Please enable JavaScript.
Coggle requires JavaScript to display documents.
Criminal Law (Elements of crime (Mens Rea (C.L. -- Strict liability,…
Criminal Law
Elements of crime
Mens Rea
C.L. -- Strict liability, general intent, malice, specific intent
M.P.C. -- Negligently, recklessly, knowingly, purposely
-
Accomplice Liability
C.L. -- Principal in the first degree, principal in the second degree, accessory before the fact, accessory after the fact
-
Crimes involving persons
Homicide
Intended killings - 1. premeditation, deliberation, 2. provocation
Unintended killings - 1. intent to injure 2. reckless and negligent killings 3. felony murder 4. misdemeanor manslaughter
-
Defenses
- Insanity 2. Intoxication 3. Infancy 4. Mistake 5. Self-defense 6. defense of others 7. defense of property 8. duress 9. necessity 10. entrapment
Criminal Procedure
-
Exclusionary Rule
sanction against the state for violating an accused's constitutional rights; Fruit of the poisonous tree
Search and Seizure
4th Amendment - people should be free in their persons from unreasonable searches and seizure; Search - a gov't intrusion into an area where a person has a reasonable expectation of privacy; Seizure - gov't exercising control over a person or thing; Warrant based on probable cause; warrant exception
-
Double Jeopardy
Prohibits a person from being put twice in jeopardy of life or limb for the same offense by the same sovereign
Guilty Pleas
- Nature of charge 2. maximum authorized sentence and statutory minimum 3. right to plead not guilty and have a trial 4. defendant waiving right to trial