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81 Cards in this Set
- Front
- Back
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Do attempt crimes require specific intent?
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Yes. They require specific intent to commit the target crime
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When does a crime merge?
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Attempt
Conspiracy Where it's elements are "swallowed up" by another charged crime (ie it is a lesser offense) |
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What must a D do to be guilty of attempt?
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Show specific intent to commit the target crime
Take a substantial step toward commission of the crime |
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Solicitation consists of...
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inciting another to commit a crime with the specific intent that the person solicited commit the crime.
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When does solicitation merge with conspiracy, attempt, or completed crime
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when the person who is solicited agrees to commit the crime or actually attempts or completes the crime
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Conspiracy requires...
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- an agreement
- an intent to agree - an intent to pursue the unlawful objective - and overt act in furtherance of the conspiracy |
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An accomplice is
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one who, with the intent that a crime be committed, aids, counsels, or encourages another (the principal) before or during the commission of a crime.
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A conspirator is liable for all criminal acts of a co-conspirator...
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that reasonably result from the conspiracy and are committed in furtherance of the conspiracy.
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Can a person be liable for failure to contact the police about that other person's planned criminal acts?
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No, absent a duty to act
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Is withdrawal a valid defense to conspiracy?
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No, b/c conspiracy is complete at the time the elements are met.
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Mens rea of attempt consists of
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the intent to commit the acts or cause the result constituting the target crime, and
the intent necessary for the target crime |
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Robbery is defined as
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- a trespassory
- taking and - carrying away of - the personal property of another - by means of violence or threats |
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MPC approach for attempt actus reus
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- an act constituting a substantial step
- the act be of strong corroboration of the D's criminal purpose |
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Is abandonment a defense to attempt?
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Not traditionally.
The MPC and modern statutes allow it if: - D can show abandonment was entirely voluntary; and - the abandonment was complete (ie not merely postpone) |
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Is factual impossibility a valid defense?
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No.
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Legal impossibility arises...
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only when the D does or intends to do in an act that would not in fact be criminal.
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What are the elements of attempted involuntary manslaughter?
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TRICK! There is no such thing. TO convict for attempt, you must show specific intent, but involuntary manslaughter has no intent.
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To succeed in an entrapment defense, the D must show...
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- the criminal design originated with the law enforcement officers; and
- the D was not predisposed to commit the crime prior to the initial contact by the government |
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Common law definition of murder
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The unlawful killing of a human being with malice afrethought
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Malice can be shown by
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- the intent to kill
- the intent to inflict great bodily injury - a reckless indifference to an unjustifiably high risk to human life; or - the intent to commit a felony |
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What will reduce murder to voluntary manslaughter?
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- adequate provocation: provocation that would arouse a sudden and intense passion in the mind of an ordinary person such as to cause him to lose self-control
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May a D claim self-defense and use deadly force when the threat has already passed?
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No.
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Deadly force as self defense may be used when the D is
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- without fault
- confronted with unlawful force; and - threatened with imminent death or great bodily harm |
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What will chronic spousal abuse be useful in showing?
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A continuing threat to a person's life (thus an unreasonable but honest belief in the necessity of killing the abuser)
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Battery is defined as
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an intentional unlawful application of force to the victim's person
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A D may use deadly physical force to defend a third person
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if it is necessary to defend a thrid person who is in immediate danger of an unlawful deadly attack
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Elements of accessory after the fact
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- a person
- knowing another has committed a completed felony - renders aid to a felon personally to prevent apprehension, prosecution, or conviction |
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A search incident to arrest must be limited too...
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the D's wingspan
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What objects may be searched for incident to arrest?
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Any weapons that the arrestee might use to resist or escape and
any evidence on the arrestee's person in order to prevent its concealment or destruction |
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When arrestee seized in a car, search may include...
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the entire passenger compartment (including glove box and any containers) if:
- the arrestee is unsecured and may still gain access to the car - the police reasonably believe that evidence pertaining to the crime for which the person was arrested may be found in the car |
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Warrant requirement - automobile exception:
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allows officers to legally search and seize any evidence found in a car if they have probable cause to believe that the vehicle contains contraband (etc.) or evidence of a crime
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Warrantless search of a vehicle extends to...
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any portion of the entire vehicle where the items for which there is probable cause to search may reasonably be found (including trunk).
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Warrantless inventory search
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Officers may conduct a warrantless inventory search of any property taken into their custody
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When must Miranda warnings be given?
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Before a custodial interrogation is conducted
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Plain view exception
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When an area is legally searched, items may be seized if
- they are legitimately on the premises where the evidence is found - they are in plain view - police have a probable cause to believe the evidence is seizable |
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Criminal law causation
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The D must be the proximate (but for) cause of the V's injuries.
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Intervening act
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will shield the D from liability when it is mere coincidence or unforeseeable
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Reasonable expectation of privacy may be asserted by
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by a home owner, occupier, or an overnight guest in the home searched
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What evidence is required for a successful motion for acquital
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To grant a motion for acquital, the D must show that the prosecution has failed to produce enough evidence to send the case to the jury
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General rule re abandonment
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Once the D has performed sufficient acts to be criminally liable for attempt (ie intent and substantial step) abandonment is not a defense
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The fourth amendment
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protects persons against unreasonable searches and seizures by state actors
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Always organize a crim law answer by...
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defendant
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Specific intent crimes
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Attempt
Conspiracy First degree premeditated murder Assault Larceny and robbery Burglary Forgery False Pretenses Embezzlement |
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Malice crimes
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Arson
CL Murder |
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General Intent
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Battery
Rape Kidnapping False Imprisonment |
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Fourth Amendment Steps
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Umbrella Rule
- State action - Standing = reasonable expectation of privacy - Warrant? (valid on its face and in execution) - No Warrant Exception? - 14th Amend claim too? |
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Confession issues
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5th amendment Miranda issue
6th amendment right to counsel 14th amendment dp issue |
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Criminal law con'l provisions
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4th, 5th, 6th, 8th, and dont' forget 14th!
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SSSC
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Substantial
Step Strongly Corroborates (mental state) (to complete crime) |
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Exclusionary Rule
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Judge-made doctrine that prohibits introduction evidence obtained in violation of D's 4th, 5th, and 6th amendment rights.
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Exceptions to the fruit of the poisonous tree doctrine
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- fruits derived from statements obtained in violation of Miranda
- independent source evidence - intervening act of free will by D - inevitable discovery - knock and announce rule violations |
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Limitations of exclusionary rule
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- Inapplicable to grand juries, civil proceedings
- good fait hreliance on law, defective search warrant - use of excluded evidence for impeachment purposes - knock and announce rule violations |
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Harmless error test
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If illegal evidence admitted, resulting conviction overturned unless the state shows beyond RD that error was harmless (but never applies to denial of RTC at trial)
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Arrest must be based on...
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probable cause (trustworthy facts or sufficient knowledge for RP to believe S is committing crime)
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Is a warrant required for home arrests?
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YES
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Stop and Frisk
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Occurs when police have a reasonable suspicion of criminal activity or involvement of a completed crime, supported by articulable facts
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Automobile stops
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Can't stop w/o reasonable suspicion, BUT if special law enforcement needs are involved, roadblock ok if it stops cars on neutral basis, and is designed to serve purposes closely related to particular problem
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Can a cop order all car occupants out?
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Yes, if stop lawful. If he thinks they're armed he can frisk the m too
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Are the occupants "seized" by a stop?
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Yes.
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Search and seizure questions
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State action?
Reasonable expectation of privacy? Warrant? (Exception?) Proper warrant? Proper execution? |
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Warrant exceptions
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Incident to a con'l arrest
Automobile search Plain view Consent Stop and frisk Hot pursuit |
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No REP in
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sound of one's voice
handwriting paint on vehicle accounts held by bank location of car areas outside of home trash smell |
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Warrant based on affidavit invalid if:
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all three shown:
- false statement included in aff - affiant intentionally or recklessly included false statement - FS material to finding of PC |
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Can cops question a D about an unrelated uncharged offense after D's 6th amendment rights atach?
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Yes, but this may violate the D's 5th amendment right to counsel.
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Miranda warnings implicate which con'l amend?
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The FIFTH amendment
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A waiver of Miranda rights must be
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voluntary and intelligent
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Difference between asking for counsel and invoking right to remain silent
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If counsel requested - ALL questioning must cease
If remaining silent - cops can ask questions about different crime if fresh warnings given |
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Line up due process standard
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Can be attacked if id unnecessarily suggestive and substantial likelihood of mis-id
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Must the gov disclose exculpatory evidence?
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Yes, otherwise violation of DPC and ground to reverse if evidence favorable and prejudice resulted
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Right to counsel in misdemeanor cases
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only if imprisonment actually imposed
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A waiver of Miranda rights must be
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voluntary and intelligent
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Difference between asking for counsel and invoking right to remain silent
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If counsel requested - ALL questioning must cease
If remaining silent - cops can ask questions about different crime if fresh warnings given |
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Line up due process standard
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Can be attacked if id unnecessarily suggestive and substantial likelihood of mis-id
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Must the gov disclose exculpatory evidence?
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Yes, otherwise violation of DPC and ground to reverse if evidence favorable and prejudice resulted
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Right to counsel in misdemeanor cases
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only if imprisonment actually imposed
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When can a co-D's confession be admitted?
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Generally not, due to the right of confrontation. But may be admit if:
- all portions referring to D are eliminated; OR - confessing D takes the stand; OR - nontestifying co-D used to rebut D's claim his confession coerced |
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When does double jeopardy attach?
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J trial - at empaneling and swearing of jury
Bench trial - when first witness sworn |
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Retrial exceptions
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hung jury
abortion of original trial due to manifest necessity successful appeal (but not greater offense) breach of plea bargain |
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Retrial for lesser offense ok when...
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new evidence emerges
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What is subject to 5th amendment privilege?
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testimonial evidence (can compel documents)
only compelled testimonial evidence |
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When can prosecutor comment on D's failure to testify (his silence)
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in response to defense counsel's assertion that the D was not allowed to explain his side of the story
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