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Mens Rea-level of intent required for specific crimes (COMMON LAW (Strict…
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General Crim
Property Crimes-
Larceny-taking away another's property by trespass with the intent to permanently deprive the person of their property
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Burglary-breaking and entering a dwelling of another at night with the intent to commit a felony within the dwelling (not limited to night)
Defenses
Insanity-M'Naughten rule-mental illness precluded knowing right from wrong or understanding the nature and quality of act, MPC-mentall illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conduct to law
involuntary intoxication-defense to all element of a crime, indiv. is taking the intoxicating substance without knowledge of its nature, under direct duress by another
Voluntary intoxication-self induced and results from intentional taking without duress a substance known to be intoxicating, may be a defense to crimes requiring intent or knowledge if the intox prevented the accuse from formulating the requisite intent.
MOF-must negate the state of mind, for general intent crimes-mistake must be reasonable,
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Self Defense-may use non deadly force in self defense if they reasonably believe the force used was necessary to defend against imminent unlawful force. Deadly force is allowed only when the accused reasonably believes the force used is necessary to defend against imminent unlawful deadly force or serious bodily injury
Inchoate
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Conspiracy-requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement, overt act I furtherance required (maj)
CL-conspirator can withdraw from the conspiracy by notifying co's, in time for them to abandon the plan
Attempt-requires an act with a dangerous propensity towards completion of the crime while MPC requires a substantial step beyond mere prep towards completioin of the crime
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Accomplice Liability
one is liable for someone else's crime if they assisted by aiding, encouraging, or advising and they intended to assist in the commission of the crime
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principal in the 2nd degree-present at scene, assists but does not commit any element of the crime
Accessory before the fact-not at scene, provided assistance beforehand
Accessory after the fact-not at scene, provided assistance after crime completed
Actus rea-physical or external component and either a voluntary act or the omission to act that violates a legal duty
crim pro
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Valid warrant=
PC: fair probability, reasonable grounds, or reasonably trustworthy info sufficient for a prudent person to conclude
1) a crime has been or is being committed OR
2) there is evidence of criminality in place to be searched
3) Particularity: sufficiently definite for police to id persons places or items to be searched with reasonably certainty
4) oath or affirmation
5) detached and neutral magistrate
EXCEPTIONS:
1) plain view
2) consent-voluntary under totality of circs
3) exigent circs: police have reasonable belief to believe delay in obtaining warrant would result in evidence destruction, danger to public
4) search incident to lawful arrest
5)inventory
6) Terry: RS of crim activity based on specific and articulable facts
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Standing to assert unconst. search: must be in own home or otherwise have reasonable expectation of privacy, friends home does not qualify
Confessions: Test for DP violation: whether the confession was involuntary bc accused will was overcome by state coercion.
Right to counsel, silence and anyone may invoke priv against self incrimination
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