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9 Cards in this Set
- Front
- Back
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Under the "Open Fields Doctrine" areas OUTSIDE the "curtilage" (i.e. dwelling house and out buildings) ARE subject to police search as they are held out to be public and unprotected by 4A
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Building = part of the curtilage? Consider proximity to dwelling, steps taken to protect building from view. If part of curtilage, protected by 4A
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Police may NOT use technology (e.g. technological enhancements like thermal imaging) not available to the public when observing areas not observable by simply using the naked eye
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To assert a 4A right, a person must have a reasonable expectation of privacy wrt the areas being searched
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Under the principals of self defense a person who is without fault may use such force as reasonably appears necessary to protect himself from the imminent use of unlawful force upon himself
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The crime of common law battery can be established by showing that the defendant recklessly caused injury to the person of another
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Murder is the unlawful killing of a human being by MALICE AFORETHOUGHT
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Malice aforethought is any of the following states of mind: (i) intent to kill; (ii) intent to inflict great bodily injury; (iii) Awareness of an unjustifiably high risk to human life; (iv) intent to commit a felony
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A criminal attempt consists of (i) conduct that brings the defendant in close proximity to the completed offense, and (ii) intent to commit the completed crime.
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IOW, the D must have the INTENT to perform an act and obtain a result that would constitute the crime charged if achieved. Regardless of the intent required for the completed offense, an attempt always requires a specific intent. Thus, attempted murder requires the specific intent to kill another person, even though the mens rea for murder itself does not require a specific intent. So if you engage in an activity that has an unjustifiably high risk to human life ("abandoned and malignant heart") and your victim(s) die, you can be prosecuted for murder. But if they do NOT die, you can't be prosecuted for attempted murder because you lacked the necessary intent.
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Under the majority rule, conspirators can be convicted of both criminal conspiracy and the crime they committed pursuant to the conspiracy (i.e. there is no merger).
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However, with Solicitation there is merger--solicitation merges into the principal offense.
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Generally, an ACQUITTAL of the other party to a conspiracy precludes conviction of the remaining defendant.
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Exception: The rule does not apply when the other part is charged with a LESSER OFFENSE or is NO LONGER being prosecuted.
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There is no constitutional right to a jury of 12, but there must be AT LEAST 6 jurors to stafisfy the right to a jury trial under the 6A and the 14A.
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While there is no right to a unanimous verdict, SCOTUS has ruled that in 6 member juries, the voting must be unanimous.
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Serious offenses are those authorizing imprisonment of more than 6 MONTHS.
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If an offense permits a sentence of up to one year imprisonment, it is a serious offense for which the right to a jury trial applies.
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