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39 Cards in this Set
- Front
- Back
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The traditional M’Naghten rule provides that a defendant is entitled to an acquittal if the proof establishes that:
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Elements: a) A disease of the mind b) Caused a defect of reasonc) Such that the defendant lacked the ability at the time of his actions to either:(1) Know the wrongfulness of his actions; or(2) Understand the nature and quality of his actions.
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Mistake or Ignorance of Fact
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ignorance or mistake as to a matter of fact will affect criminal guilt only if it shows that the defendant did not have the state of mind required for the crime.: 1)Malice and General Intent Crimes—Reasonableness Required; 2) Specific Intent Crimes—Reasonableness Not Required; 3) Strict Liability Crimes—Mistake No Defense
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Felony Murder (and Related Matters)
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As the definition of malice aforethought above makes clear; a killing—even an accidental one—committed during the course of a felony is murder. Malice is implied from the intent to commit the underlying felony
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Malice aforethought” for common law murder can be satisfied by
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(i) the intent to kill; (ii) the intent to inflict great bodily injury; (iii) a reckless indifference to an unjustifiably high risk to human life; or (iv) the intent to commit a felony. The intent to kill is deemed to be “express malice;” whereas in the other three; malice is implied. Although “implied;” those three states of mind also satisfy the malice requirement for common law murder.
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Aggravated Kidnapping
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: 1)Kidnapping for Ransom; 2) Kidnapping for Purpose of Commission of Other Crimes; 3) Kidnapping for Offensive Purpose; 4) Child Stealing
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Robbery Elements
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Robbery consists of the following:(i) A taking;(ii) Of personal property of another;(iii) From the other’s person or presence;(iv) By force or intimidation;(v) With the intent to permanently deprive him of it.
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Common Law Burglary Elements?
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burglary was the breaking and entry of the dwelling of another at nighttime with the intent to commit a felony therein. (Modern statutory law has changed these requirements.)
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When is a finder of lost property guilty of larceny?
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Larceny requires that at the time of the taking; the defendant must have the intent to permanently deprive the person of the property.: 1)A finder of lost property may be guilty of larceny if he (i) knows the owner’s identity or has reason to believe he can find it out; and (ii) at the moment he takes possession of the lost property, has the intent necessary for larceny
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Larceny consists of
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(i) A taking;(ii) And carrying away (asportation);(iii) Of tangible personal property;(iv) Of another;(v) By trespass;(vi) With intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.
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Examples of things held out to the public (no 4th A expectation of privacy)
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the Supreme Court has held a person does not have a reasonable expectation of privacy in the following things held out to the public:(i) The sound of one’s voice;(ii) The movement of one’s car on a public road (even if detection of movement requires use of a tracking device placed on the car);(iii) Account records held by a bank;(iv) One’s handwriting;(v) The paint on the outside of one’s car; and(vi) Magazines one offers for sale.
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Generally; for a search to be valid; it must…
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be pursuant to a warrant issued by a neutral and detached magistrate and based on probable cause to believe that seizable evidence or fruits of a crime will be found on the premises to be searched.
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A search of the interior of an automobile incident to arrest may be performed only if…
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the arrestee is not secured or if the police have reasonable suspicion that the automobile harbors evidence of the crime for which the arrest was made.
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Public school searches
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Public school searches by school officials need NOT be based on probable cause. Rather: 1)(i) The search must offer at least a moderate chance of finding evidence of wrongdoing;(ii) The measures adopted to carry out the search must be reasonably related to the objectives of the search; and(iii) The search must not be excessively intrusive in light of the age and sex of the student and nature of the infraction
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When does a df have a constitutional right to counsel?
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A defendant has a constitutional right to representation of counsel at the following critical stages:1. Post-indictment interrogation whether custodial or not;2. Preliminary hearings to determine probable cause to prosecute;3. Arraignment;4. Post-charge lineups;5. Guilty plea and sentencing;6. Felony trials;7. Misdemeanor trials when imprisonment is actually imposed or a suspended jail sentence is imposed;8. Overnight recesses during trial;9. Appeals as a matter of right; and10. Appeals of guilty pleas and pleas of nolo contendere.
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Compare Use and Derivative Use Immunity and Transactional Immunity.
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: 1)Transactional immunity guarantees immunity from prosecution for any crimes related to the transaction about which the witness testifies.; 2) Use and derivative use immunity allows the witness to be prosecuted if the prosecutor can show evidence was derived from a source independent of the immunized testimony.
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When does attachment of jeopardy does not bar retrial?
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Attachment of jeopardy does not bar retrial for murder if the victim dies after jeopardy attached to a battery charge.The Fifth Amendment privilege protects testimonial or communicative evidence. For a communication to be considered testimonial; it must explicitly relate a factual assertion or disclose information. Writing down one’s bank accounts would disclose information and thus be considered testimonial; permitting the person to raise the privilege.(i) Manslaughter if jeopardy attached to a murder charge,(ii) Armed robbery if jeopardy attached to a felony murder charge, or(iii) Robbery if jeopardy attached to a theft charge.
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Can government force disclosure of a Blood Sample? What about bank accounts?
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The Fifth Amendment privilege protects testimonial or communicative evidence. For a communication to be considered testimonial; it must explicitly relate a factual assertion or disclose information. Writing down one’s bank accounts would disclose information and thus be considered testimonial; permitting the person to raise the privilege.A prosecutor can comment on a Df's failure to testify; when the Df claims she was no allowed to explain her side of the story.
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When can a prosecutor comment on a Df's failure to testify?
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A prosecutor can comment on a Df's failure to testify; when the Df claims she was no allowed to explain her side of the story. Wife (i) murders husband - by using an innocent intermediary (not reckless disregard); (ii) attempts to kill mistress - Sp. Itt. + Act close to completion
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Wife gives gun to kid. Tells kid it isn't loaded and to go point it at her aunt (the mistress) and shoot as a joke. Kid misses mistress; kills husband. What charges?
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Wife (i) murders husband - by using an innocent intermediary (not reckless disregard); (ii) attempts to kill mistress - Sp. Itt. + Act close to completionWhen the dismissal was based on a technicality and did not go to the merits.
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When can you escape Double Jeopardy and retry a defendant for the same crime even though the jury was impaneled?
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When the dismissal was based on a technicality and did not go to the merits. No. Because once she knew it was stolen there was no criminally liability from a failure to act.
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Boyfriend gives mink coat; Girlfriend later finds out that it was probable stolen. Is she an accessory after the fact? Why?
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No. Because once she knew it was stolen there was no criminally liability from a failure to act. No criminal liability. Involuntary manslaughter requires criminal negligence therefore he did not take a substantial and unjustifiable risk.
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Stagehand shoots actor as a practical joke. But the guns were switched and he kills him. What charge?
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No criminal liability. Involuntary manslaughter requires criminal negligence therefore he did not take a substantial and unjustifiable risk. No. Husband did not cause Wife's death. Poison might be dangerous enough to kill thus unjustifiably risking a human life.
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Husband tries to give his cancer stricken wife poison to jump start her immune system. Cause of Death is cancer. What's husband's best defense to murder?
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No. Husband did not cause Wife's death. Poison might be dangerous enough to kill thus unjustifiably risking a human life. Yes. Even though there was illegal police conduct. Witness' willingness to testify interrupts the "sufficiently direct link" between officer conduct and testimony.
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Police officer breaks in to a warehouse on a rumor and finds stolen goods; PO then interviews salesperson. Is the salesperson's testimony admissible?
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Yes. Even though there was illegal police conduct. Witness' willingness to testify interrupts the "sufficiently direct link" between officer conduct and testimony. Did not have intent to take the extra stuff when he broke in.
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LL holds tenants property. Tenant breaks in to retrieve his property but decides to take more stuff once inside. What is the best defense to burglary?
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Did not have intent to take the extra stuff when he broke in. No. Because the PO did not have a search warrant for the cabin.
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PO with warrant searches home but DF not there. Goes to df's cabin with arrest warrant; Df not there; PO finds contraband. Are the drugs admissible?
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No. Because the PO did not have a search warrant for the cabin.
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Df breaks in to borrow a TV set; neighbor does not expect him and has a heart attack. Is unforeseeability a defense?
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No. Self-Defense not available to an initial agressor. BUT - initial agressor regains defense if Majority hold death must be foreseeable. Minority hold felony must be malum in se. ; 2) BUT - the better defense is tht he never had the requisite intent for the underlying felony.
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Escalating Bar fight. Small spits on Large; who pulls a knife. Small shoots Large from the doorway. Self Defense? Best fact for prosecution?
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No. Self-Defense not available to an initial agressor. BUT - initial agressor regains defense if This is larceny by trick - consent was induced by a misrepresentationAttempt + communication of withdrawal. ; 2) fight escalates to deadly + no chance to retreat.
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Roommate forges telegram and pretends to be a courier giving the money to the Trust Fund baby in hospital. Embezzlement?
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This is larceny by trick - consent was induced by a misrepresentationFalse Pretenses - he 1) obtained title to the money 2) belonged to someone else 3) by intentional false statement 4) with intent to defraud. False Pretenses - occurs when someone obtains title to property by an intentional false statement.; 2) Embezzlement - fraudulent conversion of property by a person in lawful possession
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Employee forges his time cards so he can leave early; signs the card and paid for hours. What crime?
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False Pretenses - he 1) obtained title to the money 2) belonged to someone else 3) by intentional false statement 4) with intent to defraud. No. The Gv can seize funds (EG - drug money/property)NOT Embezzlement - never in lawful possession of funds.
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Does the government violate the 6th A if it confiscates funds intendedto pay an attorney?
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No. The Gv can seize funds (EG - drug money/property)Larceny by the "CONTINUING TRESPASS DOCTRINE" - property was taken with a wrongful state of mind BUT WITHOUT INTENT TO "permanently deprive"; intent formed later.
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Teenager on a joy ride - later decides to drive car off cliff. Burglary for taking the car? Larceny?
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Larceny by the "CONTINUING TRESPASS DOCTRINE" - property was taken with a wrongful state of mind BUT WITHOUT INTENT TO "permanently deprive"; intent formed later. : 1)Not - Burglary - which requires having the intent at the moment of the breaking.
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After a hold up - the clerk shoots the suspect with intent to wound BUT kills him instead. Self Defense?
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No. Rather an attempt to apprehend a fleeing victim privleging deadly force to apprehend a fleeing felon. : 1)Not self defense -
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Traffic Arrest of Driver: PO searches shopping bag belonging to Passenger. Searches trunk and finds Mariajuana. Can passenger object to the search?
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Passenger lacked standing: has no legitimate expectation of privacy in the trunk when car is searched.
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PO stops and frisks on an anonymous tip. Sees Df on corner talking to someone. Frisks; finds drugs. Admissible?
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No. The anonymous tip was insufficient probable cause to stop and frisk. Something more is required.
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when does an officer have probable cause to search incident to lawful arrest?
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Search incident to lawful arrest limited to the area within the suspect's reach if: 1)a reasonable person would deduce a crime occurred ANDThat defendant committed it.
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what does the 14th A protect against in the criminal procedure context?
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14th A Due Process prohibits an identification process that is: 1)Unnecessarily suggestive ANDWhere there is substantial likelihood of misidentification
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When is a confession admissible even though it violated D's 5th A rights?
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Even though inadmissible in the case-in-chief; a confession in violation of the 5th A is admissible to impeach.: 1)NOTE - if D invoked his right to counsel - the court must determine if D made a VOLUNTARY + INTELLIGENT WAIVER
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