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37 Cards in this Set
- Front
- Back
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Felony Murderes is 1st degree murder and results in innocent victim dying during a commission of dangerous crimes BARRK |
-Battery -Arson -Rape -Robbery -Kidnapping |
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Requirements for Burglary BEDONI |
Breaking Entry Dwelling Of another Nighttime with Intent to commit a larceny or felony |
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General Intent Crimes
RABID |
-Rape -Arson -Battery -Involuntary manslaughter -Depraved heart murder |
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No Duty to act Except SCRAP |
-Statute -Contract -Realationship -Assumption -Paril |
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Warrant requires what to be issued: PIMPS |
-Probable cause -Impartial Magistrate -Particularity, what they are looking for -Standing, state is the actor |
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Exceptions to warrant requirement: BACH'S PIES |
-Border searches internation -Automobile exception -Consent -Hot pursuit -Search incident to lawful arrest -Plain view -Incident to a lawful arrest -Exigent circumstances -Stop and frisk |
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Right to counsel starts: I Put A Frog In Mom's Sandal |
-Indictment, decion to bail -Preliminry hearing -Arraignment or appeals to a matter of right -Felony trails -Interrogations -Misdermeanors where imprisonment is actually imposed -Sentencing |
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Warrant is required when: |
-Non emergency arrest, in a private home -A misdemeanor arrest outside the presents of an officer. |
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Murder elements |
unlawful killing Of a living human being Without justification, excuse, or mitigation, and With the intent by voluntary act To cause death or great bodily injury to the victim, or In The face of an awareness of an unjustifiably high risk to human life or intent to commit another felony, Any of which directly cause the death of the victim |
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First degree murder |
Premeditation and deliberation intent to kill without justification, excuse, or mitigation |
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Second degree murder |
Recklessness homicide committed in the course of actions objectively known to be grossly or criminally negligent Intent to commit serious harm resulting in death Catch all for all other murders not a first degree. |
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Involuntary manslaughter |
unintentional homicide Without malice aforethought Caused by either criminal negligence or recklessness |
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Assault Elements |
1. Threatening conduct 2. with the specific intent 3. to cause reasonable apprehension 4. of imminent harm to the victim |
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Attempt Elements |
1. Specific intent to bring about a criminal result 2. plus a significant overt act in furtherance of that intent. an attempt of a general intent crime, is a specific intent crime. ie attempt rape. |
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Solicitation |
- D entices, advises, encourages, order or requests another to commit a crime Felon or serious crime crimes solicited need not be committed to be criminally liable merges to conspiracy and attempt |
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Pinkerton Rule |
Any foreseeable consequence of a conspiracy, you will be held liable for other crime |
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Self- defense |
if a person reasonable believes that they are in imminent harm of bodily harm |
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M'Naughten Rule |
D proof @ time of a commision of the act, that he was labering under such defect D as not known the nature and quality of the act he was doing OR if he did know he did not know what he was doing was wrong |
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M'Naughten Plus Rule |
Irresistible impule test D has mental disease which keeps him from controlling his conduct |
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Durham Test |
If unlawful act was the product of mental disease or defect |
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MPC Test Insanity |
Substantial Capacity, not total incapacity |
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Right to Jury |
Serious offensives applies to states by 14th jailed for 6 months 6 people in jury if not capital crime in capital case then 12, 9-3 verdict for states, and 12 for federal |
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Speedy Trial PRICE |
Prejudice Reason for the delay Incarcerated, whether D was during the day Charge, serverity of the Extent of the delay |
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Kidnapping |
1. Unlawful confinement of another person 2. accompanied by either the moving or secreting away that person |
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Conspiracy |
two guilty minds to commit a crime and an intent to achieve the criminal objective MPC: only need one guilty mind Can be guilty of conspiracy and complete crime If 2 people are charged with conspiracy and one is found not guilty then the other person is not guilty. However, if only one person if charged then no problem. |
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When jeopardy attach |
1. Once a jury is impaneled and sworn to a case 2. in bench trial, once the 1st witness is sworn or 3. once the D pleads guilty and the court accepts |
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Embezzlement |
1. Fraudulent 2. Conversion 3. of property 4. of another person in lawful possession of that property ex: pawn shop selling an item before sell time is up |
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Larceny |
1. Trespassary taking 2. carrying away 3. of personal property 4. of another 5. w/ intent to permanently deprive of the known person of that interest can become robbery, but not both |
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Miranda Voluntary |
Volunteered statement of any kind allowed Mental state will not be considered |
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Misdemeanor manslaughter |
Killing occurs as a result of or during a misdemeanor or a felony, not a felony of felony murder. |
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False Pretenses |
1. obtaining TITLE 2. to property of another 3. by an intentional false statement 4. of past or existing fact w/ intent to defraud |
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Robbery |
1. Trespasser taking 2. personal property 3. of another 4. from the person 5. by force, fear, or intimidation 6. w/ intent to permanently deprive Larceny + assault |
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Larceny by trick |
Larcey but not title obtains possession but not title |
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Arson |
Malice burns or charring burning of doweling of another. |
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Burglary |
1. Breaking "no force required" 2. Entering 3. Dwelling of another 4. of another 5. @ night time 6. w/ intent to commit a larceny or felony therein. Larceny does not merge into burglary |
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Wharton Rule |
If two or more people are required for a crime then there is no conspiracy. |
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Robbery |
Taking and carrying away of the personal property of another from the other's person by immediate threat, fear, intimidation, force, violence, death, or physical injry to the victim or someone in his presense with the specific intent to permanently deprive them. |
