Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
21 Cards in this Set
- Front
- Back
|
What is Common Law Murder?
|
unlawful killing that is neither justifiable or excusable with malice aforethought
|
|
|
What is malice?
|
NOT INTENT, but can be intent to kill, cause serious bodily injury, felony murder, or depraved hear.
|
|
|
What is depraved heart?
|
actor disregards an un reasonably high risk of harm to human life
|
|
|
what is after intentional murder?
|
Voluntary Manslaughter
|
|
|
what changes intentional murder to voluntary manslaughter?
|
sufficient provocation
|
|
|
What qualifies as sufficient provocation?
|
enough to anger a person and cause a reasonable person to kill. (no cool off time)
i.e. "heat of passion" killing |
|
|
3rd tier of killing?
|
Involuntary manslaughter
|
|
|
what are the 2 types of involuntary manslaughter?
|
Criminal Negligence
Misdemeanor manslaughter |
|
|
what is Criminal Negligence?
|
D ignores a risk of harm to human life that is less than that of a depraved heart murder
|
|
|
What is Misdemeanor Manslaughter?
|
misdemeanor equivalent of felony murder
ex. man drives car to woods and fires shotgun into apparently abandoned log cabin and shoots and kills a homeless squatter on the property that was not visible to D. |
|
|
What is Burglary?
|
the breaking and entering of the dwelling house of another with the intent to commit a felony therein
|
|
|
What is Larceny?
|
a trespassory taking and carrying away of the personal property of another with the intent to steal it.
|
|
|
What is Robbery?
|
Larceny from a person that is done by force or fear
|
|
|
Warrantees Searches
|
1. search incident to arrest
2. inventory searches 3. exigent circumstances 4. plain view doctrine 5. automobile searches 6. consent searches 7. stop and frisk searches |
|
|
when does the 4th Amendment apply?
|
only when search and seizures are conducted by the police or agents acting under the direction of the police.
|
|
|
When is Miranda required?
|
only when police intend to conduct a custodial interrogation. (D not free to leave)
|
|
|
what is required for criminal liability?
|
Causation - D conduct must be the cause of victims injury
|
|
|
What is the D's best defense or Prosecutor's best argument
(strategy/approach)? |
1. does it apply to the facts
2. is it legally correct 3. does it involve a central issue that will result in the conviction or acquittal |
|
|
When is Miranda required?
|
only when police intend to conduct a custodial interrogation. (D not free to leave)
|
|
|
what is required for criminal liability?
|
Causation - D conduct must be the cause of victims injury
|
|
|
What is the D's best defense or Prosecutor's best argument
(strategy/approach)? |
1. does it apply to the facts
2. is it legally correct 3. does it involve a central issue that will result in the conviction or acquittal |
