Crim

Front 1

Malice mens rea

Back 1

Reckless disregard of an obvious or high risk that the particular harmful result will occur

Front 2

Purposely

Back 2

Conscious objective to engage in certain conduct or cause a certain result

Front 3

Knowingly

Back 3

Aware that his conduct is of a particular nature or knows that his conduct will very likely cause a particular result

Front 4

Recklessly

Back 4

Knows of a substantial and injustifiable risk and consciously disregards it

Front 5

Negligence

Back 5

Fails to be aware of a substantial and unjustifiable risk. Substantial deviation from the standard of care.

Front 6

Accomplice liability

Back 6

1) Give aid, counsel, or encouragement to the principal
2) Intent to encourage the crime

Front 7

Withdrawal from accomplice liability

Back 7

1) Repudiation for mere encouragement
2) Attempt neutralize anything beyond encouragement

Front 8

Solicitation

Back 8

1) Inciting, counseling, advising, urging, or commanding another to commit a crime
2) Intent that the person solicited commit the crime

Front 9

Conspiracy

Back 9

1) Intent to agree
2) Intent to achieve objective
3) Overt act

Front 10

Attempt

Back 10

1) Intent to performa an act and obtain a result that, if achieved, would constitute a crime
2) Substantial step

Front 11

M'Naghten

Back 11

Because of mental defect:
1) Did not know act was wrong; OR
2) Did not understan the nature and quality of his actions

Front 12

Irresistible Impulse

Back 12

Because of mental defect, unable to control his actions or conform his conduct to the law

Front 13

Durham

Back 13

Crime was the product of mental illness

Front 14

MPC Test

Back 14

Lacked substantial capacity to:
1) Appreciate the criminality of his conduct; OR
2) Conform his conduct to the requirements of the law

Front 15

Entrapment

Back 15

1) Criminal design originated with law enforcement officers
2) D was predisposed to commit the crime

Front 16

Battery

Back 16

1) Unlawful application of force to the person of another
2) Resulting in bodily injury or an offensive touching

Front 17

Assaut

Back 17

1) Attempt to commit battery; OR
2) Intentional creation of a reasonable apprehension of imminent bodily harm

Front 18

Mayhem

Back 18

Dismemberment of disablement of a bodily part.

Front 19

Murder

Back 19

The unlawful killing of a human being with malice aforethought.

Front 20

Malice aforethought

Back 20

1) Intent to kill
2) Intent to inflict great bodily injury
3) Depraved heart
4) Intent to commit a felony

Front 21

Depraved heart

Back 21

Reckless indifference to an unjustifiably high risk to human life

Front 22

Voluntary manslaughter

Back 22

Would be murder but for adequate provocation:
1) Sudden and intense passion
2) In fact provoked
3) No cooling off period
4) In fact did not cool off

Front 23

Involuntary manslaughter

Back 23

1) Criminal negligence
2) Misdemeanor manslaughter

Front 24

First degree murder

Back 24

1) Deliberate and premeditated
2) Felony murder

Front 25

False imprisonment

Back 25

1) Unlawful confinement
2) Without valid consent
3) Interferes substantially with victim's liberty

Front 26

Kidnapping

Back 26

1) Some movement of victim
2) Concealment in a secret place

Front 27

Rape

Back 27

Unlawful carnal knowledge of a woman by a man, not her husband, without valid consent

Front 28

Larceny

Back 28

1) A taking
2) And carrying away
3) Of tangible personal property
4) Of another
5) By trespass
6) With intent to permanently deprive

Front 29

Embezzlement

Back 29

1) Fraudulent
2) Conversion
3) Of personal property
4) Of another
5) By a person in lawful possession of property

Front 30

False pretenses

Back 30

1) Obtaining title
2) To personal property
3) Intentional false statement of fact
4) Intent to defraud

Front 31

Robbery

Back 31

1) Taking
2) Of personal property of another
3) From the other's person or presence
4) By force or threats of immediate death or physical injury
5) Intent to permanently deprive

Front 32

Extortion

Back 32

CL: corrupt collection of an unlawful fee by an officer under color of office
Modern: obtaining property by means of threats to do harm or expose information

Front 33

Receipt of stolen property

Back 33

1) Receiving possession and control
2) Of stolen property
3) Known to be stolen
4) By another person
5) With intent to permanently deprive

Front 34

Forgery

Back 34

1) Making or altering
2) A writing with apparent legal significance
3) So that it is false
4) With intent to defraud

Front 35

Uttering a forged instrument

Back 35

1) Offering as genuine
2) An instrument that is subject to forgery and is false
3) With intent to defraud

Front 36

Malicious mischief

Back 36

1) Malicious
2) Destruction or damage to
3) Property of another

Front 37

Burglary

Back 37

1) Breaking
2) Entry
3) The dwelling
4) Of another
5) At nighttime
6) With the intent to commit a felony within

Front 38

Arson

Back 38

1) Malicious
2) Burning
3) Of the dwelling
4) Of another

Front 39

4A search and seizure analysis

Back 39

1) Government agent?
2) Reasonable expectation of privacy?
3) Warrant?
4) Warrant proper?
5) Warrant properly executed?

Front 40

Warrantless search exceptions

Back 40

1) Incident to constitutional arrest
2) Automobile search
3) Plain view
4) Consent
5) Stop and frisk
6) Hot pursuit, evanescent evidence, emergency

Front 41

Invalidating a search warrant based on affidavit

Back 41

1) False statement
2) Intentionally or recklessly included
3) Material to the finding of probable cause

Front 42

Searching automobile incident to lawful arrest

Back 42

1) Arrestee is unsecured and may gain access to vehicle;OR
2) Reasonable belief evidence of the offense for which the person was arrested is in the vehicle

Front 43

Plain view

Back 43

1) Police legitimately on premises
2) Discover evidence, fruits, instrumentalities, or contraband
3) Plain view
4) Probable cause to believe it is evidence

Front 44

Stop and frisk

Back 44

1) Articulable and reasonable suspicion
2) Frisk only if reasonable belief suspect is armed

Front 45

Public school searches

Back 45

1) Moderate chance of finding evidence
2) Measures reasonably related to the objectives of th search
3) Not excessively instrusive in light of age and sex of student and nature of infraction

Front 46

Wiretapping/eavesdropping warrant

Back 46

1) Probable cause
2) Named suspects
3) Conversations to be heard described with particularity
4) Short duration
5) Terminated when information obtained
6) Return made to court showing conversation intercepted

Front 47

6A right to counsel

Back 47

1) Critical stages of prosecution after judicial proceedings have begun
2) Deliberately eliciting incriminating statements after D has been charged

Front 48

Incompetent to stand trial (due process standard)

Back 48

1) lacks a rational as well as factual understanding of the charges and proceedings; OR
2) Lacks sufficient present ability to consult with his attorney with a reasonable degree of understanding