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Criminal Law and Procedure - Coggle Diagram
Criminal Law and Procedure
Elements of Crime
Actus Rea
physical or external component; voluntary act or omission to act that violates a legal duty.
Mens rea
Model Penal Code
Negligence
Recklessly
Knowingly
Purposely
Common Law
Strict Liability
General Intent
Malice
Specific intent
Attempt: Specific Intent Required
Transferred intent - intent to harm a particular individual or object transfers if instead causes similar harm to another person or object
Accomplice Liability
Modern Approach
Common Law
Inchoate Crimes
Solicitation
Conspiracy
Common Law
Model Penal Code
Attempt
Common Law
Model Penal Code
Defenses
Insantiy
M'Naughten Rule
Irresistible Impulse Trest
Model Penal Code Test
Durham Test
Intoxication
Voluntary Intoxication
Defense only to specific intent crimes; intentional taking without duress a substance known to be intoxicating; no need to have intention to become intoxicated
Involuntary intoxication
Defense to all elements of a crime, caused by any substance including alcohol, medicine, and drugs. Happens when person is taking the drug without knowing its nature, is taking it under duress, or is taking it under medical advice and is unaware of effects.
Infancy
Self Defense
Nondeadly Force
nondeadly force only resonably necessary to defend against imminent unlawful force
Deadly Force
Deadly force allowed only when accused reasonably believes force necessary to defend against imminent unlawful deadly force or serious bodily injury
Mistake of fact
General Intent crimes - must be reasonable, Specific intent - reasonableness is not required as any mistake of fact is a defense, Strict Liability = Mistake of Fact Not a Defense
Mistake of Law = NoT a Defense to a crime
Entrapment
Crimes Involving Property
Burglary
Robbery
Larceny
Embezzlement
False Pretenses
Larceny by Trick
Extortion
Receipt of Stolen Property
Forgery
Crimes Involving Persons
Manslaughter
Voluntary
Involuntary
Homicide
Common Law: Requires unlawful killing and malice afterthought
Modern Approach: Killing must be done by D or co-D
4 Types of Malice
Intent to kill
Intent to cause serious bodily injury
Gross negligence (depraved heart)
Felony murder (killing during the course of a felony; intent not required)
Murder
General Rule
Unlawful Killing of another human being with malice aforethought.
! st Degree
Deliberated and premeditated murder or 1st degree felony murder if enumerated by statute.
Felony Murder
Murder/death that occurs during the commission of a felony (BARK: Burglary, arson, rape kidnapping, and robbery)
2nd Degree
No premeditation, recklessly indifferent to the value of human life.
4th A (Right to be Free From Unreasonable Search and Seizure)
Standing Requirements:
Only person who was searched and seized can challenge the government action.
No standing when
accused does not have reasonable expectation of privacy (totality of the circumstances) Burden on accused - ex. when search occurred in friend's home.
Resonable expection of privacy and standing
where a person has a right to posession
where a place searched was D's home
where the D was an overnight guest in someone's home
Search
government intrusion into an area where person has reasonable expectation of privacy (ex. home, car, or a homeless person's sleeping space)
Siezure
Warrantless Arrest
No warrant needed for arrest in public if supported by probable cause (eg. felony from driving under influence); Misdemeanor - PC and crime must be committed in presence of an officer.
Arrest with Warrant
Need a warrant to arrest someone in their private home unless meet an exception (i.e. plain view or exigent circumstances)
Requirements for Valid Warrants
Particularity
oath of affirmation
detached and neutral magistrate
probable cause
credible information (details)
reliable information (history)
independently corroborated (by LEOs)
Executing a Warrant
Knock and announce rule: Police must knock and announce their presence before entering the premises, unless reasonable ground to believe that it would be dangerous or futile or that the evidence will be destroyed
i. During searches, the police can secure the premises, like temporarily detaining individuals at the scene and ordering occupants out of a car.
Probable Cause Exceptions
Plain view/ Plain feel
Consent
Exigent circumstances
Automobile searches
SILA (searches incident to lawful arrest)
Inventory
Terry
Terry Stop - reasonable suspicion that the suspect is engaged in criminal activity. It must be based on specific and articulate facts, less than probable cause, but more than just a hunch. It can be based on police officer’s experience
Terry Frisk - reasonable suspicion of criminal activity and reasonable suspicion that the suspect is armed and dangerous; only weapons, just pat down.
Exclusionary Rule (Applies to 4, 5, and 6 A.)
Procedural Exceptions
impeachment purposes
grand jury proceedings
parole revocation hearing
civil proceedings such as immigration
Doctrinal exceptions
Known and accounce rule
good faith reliance on facially valid warrant,although later found to lack probable cause
clerical errors by court employees
isolated negligence by police in maintaining records such as arrest warrants
Fruit of the Poisonous Tree
Poisonous tree exceptions:
Attenuation
independent source
inevitable discovery rule
5th A; Due process protects against involuntary confessions and privilege against self-incrimination
Voluntary Confession Test
Miranda Warnings
Custody
Interrogation
Waivers
6th A
Right To Council
Deliberate Elicitation
Waiver (voluntarily, knowingly, and intelligently)
Guilty Pleas
Double jeopardy