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20 Cards in this Set
- Front
- Back
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Deliberate and premeditation requires...
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some time of cool reflection on the idea of killing
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2nd degree - how?
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some mitigating factor that would lower/reduce the crime
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Common law murder
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requires malice aforethought and unlawful killing of a human being:
Malice: 1) the intent to kill 2) the intent to inflict great bodily injury 3) reckless indifference to an unjustifiably high risk to human life; or 4) the intent to commit a felony |
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Voluntary manslaughter
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intentional killing committed under the duress of an adequate provocation, and it requires:
1) a provocation sufficient to arouse the sudden and intense passion in the mind of an ordinary person such as to cause him to lose self-control; 2) the D to be in fact provoked; 3) insufficient time to cool off 4) the D did not in fact col off |
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Robbery
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the taking of personal property of another from the other's person or presence, by force or intimidation, w/ the intent to permanently deprive him of it.
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What must be provided when a person is under custody prior to interrogation?
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MIRANDA warnings - otherwise a violation of 5th's Self Incrimination rights
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5th Amend - right against self incrimination - protects...
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testimonial and/or communicative evidence, not real or physical evidence.
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MPC - insanity standard
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D is entitled to acquittal if he suffered from a mental disease or defect and as a result lacked substantial capacity to either:
1) appreciate the criminality of his conduct; or 2) conform his conduct to the requirements of law |
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Durham insanity test
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entitled to acquittal if his crime was the PRODUCT of mental disease or defect
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M'Naghten rule
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acquitted 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 |
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self defense - *horseshoe!!
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f a person has a reasonable belief that he is in imminent danger of unlawful bodily harm, he may, in self-defense, use a sufficient amount of force (deadly or non-deadly) that is reasonably necessary to prevent such harm, unless he is the aggressor. Deadly force is that which threatens death or serious bodily harm; non-deadly force threatens only bodily harm
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Knock and Announce Rule
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In executing a warrant, p/o must knock and announce their authority and purpose, and wait a reasonable time for an occupant to respond, except when there is reasonable suspicion, based on facts, that the annoucement would be dangerous or futile or would inhibit the investigation
**exclusionary rules do not apply to the rule. |
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Plain view
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applies when, p/o are:
1) legitimately on the premises 2) discover evidence, fruits or instrumentalities of crime, or contraband; 3) see such evidence in plain view; and 4) probable cause to believe that the item is evidence, contraband, or a fruit or instrumentality of crime |
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Double Jeopardizzle
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general rule - the right to be free of double jeopardy for the same offense bars a retrial for the same offense once jeopardy has attached in the first trial
*exception - when there is a mistrial, when requested by D |
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Exceptions to a warrantless search
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1) search incident to a lawful arrest;
2) the automobile exception; 3) plain view 4) consent 5) stop and frisk and other limited intrusions; 6) hot pursuit CAPS FAH |
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False Pretenses
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The statutory crime of false pretenses consists of a false representation of a present or past material fact by the defendant which causes the victim to pass title to his property to the defendant who knows his representation to be false and intends thereby to defraud the victim.
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Larceny by trick
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At common law, larceny was defined as the trespassory taking ("caption") and carrying away ("asportation") of the tangible personal property of another with the intent to permanently deprive the owner thereof. Larceny by trick is a form of larceny whereby the defendant obtains possession of the personal property of another by means of a representation or promise that he knows is false at the time he takes possession.
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Involuntary Manslaughter
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Involuntary manslaughter, sometimes referred to as "misdemeanor manslaughter," is an unintentional killing resulting without malice aforethought caused either by gross or criminal negligence (higher than that required for tort liability) or during the commission or attempted commission of an unlawful act
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What types of felonies constitute "inherently dangerous"? what is as felony murder?
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BARRK
Burglary, Arson, Robbery, Rape, Kidnapping. Felony murder is an unintentional killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony |
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Criminal battery v. civil battery
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Criminal battery is the unlawful application of force to the person of another which results in bodily harm or offensive touching. Unlike tortious battery, which requires intent to cause a harmful or offensive contact, criminal battery is a general intent crime.
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