a substantial known risk . .d. Negligently – Failure to be aware of a substantial risk |
|
|
What is accomplice liability?
|
1. Accomplice – Actively aids or encourages principal to commit the illegal conduct with the intent to encourage the crime.
. .a. More than consent or mere presence 2. Scope of Liability – crimes that helper did or counseled and for any other FORESEEABLE crimes committed in the course of committing the crime contemplated to the same extent as the principle. 3. Defenses . .a. Withdrawal . . . .i. If a person merely encouraged the crime he must repudiate his encouragement . . . .ii. If provided some material, must do all possible to get back . . . .iii. Alternative: Notify authorities or take some action to prevent the commission of the crime . . . .iv. Must be before the chain of events leading to the crime becomes unstoppable 4. Accessory After the Fact – Person who aids another to escape knowing that he has committed a felony . .a. Not liable for crime itself – Separate lesser charge |
|
|
What are the inchoate offenses?
|
1. Solicitation - Asking
2. Conspiracy – Agreement to commit a crime, May require an overt act 3. Attempt - (mere prep is not enough) |
|
|
What are the categories of common law crimes?
|
Crimes Against the Person
Crimes Against Personal Property – Theft Crimes Against Person and Personal Property Crimes Against Real Property Crimes Against the public |
|
|
What are the crimes against a person?
|
1. Homicide
. .a. CL Murder – Second degree . . . .i. Malice Aforethough . . . . . .1. Intent to kill . . . . . .2. Intent to commit serious bobily injury . . . . . .3. Wanton Reckless – abandoned and malignant heart . . . . . .4. Felony Murder – inherently dangerous, foreseeable . . . .ii. Degrees . . . . . .1. First – Premeditated, Felony Murder Enumerated . .b. Voluntary Manslaughter . . . .i. Adequate provocation – Objective . . . .ii. Heat of passion – no cooling off period – Both sub/obj . .c. Involuntary Manslaughter . . . .i. Unintentional Killing - negligence . . . .ii. Misdemeanor Manslaughter 2. Assault and Battery 3. Rape 4. Kidnapping 5. Mayhem |
|
|
What are the crimes against personal property - theft?
|
1. Larceny
. .a. Intent to steal and keep property of another . .b. Transportation 2. Larceny by Trick – NO TITLE . .a. Get the person to give you something falsely believing you are giving it to someone else 3. Embezzlement . .a. Have possession and fail to return 4. False Pretenses - TITLE . .a. Convince them to give you title 5. Receiving Stolen Goods . .a. Accepting goods you know to be stolen |
|
|
What are the :
Crimes against Person and Personal Property? Crimes against Real Property? Crimes against the Public? |
Crimes against Person and Personal Property
. .1. Robbery = larceny + assault . .2. Extortion = Threat of future harm, blackmail Crimes against Real Property . .1. Arson . .2. Burglary – occupancy by someone other than the defendant Crimes against the Public . .1. Forgery – altering a writing with legal significance. IE a contract. . .2. Misprison, Compounding a Felony . .3. Bigamy |
|
|
What are the defenses to crimes?
|
MAIDS DINED
1. Self Defense – Aggressor = Com. withdrawal to other, escalation with no escape 2. Defense of Others 3. Defense of Property 4. Insanity . .a. M’Naughten – Not know wrong, not know nature . .b. Irresistible Impulse – Lack self control . .c. MPC – cannot conform conduct . .d. Durham – Product of disease or defect 5. Intoxication . .a. Voluntary – SI defense only . .b. Involuntary – Defense to ALL 6. Entrapment – Narrow, originated from law enforcement and not predisposed 7. Mistake – Fact = SI = ANY, M or GI = Reasonable, SL = Never 8. Age, Infancy – 7,14 9. Necessity – Need to commit crime to prevent greater injury 10. Duress – Threat of harm to Δ or family members |
|
|
What are the Specific Intent Crimes?
|
All inchoate crimes
1. Solicitation 2. Attempt 3. Conspiracy All crimes against property 1. Larceny and Robbery 2. Burglary 3. Forgery 4. False Pretenses 5. Embezzlement Plus 1. First degree premeditated murder 2. Assault |
|
|
Malice Crimes?
|
Common Law Murder
Arson |
|
|
General Intent?
|
1. Battery
2. Rape 3. Kidnapping (remember it requires a kid and a naaaaapping) 4. False Imprisonment 5. Assault - Intentional creation of reasonable apprehension of imminent bodily harm. |
|
|
What is solicitation?
|
1. Solicitation - Asking someone to commit a crime
. .a. The refusal of the solicitee is no defense . .b. Merges with Conspiracy, Attempt, and the Final Crime |
|
|
What is conspiracy?
|
2. Conspiracy – Agreement to commit a crime, May require an overt act
. . . .i. Agreement . . . .ii. Intent to Agree . . . .iii. Intent to achieve the same unlawful purpose or objective . .b. Liable for all crimes of others if foreseeable and in furtherance . .c. Defenses . . . .i. No impossibility defense . . . .ii. Can only withdraw from liability for future crimes . . . .iii. No merger |
|
|
What is attempt?
|
3. Attempt - (mere prep is not enough)
. . . .i. Specific Intent . . . .ii. A substantial step in the direction of the crime, Overt Act . .b. Defenses . . . .i. Factual impossibility no defense . . . .ii. Majority rule – legal impossibility is a defense . . . .iii. Abandonment no defense after the substantial steps begun |
|
|
What are your rights regarding a trial under the 6th amendment?
|
2. Right to a Speedy Trial
. .a. Totality of the Circumstances . .b. Attaches once D is arrested or Charged 3. Right to a Jury Trial . .a. Series offenses – >6 months . .b. Number (more than 6) and selection of jurors, pool . .c. Death penalty – Jurors views must not prevent performance of duty . .d. Guilty pleas must be voluntary and intelligent 4. Right to Confront Witnesses . .a. Observe witness demeanor and opportunity to cross examine . .b. Right not absolute . . . .i. Disruptive defendant . . . .ii. Co-Defendant’s Confession – redact Δ info |
