Please enable JavaScript.
Coggle requires JavaScript to display documents.
Criminal Law and Procedure - Coggle Diagram
Criminal Law and Procedure
Elements of a Crime
Mens Rea
Common Law: Strict Liability, General intent, Malice, Specific Intent
Model Penal Code: Negligently, recklessly, knowingly, purposely.
Transferred Intent
Actus Rea
Inchoate Crimes
Solicitation
Asking or encouraging someone to commit a crime, with intent the crime be committed.
Conspiracy
Agreement to commit a crime with specific intent. Usually an action in furtherance of the conspiracy. Withdrawing can absolve liability of
further
crimes. MPC allows thwarting conspiracy as a defense.
Attempt
Common law: act with dangerous propensity to completion of the crime. MPC requires a substantial step beyond mere preparation. Both require specific intent.
Accomplice Liability
Assisted by aiding, encouraging, or advising, and they intended to assist.
Common Law: Principal in the 1st degree, Principal in the 2nd degree, Accessory before the fact, Accessory after the fact.
Principals are liable for crimes committed, an accessory before the fact is liable for all crimes and foreseeable crimes. Accessory ATF is liable for crime of being an accessory ATF
Backtracking aid can absolve you of liability
Crimes Involving Property
Larceny, embezzlement, false pretenses.
Robbery is larceny by force or threat of force.
Burglary is breaking and entering a building with the intent to commit a felony in the building. Specific intent crime.
Defenses
Insanity
Intoxication
Infancy
Mistake
Self-defense
Defense of Others
Defense of Property
Duress
Necessity
Entrapment
Crimes Involving Persons
Homicide: Requires unlawful killing and malice aforethought.
Malice types: Intent to kill, Intent to inflict serious bodily injury, Depraved Heart, Felony Murder.
Manslaughter: Voluntary "heat of passion". Words are insufficient, no cooling off period. Involuntary: Unlawful killing with negligence or recklessness OR a killing during the course of a misdemeanor or felony not included in felony murder.
Felony murder typically includes rape, burglary, robbery, arson, and kidnapping.
Criminal Procedure
Search and Seizure
Invasion of REOP/Gov exercising control over person or thing.
Gov actor? Probable Cause? Exception to PC? Warrant required? Warrant exception? Warrant proper? Standing to protest? Evidence Suppressed?
PC includes reliable information, reliable informant, independently corroborated.
PC exceptions: Plain view, consent, exigent circumstances, SILA, Inventory, Terry stop.
Exclusionary Rule
Constitutional violation can have evidence and all evidence downstream excluded. Fruit of Poisonous tree.
Confessions
Can be suppressed if confession obtained in violation of Due Process Clause, 6th A. Right to Counsel, or 5th A. Miranda Rights doctrine.
Privilege Against Self-Incrimination
Double Jeopardy
Guilty Pleas
Plea-taking colloquy: Nature of charge, max authorized sentence and statutory minimum, right to plead not guilty and have a trial, defendant waiving right to trial.
Guilty plea cannot be withdrawn unless: Defective plea-taking colloquy, jurisdictional defect, ineffective assistance of counsel, or prosecutor fails to fulfill their side of the bargain.