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Criminal Law and Procedure - Coggle Diagram
Criminal Law and Procedure
CRIMINAL LAW
Defenses
Temm 171-72
Voluntary intoxication
Self-induced, intentional taking w/out duress of a substance known to be intoxicating
Need not have intended to become intoxicated
Defense to crimes requiring intent or knowledge (i.e. specific intent crimes) if prevented from formulating requisite intent
Mistake of fact
Specific intent crimes = reasonableness not required; any mistake of fact is a defense
Strict liability = b/c no particular state of mind required; NOT a defense
General intent crimes = mistake must be reasonable
Must negate state of mind
But
mistake of law
NOT a defense
Involuntary intoxication
Any substance incl. alcohol, drugs, medicine
Takes w/out knowledge of nature of substance
under direct duress by another,
or pursuant to medical advice while unaware of intoxicating effect
Defense to all elements of crime
Treated as mental illness in some jurisdictions
Self-defense
Non-deadly force if reasonably believed force used necessary to defend against imminent unlawful force
Deadly force if reasonably believed forced used necessary to defend against imminent unlawful deadly force or serious bodily injury
Insanity
CL = mental illness precluded knowing right from wrong or understanding nature/quality of act (M'Naughten rule)
MPC = mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or conform conduct to law
Accomplice liability
Temm 168-69
Modern approach
Aided, encouraged or advised
Intended to assist in commission of crime
Common law approach
Principle in 1st deg.
= present at scene and commits one element of crime
Accessory after the fact
= not at scene, provided assistance after crime completed
Accessory before the fact
= not at scene, provided assistance beforehand
Principle in 2nd deg.
= present at scene, assists but does not commit any element of the crime
Inchoate crimes
(specific intent)
Temm 169
Conspiracy
= agreement to commit unlawful act and specific intent to achieve object of the agreement
Attempt
= act with dangerous propensity toward completion of the crime (CL) / substantial step beyond mere prep toward completion of the crime (MPC)
Solicitation
= asking/encouraging someone to commit crime with intent to commit that crime
Crimes involving persons
Temm 169-70
Homicide
Unlawful killing & "malice aforethought" (CL)
4 types of malice
Intent to inflict serious bodily injury
Gross recklessness (depraved heart)
Intent to kill
Felony murder =
killing during course of felony; intent not required
CL when done by anyone
modern approach - must be done by D or co-D
Manslaughter
Voluntary
intentional killing in the heat of passion
sudden intense reaction
adequate provocation (not words alone)
no cooling off period
Involuntary
unlawful killing w/ negligence or recklessness
OR killing during course of misdemeanor or felony not incl. in felony murder
Modern Approach
1st deg. = specific intent homicide (premeditated)
1st deg. felony-murder = felony enumerated by statute
(usu. rape, burglary, robbery, arson, kidnapping)
2nd deg. = all other CL murders
Crimes involving property
Temm 170-71
Embezzlement
= conversion of property held in trust w/ intent to defraud
(criminal originally had possession)
False pretenses
= taking title to property by misrepresentation w/ intent to defraud
Larceny
= taking away another's property by trespass w/ intent to permanently deprive
(owner originally had possession)
Robbery
= larceny by force or threat of force
Burglary
= breaking and entering dwelling of another at night w/ intent to commit felony w/in the dwelling; i.e. specific intent (CL) / modern approach incl. any structure, not limited to "at night"
Elements of crime
Temm 168
Actus rea
Physical/external component
Voluntary act or omission to act that violates legal duty
no general duty to act or aid
duty may arise from statute; K; relationship between parties; assumption of care; creation of peril
Mens rea
MPC
Knowingly
= awareness
Recklessly
= gross deviation from norm in consciously disregarding substantial & unjustifiable risk
Negligently
= gross deviation from norm in failing to perceive substantial & unjustifiable risk
Purposely
= conscious object
Common Law
Specific intent
= purpose (1st deg. murder, assault, inchoate crimes, property-related crimes)
Malice
= gross negligence (murder, arson)
General intent
= criminal negligence (rape, battery, kidnapping)
Strict liability
= NO mens rea required (statutory rape; public health; safety regs)
Transferred intent
= intent to harm particular person/property but instead causes similar harm to another person/property
CRIMINAL PROCEDURE
Exclusionary Rule
Temm 175
Main sanction against the state for violating accused's constitutional rights
Fruit of poisonous tree
Evidence obtained as result of unconstitutional conduct inadmissible against person whose rights violated UNLESS exception applies
Incl. all evidence downstream of violation
EXCEPTIONS
Procedural
Impeachment purposes
Grand jury proceedings
Parole revocation hearing
Civil proceedings such as immigration
Doctrinal
Knock & announce violation
Reasonable good faith reliance on facially valid warrant, although later found to be lacking probable cause
Clerical errors by court EEs in maintaining records such as arrest warrants
Isolated negligence by police in maintaining records such as arrest warrants
Found not to be fruit of poisonous tree
Independent source for obtaining evidence
Inevitable discovery
Attenuation
Search & Seizure
Temm 173-75
State action?
Search or seizure?
Warrant or exception?
Execution of warrant proper?
Standing to protest?
Evidence suppressed?
Only the person search or seized may challenge the constitutionality
E.g. cannot assert unconstitutional S & S when in a friend's home b/c no reasonable expectation of privacy
Before search
, must knock & announce UNLESS reasonable grounds to believe dangerous or futile, or that evidence would be destroyed
During search
, police may take reasonable steps to secure premises incl. temp. detaining individuals at the scene & ordering occupants out of car
Warrant
Requires:
Probable cause (PC) =
fair probability, reasonable grounds, or reasonably trustworthy info sufficient for prudent person to conclude
a crime has been/is being committed by person to be seized; OR
evidence of criminality in place to be searched
(hearsay & anonymous tips may support PC/ test = totality of circumstances)
Particularity =
sufficiently definite for police to ID persons, places, or items to be search or seized w/ reasonable certainty (on face of warrant or incorp. affidavit)
Oath or affirmation
Detached & neutral magistrate
Exceptions
Plain view
Consent
Exigent circumstances
Auto search
SILA
Person
Car
Home
Inventory
Terry
Stop
Frisk
Search
Govt. intrusion into constitutionally protected area where a person has reasonable expectation of privacy
to obtain info
Seizure
Govt. exercise of control over person or thing
Of a person (i.e. arrest)
Public = no warrant needed if PC
(but for misdemeanors, must be committed in officer's presence)
Private = warrant needed unless exception applies
(but if suspect in someone else's home, search & arrest warrants needed)
Of a thing
Requires meaningful interference w/ possessory interest in the thing
4th Amend. right to be free from unreasonable searches & seizures
Guilty Pleas
Temm 176
Judge must follow plea-taking colloquy on the record:
Nature of charge;
Max authorized sentence & any statutory min;
Right to plead not guilty and to have trial;
Defendant waiving right to trial
Accused cannot then withdraw guilty plea unless:
Defective plea-taking colloquy;
Jurisdictional defect;
Ineffective assistance of counsel; or
Prosecutor fails to fulfill their side of plea bargain (Judge not bound by prosecutor's bargain
Confessions
Temm 175-76
May be suppressed if obtained by state actor in violation of:
DP Clause
6th Amend. right to counsel
5th Amend.
Miranda
doctrine
5th, 6th Amends.
Right to counsel, right to silence when in custodial interrogation (when invoked, police must scrupulously honor)
State required to inform accused of their rights through
Miranda
warnings
Custody?
Interrogation?
1 more item...
Attaches after initiation of adversarial proceedings
State cannot undermine by deliberately eliciting confession in absence of counsel
Applies if formal charges brought (i.e. indictment, not mere arrest)
Whether violated by deliberate solicitation w/out counsel
Whether confession involuntary b/c accused's will was overcome by state coercion
Privilege Against Self-Incrimination
Temm 177
5th Amend. prohibits compelled testimony in a criminal case
May invoke in custodial interrogation, and in any proceeding w/ testimony under oath
Does not apply to physical evidence or
prior uncompelled communication
Double Jeopardy
Temm 176-77
Attaches when jury sworn in; first witness sworn in (bench trial); or when judge accepts plea unconditionally
Does not apply to civil proceedings
Cannot be prosecuted twice for same offense by same sovereign
Not implicated when charges are not same offense (i.e. each offense has element the other does not)