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Criminal Law and Procedure (Defenses (Intoxication (Involuntary,…
Criminal Law and Procedure
Elements of crime
Mens rea
Common law MR
Strict liability
General intent
Malice
Specific intent
Atempt; Frequently tested
Transferred intent
Model penal code MR
Negligently
Recklessly
Knowingly
Purposely
Actus reus
Physical or external component
Voluntary act OR the omission to act that violates a legal duty
Accomplice liability
Common law
Principal in the first degree
Principal in the second digress
Accessory before the fact
Accessory after the fact
Inchoate crimes
Solicitation
Asking or encouraging someone to commit a crime
Intent to commit that crime
Conspiracy
An agreement to commit an unlawful act
Specific intent to achieve the object of the agreement
Withdrawal: CR and PC differ
Attempt
CL
Act with a dangerous propensity towards completion of the crime
MPC
Substantial step beyond mere prep towards completion of the crime
Defenses
Self-defense
Defense of others
Mistake
Defense of property
Infancy
Duress
Intoxication
Involuntary
Voluntary
Necessity
Insanity
Entrapment
Crimes involving persons
Homicide
CL
Unlawful killing
Malice aforethought
Intent to kill
Intent to inflict serious bodily injury
Gross recklessness
Felony murder
Manslaughter
Voluntary
Involuntary
Crimes involving property
Embezzlement
False pretenses
Larceny
Robbery
Burglarly
Exclusionary Rule
Doctrinal exceptions
Found not to be fruit of the poisonous tree
Procedural exceptions
Search and seizure
Warrant or warrant exception?
Execution of warrant proper?
Search or seizure?
Valid warrant
Probable cause, and a crime has or is being committed
OR there is evidence of criminality
Particularity
Oath of affirmation
Detached and neutral magistrate
Warrant exception
Plain view
Consent
Exigent circumstances
Automobile search
Search incident to lawful arrest
Car
Inventory
Terry
Standing to protest?
State action?
Evidence suppressed?
Double Jeopardy
When jury sworn in
When first witness sworn in
Unconditional plea acceptance
Privilege against self-incrimination
Custodial interrogation
Testimony under oath
Confessions
Warnings given?
Invoke right to counsel?
Interrogation?
Waive rights?
Custody?
Guilty pleas
Nature of charge
Max sentence and stat min
Right to plead not guilty and a trial
D waiving right to trial