Mbe Criminal Law

Front 1

Murder

Back 1

Unlawful killing with malice aforethought (mental state, which include the following:)
-intent to kill
-inktent to cause serious bodily harm
-extreme indifference to the value of human life (depraved heart/indifference)
- intent to committ a felony

Front 2

Manslaughter

Back 2

Unlawful killing WITHOUT malice aforethought:
-recklessly causing death (involuntary manslaughter)
-killing during the heat of passion after sufficient provocation (voluntary manslaughter)
-misdeameanor/ manslaughter rule (usually a wrong answer)

Front 3

Felony-murder

Back 3

-requires a felony independent of the killing
(if intended to injure somone, but they ended up dying, cannot be felony/murder)
-also assault with a deadly weapon cannot be a felony murder
See MSE 135

Front 4

Attempt crimes

Back 4

-state must establish a specific attempt to committ that crime (super recklessness would not count), and behavior that got the D in close proximity to the crime (substantial step)
MSE 49

Front 5

Reckless

Back 5

-extreme deviation from normal behavior
-usually seen in 'very drunk' behavior
MSE 38

Front 6

"knowingly"

Back 6

-knows, believes, or substantially certain the fact exists

Front 7

accomplice, accessory, aiding and abeting all used interchangeably

Back 7

-guilty if he helps another person committ a crime with the intent to have the crime take place (help through behavior or words of encouragement)
-he is convicted of crime committed
-can't convict someone under this theory if law was made to protect this class of individual (victim rule, such as statutory rape)

Front 8

Solicitation/conspiracy

Back 8

asking someone to committ a crime with the intent to have the crime committed
-conspiracy - agreement between 2 people to create an unlawful act

Front 9

Merger doctrine

Back 9

-attempt merges with solicitation, but not conspiracy

3 rules:
solicitation merges with conspiracy, attempt, and the completed crime
2-conspiracy does not merge with attempt or the completed crime
3-attempt merges with the completed crime

Front 10

Conspiracy

Back 10

5 rules:
1-agreement between 2 or more people to commit an unlawful act PLUS an overt act in furtherance of the agreement
2-co-conspirators are liable for conspiracy and all substantive offenses committed in furtherance of the conspiracy
3-a withdrawl from the conspiracy will get them off the hook from all crimes that take place after the withdrawal (but not conspiracy)
4-a successful withdrawl, D must give it up AND communicate it to ALL co-conspirators in time for them to change their plans

Front 11

Burglary

Back 11

-don't worry about if it took place at night unless specifically says it follows common law (hotel room counts) (burglary and robbery do not merge)
-robbery includes force or intimidation

Front 12

Self-defense

Back 12

-reasonably believe under attack and actions were reasonable
-(even if other party was original agressor, must show the above)

Front 13

Malice

Back 13

-can be estalished by intent or super reckless behavior
-if D makes mistake on a critical fact, it must be reasonable (burning wrong house
-voluntary intoxication not D
See MSE 109

Front 14

larceny/embezzlement

Back 14

-larceny is the taking and carrying away of personal property of another without consent with intent to permenantly deprive
-rules of thumb
1-theft by employee is larceny or embezzlement
2-if it states employee had custody, larceny is answer
3-if states employee had possession, embezzlement
4-if low level employee, with limited period of time, it's larceny
5-high level employee is embezzlement
(truck driver and cashier have custody)

Front 15

3 states of mind

Back 15

-specific intent
-malice
-recklessness

Front 16

Specific Intent

Back 16

-common law crime or in statutory definition
1-mental state must be established (reckless not enough)
2-if mistake was made (no intent), doesn't matter if reasonable or unreasonable
3-voluntary intoxication is a defense, but must be REALLY drunk
CRIME: assault, larceny, robbery, burglary, solicitation, conspiracy, attempt

Front 17

Malice

Back 17

1-mental state can be shown by intent or super reckless behavior
2-if D made mistake, it must be a reasonable one
3-voluntary intoxication is NOT a defense
CRIMES: murder, arson

Front 18

Recklessness

Back 18

1-intent or reckless behavior established
2-if D made a mistake, must be a reasonable one
3-voluntary intoxication is NOT a defense
CRIME: Manslaughter, battery, rape

Front 19

Rules for Search and Seizure (6-7 questions)

Back 19

1-D has a right to be free from unreasonable search in all areas in which he has a REP
2-REP in home, car, place of business, or personal effects and no REP in somone else's home, car, etc.. or any open field, even fenced, garbage, or any area open to public
-if D has no REP, he cannot complain about the search, no matter how unreasonable
3-search is reasonable if police have search warrant based on p/c or falls within exception to warrant requirement

MSE 143, 144, 127, 128,

Front 20

Confessions (3 questions)

Back 20

Presume it's admissible, unless
- involuntary
- no miranda
-once D has been charged, super right to counsel
ADMISSIBLE if none of these 3

Front 21

custody

Back 21

-when a reasonable person concludes they are not free to leave
-brief detention doesn't count
-only time Miranda needs to be given

Front 22

Burden of proof

Back 22

-state must prove each element of the crime beyond a reasonable doubt
-if D raises a defense (other than an element of a crime missing), the state may place the burden on D to prove by preponderance of the evidence
-this question always includes a jury instruction
See MSE 69

Front 23

Double jeopardy

Back 23

3 issues:
-when does jeopardy attach at first proceeding? (when jury sworn or in nonjury trial, when first witness on issue of guilt is sworn)
-if attached, are there exceptions? hung jury, appeals and new trial, mistrial which was not from P's misconduct (mistrial for manifest necessity), D acquitted
-what is meant by same offense
MSE 118

Front 24

Same offense

Back 24

- if 2 crimes, each require a proof the other does not
-crime 1 requires A,B,C
-crime 2 requires A, B, X
(not same offense)
OR - if crime 1 needs AB, and crime 2 ABC (same offense)

Front 25

Jury

Back 25

-6 person jury on criminal case must be unanimous
see MSE 54 for other jury rules

Front 26

Right to Counsel

Back 26

-felony cases
-misdemeanor cases where there's a jail sentence

Front 27

Remedy is generally suppression of evidence, EXCEPT when

Back 27

, if unreasonable, the evidence will not be suppressed when 1) police in good faith believe they have a valid warrant, 2) evidence can be used at any proceeding except trial on merits (sentencing, grand jury), 3) when evidence used to impeach the D has testified

Front 28

Occassions when search warrant NOT required:

Back 28

-SILA,
-consent,
-automobile (no warrant, but still need pc),
-plain view,
-lesser intrusion (no full scale search) and just need R/S---stop and frisk,
-true emergency
-when police make arrest, can search area around driver in car as SILA (can be any kind of arrestable offense) and the entire passenger area of car and unlocked glove compartment counts (but once driver under the control of the police, can only search car if have reason to believe something still in auto
-cannot search trunk of car in SILA (not in immediate control of the driver)
-police in legal search can seize any illegal item they encounter

Front 29

What's the exception of the felony murder rule that almost any death occurring in the course of a felony is felony murder?

Back 29

Majority rule is that felony murder does not apply to killing of a co-felon by a police officer.

Front 30

Intent to permanently deprive includes what actions?

Back 30

Action that would create a substantial risk of loss sufficient to find intent to permenantly deprive.

WATCH: Borrowing a car and just driving it is not enough.

Front 31

Does doctrine of transferred intent apply to attempt crimes?

Back 31

No. If attempt to kill person, but then accidently injure someone else, guilty of attempt of original person intended to kill. (though if attempting to murder someone and kill someone else, murder transfers)

Front 32

Under what circumstances can a glove compartment be searched?

Back 32

- officer has r/s driver was dangerous
-offer arrest driver, impounds car, then conduct an inventory search
-officer has p/c to believe car had narcotics

Front 33

When can a plea be attaqched after sentencing?

Back 33

-ineffective assistance of counsel (if but for the counsel's erros, D rpoubably would not have plead guilty

Front 34

Can a defendant who plead guilty bring civil claims challenging the constitutionality of a search?

Back 34

Yes. Under the 4th amendment, a guilty plea neither admits the legality or the incriminating search in civil damages action.

Front 35

Under double jeopardy, can you retry a defense on a conviction that has been reversed on an appeal for an offense more serious than for what she was convicted of during the first trial?

Back 35

No. Retrial for a more serious offense, EVEN if 2nd conviction ends up being no more serious than the first conviction.

Front 36

Guilty Plea

Back 36

can be waived if judge forgot to offer jury trial

Front 37

False Pretenses

Back 37

specific intent -misrepresentation to prompt victim to convey title (unlike larceny by trick where POSSESSION is obtained by misrepresentation