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18 Cards in this Set

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Murder
an unlawful killing of another that is neither justifiable nor excusable with malice aforethought.
Note
Malice does not mean intent
Depraved Heart
actor disregards an unreasonably high risk of harm to human life
Sufficient Provocation
if exists knocks the conviction from murder to voluntary manslaughter (heat of passion killing - no cool down)
Criminal Negligence
D ignores risk of harm to human life, but less than depraved heart
Misdemeanor Manslaughter
An accidental homicide that occurs during the commission of an unlawful act not amounting to a felony (or, at least, not amounting to felony that would trigger the felony-murder rule) constitutes involuntary manslaughter.
Larceny
a trespassory taking and carrying away of the personal property of another with the intent to steal it
Robbery
a larceny from a person by force or fear
Burglary
breaking and entering of the dwelling house of another, at night, with intent to commit a felony therein
Miranda kicks in when
Police conduct a custodial interrogation - suspect not free to leave
Causation
D conduct must cause the victim's injury, otherwise no criminal liability.
Best Defense Questions
1. Does the answer choice apply to the facts. 2 Answer choice a correct statement of the law 3. is the argument sufficient to acquit the D
if the statement says and the jury believes him then
treat the statement as fact
TIP
Always do a multiple murder analysis
Right To Counsel
Attaches at the initiation of adversarial proceedings: arraignment, and all critical states -- identifications
M'naughten Test
D is relieved of criminal responsibility upon proof that at the time of commission he was laboring under such a defect of reason from disease of the mind as to not know the nature and quality of what he was doing and if he did know, he did not know it was wrong
Disease of the mind includes all mental abnormalities - excessive use of drugs or alcohol will cause real insanity
Legal Impossibility
is a full defense to any crime or attempted crime
unnamed person in a search warrant
may not be searched unless independent and reasonable suspicion arrises to justify the search, their mere presence is not enough