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9 Cards in this Set
- Front
- Back
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What is larceny?
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It is when a person, with intent to deprive another of property, wrongfully takes such property from an owner.
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What is attempt?
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Attempt occurrs when an act is done with the intention of committing a crime, but the act falls short of completing the crime. Attempt requires an overt act beyond mere preparation for the offense. Factual impossibility is not a defense to attempt.
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What is burglary in the 2nd degree?
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When a person knowingly enters a building with intent to commit a crime, and when he or another participant is armed with a deadly weapon or causes physical injury to any person who is not a participant in the crime.
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Can an accomplice in an underlying felony be guilty of murder in the first degree if the accomplice did not share the requisite intent to kill the victim?
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No. Under nY law, without a showing of such intent on the part of the accomplice there can be no liability under that statute.
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What is felony murder?
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It occurs when a person, alone or with another, commits a specified felony and, in the course of the felony, he or another participant causes the death of a person other than a participant. It is not necessary to show that each participant in the felony had the requisite intent to kill in order to properly charge him with felony murder. It is simploy necessary that each felon have the intent to commit the underlying felony.
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How does one make an affirmative defense to felony murder?
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1. Did not commit or aid in the commission of the homicidal act
2. was not armed with a deadly weapon 3. Did not reasonably believe any of the other participants to be armed with a deadly weapon 4. Did not reasonably believe that any other participant intended to engage in conduct likley to result in death or serious phsical injury. |
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In order for a search warrant to be valid it must be...
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1. Issued be a neutral and detached magistrate
2. Be based on probable cause 3. Particularly describe the place to be searched and the items to be seized. |
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When you get probable cause from an informant....what must the search warrant application demonstrate?
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1. Reliability of the source
2. Basis of informer's knowledge |
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What do you need to wiretap somebody?
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It requires a valid warrant based on probable cause.
1. The warrant must state the names of the persons whose conversations are to be overheard 2. Descirbe with particularity the conversations that may be overheard. 3. Be limited in duration to no more than 30 days 4. Provide for early termination once the information sought is obtained. |
