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174 Cards in this Set
- Front
- Back
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Specific intent crimes
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Property offenses, inchoate crimes, 1st Degree Murder, Attempt
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Property Offenses
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Burglary, Robbery, Larceny
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Inchoate crimes
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Solicitation, Attempt and Conspiracy
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Two defenses to specific intent crimes
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Voluntary intoxication and "ANY" mistake of fact
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Malice crimes (common law)
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Arson and Murder
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General Intent crimes
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All those not specific intent or requiring malice-type mental state
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Elements required for commission of crime
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Actus Reus, Mens Rea, Concurrence of Actus Reus and Mens Rea, Causal connection, Harm
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Burglary (common law)
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Breaking and entering into the dwelling house of another at night with the intent to commit a felony therein
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Larceny (common law)
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Intentional taking and carrying away of the personal property of another with the intent to permanently deprive the person of the property
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Murder (common law)
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Intentional (premeditation or deliberation), intent to inflict serious bodily harm, Felony Murder - unintentional (BARRK), Depraved heart recklessness
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BARRK
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Felony murder crimes at common law: Burglary, Arson, Robbery, Rape, Kidnapping
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Involuntary Manslaughter (common law)
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Criminal Negligence
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Murder (common law) - umbrella definition
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Intentional killing of a human being with malice aforethought
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Malice, generally
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Can be found if D acts with an awareness of an unjustifiably high risk to human life
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When killing is always foreseeable
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When dealing with an armed and dangerous felon
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Attempt elements
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1) specific intent and 2) substantial step (conduct in furtherance of that intent)
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Voluntary intoxication as a defense
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Only for specific intent crimes, not for general intent crime
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Mistake of law
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Mistake of law is NO defense even if reasonable
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Mistake of fact
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Any mistake of fact is a defense to a specific intent crime. Only reasonable mistakes of fact are defenses to general intent crimes
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Aiding and abetting
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One who aids, counsels, encourages another in the commission of a crime and who is present when the crime is committed is generally guilty of aiding and abetting; Exception: members of a class sought to be protected by the statute that has been violated are exempt from liability
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Solicitation
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Committed the moment D asks or encourages someone to commit a crime; merger applies; note that when the solicitor advances far enough for the conduct to be an attempt, it merges into attempt and becomes an attempt
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Merger
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If predicate crime is carried out, solicitation and attempt merge; conspiracy does not merge
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Conspiracy
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Requires specific intent to enter into the agreement and intent to achieve the objective of the agreement, agreement between two or more, overt act, NO MERGER NB: mere preparation IS sufficient for an overt act.... An acquittal of one party to a conspiracy, means another party cannot be convicted of it. (note that it must be a full acquittal, not just the dropping of charges)
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Conspiracy liability
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All co-conspirators are liable for the foreseeable crimes that occur within the scope of the conspiracy
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Conspiracy withdrawal
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A valid withdrawal: an affirmative act notifying all members of the conspiracy and it must be done in time for them to have the opportunity to abandon their plans. Even after withdrawal, you can still be charged with conspiracy, just not the underlying crime
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Robbery
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Larceny plus assault; the taking must be from victims person or presence and by means of force or intimidation; note that larceny and assault are lesser included offenses of robbery
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Battery
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Reckless application of force upon another, resulting in either bodily injury or offensive contact; general intent crime
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Assault
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Attempted battery or placing another person in reasonable apprehension of bodily harm; specific intent crime
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TN Assault
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Both assault and battery are called assault; Person intentionally, knowingly, or recklessly causes physical harm (recklessness is enough) OR person intentionally or knowingly creates reasonable fear of bodily harm in someone's mind
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Arson at common law
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Malicious burning of the dwelling house of another (can be found either by intentional burning or reckless disregard for an obvious risk that the structure would burn)
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Embezzlement
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Fraudulent conversion of the personal property of another by a person in lawful possession with the intent to defraud; lower echelon employees are usually not going to be guilty of embezzlement, they will be guilty of larceny because these employees were not deemed to be in lawful possession of their employers property at common law
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Exclusionary rule
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Does not apply to grand jury proceedings; grand jury may consider any evidence available in determining whether probable cause exists to indict; this includes evidence that would be inadmissible at trial
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4th amendment claims
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To assert a fourth amendment claim, a person must have a reasonable expectation of privacy in the place searched or the person seized
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Expectations of privacy
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There is no expectation of privacy in objects or places held out to the public, or that may be viewed from a public vantage point; Home is highest expectation of privacy;
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Aerial surveillance over someone's home
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If no warrant, police may fly over a navigable eyestrip and peer down as far as the naked eye can see; they may not use technological advancements that are not available to the public
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Search requirements
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Probable cause and a warrant
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Probable cause
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Reasonable grounds for believing that a particular item of seizure is located at a particular place
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Aerial surveillance over business or a factory (Dow Chemical case)
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If no warrant, there is a lesser expectation of privacy than in home; special equipment ok;
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Aerial surveillance over open field
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Any unoccupied or undeveloped area outside the curtilage of one's home; there is no fourth amendment protection; no probable cause is needed to search; police can do whatever they want, climb fences, trespass, cut wires, etc.
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Search: exceptions to warrant requirement
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Consent, automobile, plain view, incident to lawful arrest, hot pursuit and exigent circumstances
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Automobile Exception
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If probable cause justifies the stop of a vehicle it justifies the search of the entire vehicle, including closed containers; note that search incident to lawful arrest does NOT extend to trunk, just passenger compartment
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Search incident to lawful arrest (gant)
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After arresting a person who was recently in an automobile, police may search the passenger area of an auto if they reasonably believe that evidence of the offense for which the person was arrested may be found in the car; also, ok if arrestee is unsecured and still may gain access
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Terry stop and frisks
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Person not in custody; police may stop a person without probable cause for an arrest if they have an articulable and reasonable suspicion of criminal activity; if cop believes person may be armed and dang, may conduct a protective frisk (limited to pat down of outer clothing for weapons, may reach into clothing and seize any item that officer reasonably believes based on plain feel is a weapon or contraband)
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Whether a seizure occurs
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Whether a reasonable person would believe he was free to leave (officer boarding a bus not a seizure if reasonable person would believe free to leave)
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Miranda
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5th amendment; custodial interrogations; does not apply to spontaneous statements not made in response to interrogation;
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Voluntary confessions
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Knowing and voluntary waiver of Miranda rights
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Oral statements caveat
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If D agrees to make statements orally but requests presence of counsel before putting anything in writing, those oral statements are not coerced and are admissible
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Massiah 6th amendment right to counsel
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Applies after formal charges have been filed; unless knowingly and intelligently waived; statements made in violation MAY be used to impeach D
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Affirmative defenses; burdens
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In criminal cases, state can shift burden of proof to D without violating his constitutional rights
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Double jeopardy
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Once jeopardy attaches, one may not be twice tried for the same offense; mistrials and hung juries are not final judgments; in jury trials, jeopardy attaches when jury is empaneled and sworn
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Double jeopardy Blockburger test
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Two crimes do not constitute the same offense, if each crime requires proof of an additional element that the other crime does not require, even though some of the same facts may be necessary (i.e. ABC and ABX ok, ABC and ABCD not ok)
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Right to a jury trial
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No constitutional right to a jury of 12, but there must be at least six jurors to satisfy the right to a Jury trial under the 6th and 14th amendments; you have a right to a jury trial when charged with offense authorizing imprisonment of greater than six months
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Unanimous verdicts
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No right to a unanimous verdict, however the supreme court has held that there must be a unanimous verdict if jury is comprised of six members
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Right to counsel in misdemeanor trials
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Only when imprisonment is actually imposed
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Can a corporation be guilty of a crime at common law
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No, because no mens rea. NB: Some jurisdictions have changed this by statute
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Officer's privilege - arrests without warrant
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Both an officer and a private citizen are privileged to use reasonable force when the officer has reasonable grounds to believe that a felony has been committed and that the person arrested has committed it
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Common law - arrests w/out warrants on misdemeanor charges
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NOT ALLOWED unless committed in officer's presence
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TN - Traffic stop - For broken taillight?
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Yes, in TN, a broken taillight gives a cop REASONABLE SUSPICION to initiate a traffic stop
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TN - Juvenile - Can a kid get life in prison w/out possibility of parole?
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NOT for a non-homicide crime!
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TN - DUI involving injury
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If you have a DUI involving injury or death in an accident, there will be a blood test without consent
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TN peremptories in criminal cases
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Death Penalty: 15 peremptories per side; Felonies - 8 per side; Misdemeanor - 3 per side; One additional peremptory per side per additional juror added
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SCOTUS - disclosure to lawful resident about implications of guilty plea
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Failure to advise a lawful permanent resident that a guilty plea would result in deportation was ineffective assistance of counsel (post-conviction relief granted); NB: FRE's amended - Before accepting a guilty plea: 1) Judge must inform D that plea may affect immigration or naturalization status AND 2) judge must determine whether D counsel has advised client of consequences
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Excluding the fruits of searches from defective warrants
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Normally, a search based on a defective warrant will not lead to excluded evidence if the officers acted in GOOD FAITH and reliance on a facially valid warrant. However, it is NOT good faith when: the affidavit underlying is so lacking in probable cause that no reasonable cop would have relied on it, the warrant is defective on its face (fails to state with particularity the place to be searched or the things to be seized), or the magistrate has wholly abandoned his judicial role
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How to commit larceny of your OWN property
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When someone else, a bailee, has superior right to possession at that time
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Scope of co-conspirator liability at common law
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Even if the co-conspirator did not have the sufficient mental state for accomplice liability, each conspirator MAY BE liable for the REASONABLY FORESEEABLE CRIMES of all other co-conspirators that were committed in furtherance of the conspiracy
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Scope of search warrants (people on premises not named in warrant)
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A search warrant does NOT authorize the police to search persons found on the premises who are not named in the warrant, UNLESS they have probable cause to believe that these persons have the named objects (warrant) on their person
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Warrantless searches of probationers' homes
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Do not violate 4th amendment; probationer has a diminished expectation of privacy and the govt has a heightened need for searching probationers
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Shifting the burden with respect to insanity defenses
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OK. Insanity is an AFFIRMATIVE DEFENSE. It is constitutional to impose the burden of proof on the D. Fed Cts require clear and convincing evidence, many jurisdictions allow preponderance and SCOTUS recently OK'd a beyond a reasonable doubt standard
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Allowing statements of co-conspirators against D
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Generally, 6th amendment prohibits this (confrontation). However, as an exception, a statement by a co-conspirator MAY be admitted if: i) all portions of the statement referring to the other D can be eliminated (so there is NO indication of his involvement), ii) the confessing D takes the stand and subjects himself to cross with respect to the truth or falsity of what the statement asserts OR iii) the confession of the nontestifying co-conspirator is being used to rebut the D's claim that his confession was obtained coercively IN WHICH CASE the jury MUST be instructed as to purpose of the admission (limiting instruction)
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Mistakes of law (nuance)
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General rule: it is no defense to a crime that the D believed he wasn't doing anything illegal. However, it MAY be a defense if it negates a required mental state of the crime (i.e. the crime requires knowingly and the D doesn't know)
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When school searches are ok
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if they: 1) offer a moderate chance of finding evidence of wrongdoing, 2) the measures adopted to carry out the search are reasonably related to the objectives of the search and 3) the search is "not excessively intrusive in light of the age and sex of the student and the nature of the infraction"
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When a person may use deadly force
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to prevent the completion of a crime being committed if the crime is a "dangerous felony" involving risk to human life
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False Pretenses
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Obtaining title to the property of another by an intentional false statement of past or existing fact, with intent to defraud the other (specific intent)
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Accomplice liability
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An accomplice is one who, WITH THE INTENT that the crime be committed, aids, counsels, or encourages the principal before or during the commission of the crime. The accmoplice is responsible for the crimes he did or counseled AND for any other crimes committed in the course of committing the crime contemplated.
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Involuntary intoxication
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Intoxication is involuntary if it results from the taking of an intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice. Such intoxication is treated as mental illness, in which case, the D is entitled to acquittal if, because of the intoxication, the D meets the applicable test for insanity
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Four theories of insanity
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M'Naghten (Cognitive/Reason), Irresistable Impulse (Control), Durham (Product), MPC (Substantial Capacity)
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M'Naghten Rule
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A D is entitled to acquittal if a disease of the mind caused a defect of reason such that the D lacked the ability at the time of his actions to either: 1) know the wrongfulness of his actions; or 2) understand the nature and quality of his actions. NB: If a D suffers from delusions (false beliefs), it must be determined whether his actions WOULD HAVE BEEN CRIMINAL if the facts had been as he believed them to be.
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Two definitions of criminal assault
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1) attempted battery and 2) intentional creation, OTHER THAN BY MERE WORDS, of a reasonable apprehension in the mind of a victim of imminent bodily harm
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Larceny by Trick
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Larceny is the taking and carrying away of the personal property of another by trespass with intent to permanently deprive the person of her interest in the property. It must be done WITHOUT CONSENT. If the consent is gotten through misrepresentation of a past or existing fact, the consent is not valid. This is larceny by trick.
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Right to attorney under 6th amendment: Offense specific?
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Yes - must be invoked on each new offense
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Can you bring a separate civil action for an unreasonable search AFTER you have plead guilty to an offense?
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Yes - SCOTUS has said a guilty plea does NOT admit the legality of an incriminating search NOR does it waive the 4th amendment. D can plead guilty and still sue a cop for violating fourth amendment rights
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Burden on state
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Beyond a reasonable doubt in all cases, except possibly AFFIRMATIVE DEFENSES or JURISDICTIONAL FACTS to establish venue.
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Common law specific intent crimes
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Larceny, embezzlement, burglary, robbery, most assaults, all attempts; Defenses available: Voluntary intoxication and unreasonable mistake of fact
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Malice
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Requires showing of either intent or a depraved heart (super recklessness)
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Common law malice crimes
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Murder, Arson; NB: Voluntary intoxication and unreasonable mistake of fact are NOT available
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General intent requirements
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Intent, malice or recklessness - Need not intent act or result
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Common law GENERAL INTENT crimes
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Battery, rape, manslaughter
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TN Intentional
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Conscious object to engage in certain conduct or cause a certain result
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TN Knowing
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Aware conduct is of certain nature or circumstances exist and aware conduct reasonably certain to cause result
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TN Reckless
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Consciously disregards a substantial and unjustifiable risk; that disregard constitutes a GROSS DEVIATION from standard of caure
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What if no mental state is set forth in a statute?
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Recklessness is sufficient
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What happens if an act HASTENS a logical result
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It is still the proximate cause of an injury
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Accomplice liability
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Help or assist (encourage, entice, solicit) another person to commit a crime; Verbal assistance/encouragement IS sufficient, INTENT that the crime be committed; NB: No criminal liability if the alleged accomplice is a member of the class of people the statute is designed to protect
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Common law murder
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Unlawful killing of another human being with malice aforethought
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Malice for common law murder
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Intent to kill; intent to inflict serious bodily harm; awareness of extreme risk to human life (depraved heart); felony murder - death of another person during or in the course of flight from the commission of a felony
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First degree murder
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All killings that take place with premedittion and deliberation and killings occurring during the commission of certain dangerous felonies
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Second degree murder
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Person intends to inflict serious bodily harm and death results and person acts with a depraved heart mental state and death results
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Manslaughter
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Unlawful killing of another without malice aforethought
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Voluntary manslaughter
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Killing that takes place during the heat of passion after sufficient provocation
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Involuntary manslaughter
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Reckless killing of another (DUI)
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Misdemeanor manslaughter
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Killing that takes place during the commission or flight from commission of a misdemeanor (shoplifting and death results)
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TN 1st degree murder
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Premeditated and intentional killing of another (NB: No deliberation requirement); or killing of another while committing a dangerous felony (attempted murder, rape, arson, kidnapping, burglary, robbery, theft); or death resulting from a bomb or a destructive device
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TN 2nd degree murder
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Knowing killing of another (reasonably certain, but don't intend); or death resulting from unlawful distribution of illegal drugs if the drugs cause the death
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TN voluntary manslaughter
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Killing in the heat of passion with sufficient provocation to cause a reasonable person to behave in an irrational manner
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TN Reckless homicide
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Reckless killing of another
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TN criminally negligent homicide
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Negligent killing of another
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TN vehicular homicide
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Death resulting from operation of car while drunk or intoxicated; Death resulting from reckless operation of car; If DUI-related and person has prior DUI's, then it is aggravated
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Co-felon liability when cops get involved
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One co-felon is NOT criminally liable for death of another co-felon from resistance from victim or police
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Key to accessory after the fact
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Principal's crime must have been completed; must be tied to the specific crime!
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Overnight guests
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DO have a reasonable expectation of privacy
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Reasonable expectation of privacy
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Owned or has right to possession of place searched, the place WAS her home, whether or not owned OR had a right to possession or overnight guest of owner
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When felony murder rule ceases
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When felon has reached a place of temporary safety
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Assault (MBE)
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Either ATTEMPTED BATTERY or INTENTIONAL CREATION, OTHER THAN BY MERE WORDS, OF A REASONABLE APPREHENSION IN THE MIND OF THE VICTIM OF IMMINENTLY BODILY HARM
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Miranda problems
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If failure to warn was not purposeful, it may not be enough to exclude nontestimonial fruits
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Jail cells
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No expectation of privacy
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Arson at common law
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Malicious burning of dwelling of another
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Receiving stolen property
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Receiving possession and control of stolen property known to have been obtained in a manner constituting a criminal offense by another person with intent to permanently deprive the owner of his interest in the property
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What must cops do when attorney arrives at station
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Cops have no duty to inform D (if he hadn't requested the attorney in the first place; if the atty had been summoned by someone else, a relative)
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Death penalty in felony murder cases against accomplices
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SCOTUS has said you cannot impose death where D did not take or attempt or intend to take a life or intent that lethal force be employed
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Informants (police agents) u/c in jail cells
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Not a custodial interrogation, because D doesn't know he's talking to a cop
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Trick to false pretenses and larceny by trick
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No false statement if D simply doesn't correct a mistake of fact
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Aggravated assault
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assault involving either serious bodily injury or use of a weapon
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Grading of crimes in TN
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Misdemeanors A-C; Felonies A-E
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Common Law Kidnapping
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False imprisonment plus MOVEMENT or CONCEALMENT; movement or secretive must be secretive
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TN false imprisonment
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Knowingly confine person unlawfully so as to substantially interfere with their liberty
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TN kidnapping
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False imprisonment that exposes person to substantial risk of bodily harm (just risk is enough!)
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Common law rape
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Forced sexual intercourse by a man on a woman not his wife without consent
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TN rape
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Unlawful penetration with any of the following: Force or coercion; or No consent and knew or should have known no consent; Sexually neutral
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Aggravated rape
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Defendant aided by another person or weapon used or serious bodily injury results
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If actor has legal possession when he decides to take something, then...
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the crime is embezzlement
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If employee has a great deal of control over property (more than mere custody) and takes it, the crime is...
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embezzlement
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Most states have combined all three ____, _____ and ______ into the crime of theft
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Larceny, embezzlement and false pretenses
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TN Theft
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Actor, with the INTENT to DEPRIVE the owner of property, KNOWINGLY obtains or exercises CONTROL over the property without the owner's consent; need intent to deprive, but not a permanent deprivation as long as the deprivation diminishes the value or enjoyment of the property; Sanctions based on value of property <$500 is a misdemeanor
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Common law robbery
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The taking of personal property of another from the person or in their presence by force or intimidation with the intent to permanently deprive the person of the property
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TN robbery
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Intentional or knowing theft of property of another by violence or fear
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Aggravated robbery
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Robbery plus either use of a dangerous weapon (or something that looks like one) or results in serious bodily injury
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Especially aggravated robbery
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Robbery plus BOTH use of a deadly weapon and results in serious bodily injury (need to be close in time)
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Common law burglary
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Breaking and entering the dwelling house of another at night with intent to commit a felony therein
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TN Burglary (broader)
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without consent, enter any building (other than a home) with the intent to commit a felony, theft, or assault; Remain concealed in a building with the intent to commit a felony, theft or assault; enter any building and commit or attempt to commit a felony, theft or assault
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TN Aggravated burglary
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Burglary of a home
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TN Especially aggravated burglary
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Burglary and victim suffers serious bodily injury
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Common law arson
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Malicious burning of the dwelling house of another; malice crime, so INTENT or SUPERRECKLESSNESS required; need damage by fire not just smoke (charring!)
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TN Arson (broader)
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Knowing damage to any structure caused by fire or explosion
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TN Aggravated arson
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Person present in structure or firefighter or police suffer serious bodily injury
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Solicitation Common Law
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Asking another person to commit a crime with the intent to see them commit the crime; crime complete at time of asking; if person commits crime then solicitor liable for crime as an accomplice, but under doctrine of merger person is only liable of the actual crime, not solicitation
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TN solicitation
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same as common law
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Attempt common law
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Actor is guilty of attempt if actor has SPECIFIC INTENT to commit crime and EITHER behavior that puts defendant in close proximity to intended crime or substantial step toward completion; if crime completed attempt merges into crime; only guilty of crime committed
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TN attempt
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Specific intent to commit crime AND substantial step toward completion
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Common law conspiracy
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Agreement between two or more people to commit a crime; American courts added requirement that there be an overt act in furtherance of the conspiracy; specific intent; agreement can be implied from circumstances; need two potentially guilty parties (undercover cop is not one); withdrawal eliminates liability for future crimes, but requires communication of withdrawal to co-conspirators; Conspiracy does not merge with substantive offense
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TN Conspiracy
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Agreement betw two or more parties to commit crime and overt act in furtherance of conspiracy; Conspiracy can RENOUNCE conspiracy by withdrawing and preventing commission of the crime. This constitutes the defense of RENUNCIATION.
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TN DUI
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Drives or is in physical control of vehicle while intoxicated (drugs or alcohol); can be parked on side of road; presumed intoxicated if BAC is .08% or greater; Punishment - Class A misdemeanor 48 hours in jail and $350 fine IF .2% or greater, mandatory minimum. Second offense: 45 days mandatory minimum, state may forfeit your vehicle. Third offense: 120 days. Fourth offense: Felony
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Common law Mistake of fact
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Defense - If the D has made a mistake with respect to one element of crime, D MIGHT have a defense. Depends on mental state requirement. For a specific intent crime, mistake of fact is a defense if the mistake is unreasonable. For malice or general intent crime, only REASONABLE mistakes of fact are defenses.
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TN Mistake of fact
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Mistake is a defense if mistake or ignorance negates the culpable mental state of the crime; Intent crime - it is a defense even if unreasonable; For a crime requiring a KNOWING mental state, mistake of fact is a defense if it negates the requisite knowledge, even if the mistake is unreasonable; For a crime requiring only RECKLESSNESS, only if reasonable
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TN voluntary intoxication
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NOT A DEFENSE but evidence of intoxication is admissible to negate requisite mental state
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Self-defense - non-deadly
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Person can use non-deadly force in self-defense if person reasonably believes under attack
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Self-defense deadly force
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Person can use deadly force if the person reasonably believes they are under attack and threatened with immediate death or serious bodily harm EXCEPT when person was the ORIGINAL AGGRESSOR unless the person WITHDRAWS. Minority rule: Must retreat if possible before use of deadly force is justified (except in home)
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TN Self-defense
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No duty to retreat. If deadly force is used in home, business, or car, presumption exists that person reasonable believed under imminent threat of death or serious bodily injury
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Common law Defense of property
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Reasonable non-deadly force can always be used to protect property; Deadly force can NEVER be used to protect property alone (SAME IN TN)
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Insanity - Common law
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Did D know right from wrong; Known as M'naghten rule
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Insanity - MPC Modern
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Did D lack substantial capacity to appreciate wrongful nature of conduct or comform conduct to law
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TN Insanity
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Was D unable to appreciate the wrongful nature of conduct? D must prove by clear and convincing evidence. Expert cannot testify to ultimate issue on insanity. D bears burden of proof!
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Psychotropic drugs
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SCOTUS - D can be given psychotropic drugs to render D competent IF drugs are medically appropriate
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Infancy
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Rule of 7's. If under 7, no criminal liability; If 7-14, rebuttable presumption that child cannot form necessary mental state; 14+ = adult
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TN infancy
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Under 16, treated as juvenile; no criminal liability, only adjudicated delinquent; 16-18, both juvenile court and criminal court have jurisdiction; juvenile has original but can be transferred to criminal; For certain crimes (murder, rape, agg robbery, etc), a person of ANY AGE can be transferred to criminal court
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Duress
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D must establish that the crime was committed under threat of immediate death or serious bodily harm; cannot use for homicide
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TN Duress
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D must establish: crime was committed due to a well-grounded apprehension of death or serious bodily injury; Limitation: Harm avoided must outweigh harm inflicted (cannot break a leg to avoid having your finger broken)
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Entrapment (C/L and TN)
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A criminal design originated with law-enforcement officer and D was NOT pre-disposed to commit crime
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Death Penalty
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Not inherently cruel and unusual punishment. State statutory schemes MUST satisfy three-part test: 1) JURY must be given reasonable discretion to not give death penalty regardless of the crime committed, 2) JURY must be given a reasonable amount of information about the D upon which to make a decision, 3) JURY must be given guidance in the statute regarding the relevant factors to consider in making the decision
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TN death penalty factors
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14 aggravated factors vs. non-exclusive list of mitigating factors
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When death penalty CANNOT be imposed
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Rape (even of a child), D younger 18 at time of crime; Felony murder if D was ONLY AN ACCOMPLICE and did not INTEND that deadly force be used or was not reckless with regard to whether deadly force was used; To a retarded person
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Who decides punishment in TN
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THE COURT determines sentence in felony and misdemeanor cases, with TWO exceptions: Capital cases (jury); Also, only the jury can impose a fine of greater than $50 if a five over $50 is authorized by the statute. NB: If fine is mandatory this is not an issue. If there is a range, we need a jury
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TN Pre-sentence reports
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Prepared for judge in felonies, but is discretionary in misdemeanor cases. Judge can dispense with this if there is a plea bargain and the plea has been accepted by the court
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TN Sentencing factors
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For a judge to consider. These are statutory. Mitigating: Provocation, No injury, Minor role in crime w/ multiple parties, particularly old or young. Aggravating: Leader of crime, nature of crime, prior recrd
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When is a suspended sentence available
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A D is eligible for a suspended sentence or probation if the sentence imposed is for EIGHT YEARS or less. But a suspended sentence or probation is NOT allowed for the following crimes: Murder 1 & 2, Rape, Agg kidnapping, Agg robbery, Agg arson
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