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;
26 Cards in this Set
- Front
- Back
|
forcible, warrantless entry
|
only allowed if an emergency!!
absent an emergency, a forcible warrantless entry into a residence |
|
|
warrant on its face
|
must describe with reasonable precision the place to be searched and any items to be seized
|
|
|
forcible, warrantless entry
|
only allowed if an emergency!!
absent an emergency, a forcible warrantless entry into a residence |
|
|
larceny, elements
|
(1) taking and carrying away
(2) the personal property of another (3) intent to permanently deprive the other of the property |
|
|
larceny + your own property
|
totally allowed.
if another person, such as a bailee, has a superior right to possession of the property at the time |
|
|
warrant on its face
|
must describe with reasonable precision the place to be searched and any items to be seized
|
|
|
conspiracy + other crimes committed
|
each conspirator may be liable for the reasonably foreseeable crimes of all other co-conspirators that were committed in furtherance of the conspiracy
|
|
|
larceny, elements
|
(1) taking and carrying away
(2) the personal property of another (3) intent to permanently deprive the other of the property |
|
|
willful, deliberate, or premeditated murder
|
requires an ACTUAL INTENT to kill
|
|
|
larceny + your own property
|
totally allowed.
if another person, such as a bailee, has a superior right to possession of the property at the time |
|
|
age fourteen + crimes
|
at common law, age 14 is the cutoff for youthfulness to be a factor
|
|
|
conspiracy + other crimes committed
|
each conspirator may be liable for the reasonably foreseeable crimes of all other co-conspirators that were committed in furtherance of the conspiracy
|
|
|
voluntary manslaughter
|
actor kills another person but acts in the "heat of passion" after "sufficient provocation."
|
|
|
willful, deliberate, or premeditated murder
|
requires an ACTUAL INTENT to kill
|
|
|
under common law, battery = adequate provocation
|
if as a result of battery, the D killed the V while in rage --> voluntary manslaughter
|
|
|
age fourteen + crimes
|
at common law, age 14 is the cutoff for youthfulness to be a factor
|
|
|
criminal attempt
|
an act that, though done with the intention of committing a crime, falls short of the completing that crime
** need to commit an act BEYOND MERE PREPARATION ** |
|
|
voluntary manslaughter
|
actor kills another person but acts in the "heat of passion" after "sufficient provocation."
|
|
|
probation + warrants
|
totally allowed to search a probationer's casa when there are reasonable grounds to believe contraband is present
probation = "special needs" exception |
|
|
under common law, battery = adequate provocation
|
if as a result of battery, the D killed the V while in rage --> voluntary manslaughter
|
|
|
due process + murder
|
if malice aforethought = an element of the crime, the state may not require the defendant to proce that he committed the homicide in the heat of passion
why? because heat of passion negates malice and in effect requires the defendant to disprove the element of malice (improperly shifting burden of proof to D) |
|
|
criminal attempt
|
an act that, though done with the intention of committing a crime, falls short of the completing that crime
** need to commit an act BEYOND MERE PREPARATION ** |
|
|
are co-defendant confessions = admissible?
|
generally, no
exceptions (1) all statements about the co-defendant can be eliminated (2) confessing D takes the stand and subjects himself to cross-examination with respect to the truth/falsity of the statement (3) confession of the nontestfying codefendant is being used to rebut the D's claim that his confession was obtained coercively in which case the jury is instructed as to the purpose of the admission |
|
|
probation + warrants
|
totally allowed to search a probationer's casa when there are reasonable grounds to believe contraband is present
probation = "special needs" exception |
|
|
due process + murder
|
if malice aforethought = an element of the crime, the state may not require the defendant to proce that he committed the homicide in the heat of passion
why? because heat of passion negates malice and in effect requires the defendant to disprove the element of malice (improperly shifting burden of proof to D) |
|
|
are co-defendant confessions = admissible?
|
generally, no
exceptions (1) all statements about the co-defendant can be eliminated (2) confessing D takes the stand and subjects himself to cross-examination with respect to the truth/falsity of the statement (3) confession of the nontestfying codefendant is being used to rebut the D's claim that his confession was obtained coercively in which case the jury is instructed as to the purpose of the admission |
