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Criminal Law and Procedure (Law (defenses (mistake of fact (general intent…
Criminal Law and Procedure
Law
inchoate crimes (specific intent)
conspiracy
agreement to commit unlawful act
intent to commit act
majority (NOT common law)- overt act
withdraw
common law- notify co-conspirators, still liable for crime, not future crimes
MPC- withdraw + thwarting = defense
Impossibility is NOT a defense
attempt
solicitation
elements= asking/ encouraging + intent
merges into completed crime
impossibility is NOT a defense
defenses
Involuntary intoxication- defense to all elements- unaware of nature of substance
voluntary intoxication- defense for specific intent crimes, not general intent
mistake of fact
general intent- mistake must be reasonable
Specific intent- mistake does not need to be reasonable
strict liability- not a defense
self-defense-reasonable belief force is necessary to defend from imminent unlawful deadly force
Insanity
Common law- M'Naughten rule- unable to know right from wrong
MPC- substantial capacity to appreciate wrongfullness of conduct or conform conduct to law
accomplice liability
modern- assist + intent
common law
principal in 1st- present and commits an element
principal in 2nd- present + assistance (no elements)
accessory before the fact- not present, assistance before
accessory after the fact- not present, assistance after completed
liability
principal- = crimes committed
accessory before- all crimes (planned + foreseeable)
accessory after= none, separate charge
crimes involving property
embezzlement- conversion of property held in trust with intent to defraud
larceny-trespassory taking of another's property with intent to permanently deprive them of it
false pretenses- taking title to property by misrepresentation with intent to defraud
difference- E= criminal originally had possession, L = owner originally in possession
Robbery- Larceny by force (elements of larceny + force)
elements
Actus rea
failure to act (statute/relationship/creation/assumption)
action
mens rea
malice (gross negligence)
Specific intent
general intent (criminal negligence)
MPC
knowingly
recklessly
intentionally
negligently
strict liability (NO MR)
transferred intent (similar harm to another)
crimes involving persons
Homicide
malice aforethought
intent to inflict serious bodily injury
gross recklessness (depraved heart)
Intent to kill
felony murder
common law- killing by anyone
Modern- killing by D or Co-Defendant
unlawful killing
manslaughter
voluntary
intentional killing- heat of passion
HoP- sudden and intense provocation
involuntary
negligence
reckless
during misdemeanor (or felony not included in felony murder)
Criminal Procedure
guilty pleas
right to plead not guilty and have a trial
defendant waiving right to trial
maxium authorized sentence and statutory miniums
can not withdraw unless-
defective plea
jurisdictional defect
prosecutor fails to fulfill his side of bargin
ineffective assistance of counsel
nature of charge
confessions
5th miranda
Custode + interrogation + warning of right to silence + counsel
Silence, words used against you, counsel, appointed for you.
due process- accused's will overcome by state coercion
6th- right to counsel
double jeopardy- twice put in jeopardy of life or limb, not civil trial, not when charges have different elements
search and seizures
search- government intrusion into constitutionally protected area to obtain information (must have- reasonable expectation of privacy)
seizure-arrest
standing- ONLY person who was arrested or had their stuff searched- NO STANDING if you are in a friends home
felondy- probable cause
misdomenor- probable cause + committed in presence of officer
warrants required in person's home
thing- meaningful interference with possessor interest in thing
Warrant required-probable cause
a crime is being committed by person
evidence of criminality in place to be searched (totality of circumstances)
particularity- definite with reasonable certainty, face of warrant or affidavit
oath or affirmation
exceptions
plain view- authority to be where they are + criminality
Consent
exigent circumstances- delay would result in evidence destruction danger to public or fight of suspect
car- probable cause area = evidence of criminality
incident to lawful arrest
person- person + lunge area + containers for weapons/evidence
car- access car or evidence of arrest (not speeding)
home- look for accomplices in adjoining rooms
inventory- at time of booking
terry
frisk= stop + reasonable suspicion that suspect is armed
stop- reasonable suspicion that suspect is engaged in criminal activity
execution- ,must be reasonable knock + announce presence
privilege against self-incrimination- 5th Amend- no compelled testimony in criminal case. NOT physical objects or prior uncompelled testimony
exclusionary rule- illegally gotten evidence is excluded (fruit of the poisonous tree)
exceptions
Doctrinal exceptions- knock and announce, reasonable good faith reliance, clerical errors, isolated negligence by police keeping records
not fruit of poisonus tree- independent source, inevitable discovery, attenuation
procedural exceptions- impeachment, grand jury, parole revocation, civil proceedings (immigration)