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27 Cards in this Set

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M'Naghten Test
1 of 4 insanity tests. D must be acquitted if he has a disease of the mind that caused a defect of reason so that at the time of his actions he lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
cognition based
Murder
the unlawful killing of another human with malice aforethought
Malice aforethought
exists if D has any of the following states of mind:
1. intent to kill
2. intent to inflict great bodily injury
3. awareness of an unjustifiably high risk to human life
4. intent to commit a felony (limited in most states to dangerous ones), i.e., malice will be implied from the intent to commit the underlying felony
4 different mindsets
Voluntary manslaughter
intentional killing distingiushable form murder by the existence of adequate provocation (D must be acting under a provocation that would arouse sudden and intense passion in the mind of an ordinary person so as to cause him to lose self control with an insufficient time between provocation and the killing for the passions of a reasonable person to cool)
Adequate Provocation
D must be acting under a provocation that would arouse sudden and intense passion in the mind of an ordinary person so as to cause him to lose self control with an insufficient time between provocation and the killing for the passions of a reasonable person to cool
Involuntary manslaughter
Death is caused by D's criminal negligence (when a person fails to be aware of a substantial and unjustifiable risk that circs exist or that a result will follow, and such failure constitutes a substantial deviation from the std of care that a reasonable person would exercise under the circs. Reqs a greater deviation from the "reasonable person" std than is req'd for civil liability)
Criminal negligence
When a person fails to be aware of a substantial and unjustifiable risk that circs exist or that a result will follow, and such failure constitutes a substantial deviation from the std of care that a reasonable person would exercise under the circs. Reqs a greater deviation from the "reasonable person" std than is req'd for civil liability
Characteristics of a valid warrantless search
voluntary and intelligent consent by any person reasonably believed to have equal right to use or occupation of the property (note: just b/c cops can reasonably believe and/or get consent to search the premises doesn't mean they can search locked items/rooms on the premises if the person consenting is not the owner)
Legal duty to act
There is NONE generally, although a duty can arise by 1. statute,
2. contract,
3. close relationship bet victim and D,
4. vol assumption of care by the D,
5. or creation of the peril by the D
5 exceptions
Attempted murder
SPECIFIC INTENT CRIME. Reqs an actual intent to kill
Attempt
SPECIFIC INTENT - requires an act beyond mere preparation for the offense
Search after an arrest
Cops may make a warrantless search of D's personal effects as part of an established procedure incident to incarceration.
Statutory Rape
the crime of carnal knowledge of a female under the age of consent
Robbery
1. The taking of personal property of another
2. from the other's person or presence
3. by force or intimidation
4. with the intent to permanently deprive him of it
Assault
SPECIFIC INTENT. An attempt to commit a battery, or the intentional creation (other than by mere words) of a reasonable apprehension in mind of vic of bodily harm
Privilege against self-incrimination
Miranda rights. 1) rt to remain silent, 2) anything D says can be held against him, 3) rt to an atty, 4) if can't afford an atty, one will be apptd.

Pros is not allowed to comment upon the D's failure to testify at trial. 5th am outweighs the pros's right to comment on the state of evidence.
Fruit of the Poisonous tree
evidence obtained or derived from exploitation of illegally obtained evidence.

Note: Live witness evidence requires a more direct link with the taint than other potentially excludable evidence. Ct will consider the degree to which witness is freely willing to testify
Burglary
1. breaking and entering
2. of the dwelling of another
3. at night
4. with the intent of committing a felony therein
Larceny
1. taking and carrying away
2. of tangible personal property of another
3. by trespass (w/out permission)
4. with the intent of permanently depriving the person of his interest in the property
6 exceptions to the search warrant requirement
1. search incident to a lawful arrest
2. the auto exception
3. plain view
4. consent
5. stop and frisk (Terry)
6. hot pursuit, evanescent evidence, and similar emergencies
CAPASH
When can police make a warrantless seizure?
When they are
1. legitimately on the premises
2. discover evid, fruits, or instrumentalities of crime, or contraband
3. see such evid in plain view
4. have PC to believe the item is evid, contraband, or a fruit or instrumentality of crime
Exception to self-defense
general rule is one may use deadly force in self-defense even if the use of force could be avoided by retreating safely. EXCEPTION: does not apply to one who is the initial aggressor. Still, aggressor can regain defense either by 1) comm w/drawal to other person or 2) when other person suddenly escalates a minor fight into one involving deadly force
name general rule, then exception, then exception to exception
Self-defense defense
person may use deadly force in self-defense if
1. he is without fault
2. he is confronted with unlawful force, and
3. he is threatened with imminent death or great bodily harm
Larceny by trick
1. when victim consents to the D's taking possession of the property,
2. but such consent has been induced by a misrepresentation

Note: possession has greater rights than custody. Don't get confused.
False pretenses
1. obtaining title to the
2. property of another
3. by an intentional or knowing false statement of past or existing fact
4. with intent to defraud the other
Embezzlement
1. the fraudulent conversion
2. of property of another
3. by a person in lawful possession of that property
Arson
the malicious burning of a dwelling of another; reqs damage to the structure (right to occupancy, not ownership, is determinative)