Crimlaw -- Sunday

Front 1

Crim Law (MBE)

Elements of "False Imprisonment" AND "Kidnapping"

Back 1

1- False Imprisonment:
A- General Intent
B- The unlawful;
C- Confinement of another;
D- Without his consent
2- Kidnapping:
A- General Intent;
B- False Imprisonment; AND
C- D either:
(i) Moves the victim; OR
(ii) Conceals victim in secret place

Front 2

Pa Crim Law

Pa. has adopted which test for "insanity" (and define it)?:

Back 2

M'Naghten Rule -- burden on Def. to prove by preponderance of the evidence
**At the time of the commission of the offense, the actor was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if the actor did know the quality of the act, that he did not know that what he was doing was wrong.

Front 3

Pa Crim Law

Miscellaneous "Throw-In" Crimes (create reasonable elements):

Back 3

1- Recklessly Endangering Another Person (REAP);
2- Terroristic Threats;
3- Threat (to use) or possession of a weapon of mass destruction (i.e. a bomb or other explosive);
4- Causing or Risking Catastrophe;
5- Harassment;
6- Stalking;
7- Bribery;
8- Concealing the Death of a Child;
9- Endangering the Welfare of Children

Front 4

Pa Crim Law

Stratification of Criminal Homicide Offenses:

Back 4

1- Murder
(A) First Degree (intentional);
(B) Second Degree (felony murder); AND
(C) Third Degree ("depraved heart murder")
2- Voluntary Manslaughter (CL provocation AND imperfect insanity defense); AND
3- Involuntary Manslaughter (reckless/grossly negligent killing AND homicide by vehicle)

Front 5

Pa Crim Law

Theft by Unlawful Taking or Disposition

Back 5

A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof

Front 6

Pa Crim Law

Identity Theft

Back 6

A person commits identity theft when he possesses or uses the identifying information of another w/out consent to further an unlawful purpose

Front 7

Pa Crim Law

Computer Crimes (make up elements)

Back 7

1- Unlawful Use of a Computer;
2- Computer Trespass; AND
3- Distribution of a Computer Virus

Front 8

Crim Pro

(Pa. Con Law/ Fed. Con Law Important Distinctions)
**Remember, if any deviations, Pa. will be more generous to citizens' rights

Back 8

1- Automatic Standing to challenge const'lity of S&S by any D who is charged with a possession crime;
2- Canine Sniffs = searches
3- No "good faith" exception to exclusionary rule where cops execute defective warrant;
4- Cops cannot search auto incident to arrest when arrestees could not gain access to car
5- No random drug testing of students involved in activities; AND
6- No bus boardings for drug interdictions

Front 9

Crim Pro

Exceptions to Warrant Requirement

"ESCAPIST"

Back 9

1- Exigent Circumstances;
2- Search Incident to Arrest;
3- Consent;
4- Automobile Exception;
5- Plain View;
6- Inventory;
7- Special Needs; AND
8- Terry "Stop-n-Frisk"