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15 Cards in this Set
- Front
- Back
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What is the distinction between voluntary manslaughter and involuntary manslaughter?
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VM is the the intentional killing of another under the influence of a reasonably induced emotional disturbance
IM- is an unintended homicide where (1) there is an nlawful killing in the commission of an unlawful act not amounting to a felony or (2) in the commission of a lawful act without due caution or circumspection. |
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If I have an unintentional killing, what are the 2 things it could be?
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1. Depraved Heart Murder
2. Involuntary Manslaughter The difference is the D's conduct. If reckless, its 1. If its negligent, its 2. |
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In a company, who can commit larceny and who can commit embezzlement?
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Lowlevel employees commit larceny, high level employees commit embezzlement
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What must exist in order for someone to be guilty of receiving stolen property?
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The D must know that the property is stolen at the time when the property comes into his/her possession.
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What is the general rule on if I am acquited of a lesser included offense and then they want to try me for a greater offense?
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Attachment of jeopardy for a lesser included offense bars retrial for the greater offense.
An exception exists where the state is unable to proceed on the more serious charge at the outset because additional facts necessary to sustain that charge have not yet occurred. |
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What is the traditional view about liability for attempt when there's legal impossibility about the principal offense?
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No liability.
Modern view says yes. |
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What are 5 commonly tested "depraved-heart" murder scenarios?
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1. Firing a bullet into a room occupied, as the defendant knows, by several people
2. Shooting into a moving automobile, necessarily occupied by human beings 3. Throwing a beer glass at one who is carrying a lighted oil lamp. 4. Playing a game of "Russional Roulette" with another person 5. Shooting at a poitn near, but not aiming directly at, another person |
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Spring gun = _____
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Murder
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Under the majority rule, do you have a duty to retreat in order to use the crime of self-defense?
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No. And even in those jurisdictions that do, you don't have to retreat in your own home.
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Can threating words alone make you liable for assault?
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No. Threatening words alone, without any overt act to carry out the threat or indecent proposals by a man to a woman, not accompanied by any attempt to carry them out without her consent, will not suffice.
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For a general intent crime, when is a mistake of fact a defense?
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When it is reasonable.
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If I am going to be imprisoned for any length of time, what I am entitled to?
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Counsel
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How should you remember double jeapordy?
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The double jeopardy provision of the 5th amendment provides that no person shall be "twice put in jeopard" for the "same offense". According to the prevailing view it has been held that 2 crimes are not the same offense merely because they arose out of the same transaction..
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Does the 4th amendment (prohibition against unreasonable searches and seizures) protect against searches by private persons?
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No.
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When is electronic surveillance and wiretapping violative of the 4th amendment?
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When it violates a reasonable expectation of privacy
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