Mnemonics- Criminal Law

Front 1

11 Specific Intent Crimes

Back 1

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

S- Solicitation
C- Conspiracy
A- Attempt
F- False Pretenses
A- Assault
L- Larceny
E- Embezzlement
F- Forgery
R- Robbery
B- Burglary
F- First Degree Premeditated Murder

Front 2

Common law larceny

Back 2

Thieves Took Carmen's Purse and Issaic's Portfolio

T- Tresspassory
T- Taking
C- Carrying Away the
P- Personal Property
A- of Another
I- Intent
P- Permanently Retain the property

Front 3

Types of Larceny

Back 3

FLEET

F – False pretenses
L – Common law Larceny (TIP)
E – Embezzlement
E – Extortion
T – Larceny by Trick

Front 4

Unprotected Items under the 4th Amendment

Back 4

Patty Achieved A Glorious Victory Over Her Opponents

P- Paint Scrapings on the Outside of your car
A- Account records held by a bank
A- Air space: anything that can be seen below while driving in public airspace
G- Garbage left on the curb

V- Voice (the sound of your voice)
O- Odors ( most importantly from your luggage or car)
H- Handwriting (style)
O- Open Fields: anything that can be seen in or across open fields
** All have knowing to third party exposure

Front 5

Felony Murder

Back 5

BRAKES

B- Burglary
R- Robbery
A- Arson
K- Kidnapping
E- Escape
S- Sexual Assault

Front 6

8 Exceptions to Warrant Requirement

Back 6

ESCAPIST

E- Exigent Circumstances
S- Search Incident to Arrest
C- Consent
A- Automobile
P- Plain View
I- Inventory
S- Special Needs
T- Terry “Stop and Frisk”

Front 7

Valid Wiretap Exception

Back 7

Screen Telephone Calls Carefully

S- Suspected person must be named
T- Time (limited)
C- Crime- probable cause crime was committed
C- Conversation- must state with particularity the conversations that are permitted to be overheard

Front 8

Common Law Mental States

Back 8

SI(2)M

S- Strict Liability (statutory rape, public welfare)
I- Intent (general) (generally aware - no specific result intent)
I- Intent ( specific) (List)
M- Malice ( murder and arson)

Front 9

NY Mental States

Back 9

SI (same 2 from SIM) + KNR

S- Strict Liability - no mental state
I- Intent- conscious desire to achieve a particular result
K- Knowledge- aware practically certain conduct will cause result
N- Negligence- should have been away of substantial and unjustifiable risk
R- Recklessness- aware and consciously disregard

Front 10

Defeats a Murder Intent

Back 10

HIS

H – Committed in the Heat of passion (HOP) or under extreme emotional disturbance
I – Insanity or infancy of killer
S – Self-defense or defense of others/justification (*if established it’s a complete defense)

Front 11

Can’t be sentenced to death for felony murder

Back 11

CUB

C – D didn’t Commit, command, or request the homicide
U – D was Unarmed AND
B – D had no reason to Believe another co-conspirator was armed or intended to engage in
conduct likely to result in death

Front 12

______ allows no reflection, but _______ does

Back 12

HOP; EED

Heat Of Passion; Extreme Emotional Disturbance

Front 13

In asserting justification, D can present evidence of a violent victim of

Back 13

D can RAT

R – Reputation
A – Violent Acts
T – Threats of violence against D

Front 14

Omissions

Back 14

DAK

D- Duty
A- Ability to Help
K- Knowledge

Front 15

Criminal Defenses

Back 15

WASP EVADES NICE MICE

W –Withdrawal from the crime (a.k.a renunciation)
A – Alibi
S – Self-defense/justification (ordinary defense in NY, affirmative defense in MBE)
P – Heat of Passion
E – Entrapment
V – Vague criminal statute
A – Bill of Attainder
D – Duress
E – Ex post facto criminal law
S – Statute of limitations
N – Necessity
I – Inoperable or unloaded gun (in NY, for burglary and robbery)
C – Claim of title or claim of right
E – Excessively broad penal statute
M – Legal or factual Mistake
I – Insanity, infancy or intoxication
C – CUB status as a defense to felony murder (NY)
E – Extreme emotional disturbance (NY)