Cal Bar Cheat Sheet (Crimes)

Front 1

Conspiracy

Back 1

An agreement between two or more persons to accomplish some criminal or unlawful purpose.

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Accomplice

Back 2

Common law distinguished between principals in the first and second degree, and accessories before and after the fact. However, modern statutes have abolished these distinctions (except accessory after the fact) and now hold that all parties to the crime can be found guilty of the offenses, if the accomplice acts with the intent to aid or encourage the principal in the commission of the crime.

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Accomplice Liability

Back 3

An aider and abettor is liable for any probable or foreseeable crimes committed during the commission of the target offense.

Front 4

Liability of Conspirator for Crimes of Co-Conspirator

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A conspirator is liable as an accomplice for crimes committed by co-conspirators if such crimes were (1) committed in the furtherance of the objectives of the conspiracy and (2) the crimes were a natural and probable consequence of the conspiracy.

Front 5

Common Law Murder

Back 5

At common law, murder was defined as the unlawful killing of another with malice aforethought.

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Malice Aforethought

Back 6

Malice aforethought requires that the defendant possess one of the following states of mind at the time of the killing: (1) intent to kill; (2) intent to inflict great bodily injury; (3) reckless indifference to an unjustifiably high risk to human life; and (4) intent to commit a felony.

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Fifth Amendment - Miranda

Back 7

Under Miranda v. Arizona, a suspect who is subject to custodial interrogations must be informed of and waive his constitutional rights or the resulting statements will be inadmissible in the prosecution's case-in-chief.

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Automobile Exception

Back 8

Under the automobile exception, the search of an automobile requires only that the police have probable cause to believe that a vehicle contains evidence of a crime or that contraband will be found in the car.

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Search Incident to a Lawful Arrest

Back 9

A search incident to a lawful arrest is a permissible warrant-less search where the defendant's arrest is supported by probable cause, and the officer's search is limited to areas within the arrestee's reach.

Front 10

Due Process Violation During a Line-Up Identification

Back 10

A line-up identification violates due process when the identification is unnecessarily suggestive and there is a substantial likelihood of misidentification.

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Involuntary Intoxication Defense

Back 11

Intoxication is involuntary only if it results from the taking of an intoxicating substance (1) without knowledge of its nature; (2) under duress imposed by another; or (3) pursuant to medical advise while unaware of the substance's intoxicating effect.

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Responsibility and Criminal Capacity/Insanity

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M'Naghten Rule:
A defendant is entitled to acquittal if the proof establishes that a disease of the mind caused a defect of reason, such that the defendant lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.

Irresistible Impulse Test:
A defendant is entitled to acquittal if proof establishes that because of mental illness he was unable to control his actions or to conform his conduct to the law.

Durham Test:
A defendant is entitled to acquittal if the proof shows that he suffered from a mental disease or defect and as a result lacked substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

American Law Institute Test:
A defendant is entitled to acquittal if the proof shows that he suffered from a mental disease or defect and as a result lacked substantial capacity to either appreciate the criminality of his conduct or conform his conduct to t

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M'Naghten Rule

Back 13

A defendant is entitled to acquittal if the proof establishes that a disease of the mind caused a defect of reason, such that the defendant lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.

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Irresistible Impulse Test

Back 14

A defendant is entitled to acquittal if proof establishes that because of mental illness he was unable to control his actions or to conform his conduct to the law.

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Durham Test

Back 15

A defendant is entitled to acquittal if the proof shows that he suffered from a mental disease or defect and as a result lacked substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

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American Law Institute Test

Back 16

A defendant is entitled to acquittal if the proof shows that he suffered from a mental disease or defect and as a result lacked substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

Front 17

Diminished Capacity

Back 17

A defendant is entitled to partial defense where the proof shows that as a result of mental defect short of insanity, he did not have the particular mental state required.

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Necessity/Duress

Back 18

The defense of necessity/duress are available to all crimes except homicide.

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Sixth Amendment Right to Counsel

Back 19

Under the Sixth Amendment, a suspect has a right to the presence of an attorney at any post-charge lineup or or show-up.

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In-Court Identification/Independent Source

Back 20

A witness may make an in-court identification despite the existence of an illegal line-up if the in-court identification has an independent source. The factors a court will weigh in determining an independent source include: (1) the opportunity to observe the defendant at the time of the crime; (2) the ease with which the witness can identify the defendant; and (3) the existence or absence of prior misidentifications.

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Voluntary Manslaughter

Back 21

Voluntary manslaughter is an intentional killing distinguishable from murder by the existence of adequate provocation. The provocation must arouse a sudden and intense passion in the mind of an ordinary person to cause him to lose self-control, with inadequate cooling time.

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First Degree Murder

Back 22

First degree murder is committed with deliberation and premeditation.

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Second Degree Murder

Back 23

Second degree murder is all other murders not of the first degree.