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Criminal Law and Procedure - Coggle Diagram

- - - - Transferred Intent: harm to a particular individual or object transfers if instead is causes similar harm to another person or object
  - - - general duty: like torts, none
      - duty may arise from statute, contract, relationship, assumption of care, and creation of the peril
  - - - 1) first degree: present at scene and commits one element of the crime
      - 2) Second degree: present at scene, assists but does not commit any element of the crime
      - 3) Accessory before the fact: not at scene, provided assistance beforehand
      - 4) Accessory after the fact: not at scene, provided assistance after the crime completed
  - - - solicitation: asking or encouraging someone to commit a crime with the intent to commi8t that crime
      - Conspiracy: requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement; overt act in furtherance of the conspiracy
      - attempt: requires an act with a dangerous propensity towards completion of the crime (common law)
      - attempt: requires substantial step beyond mere preparation towards completion of the crime (Model Penal Code)
  - - - unlawful killing and "malice aforethought"
      - 4 types of malice
        
        1) intent to kill
        
        2) intent to inflict serious bodily injury
        
        3) gross recklessness (depraved heart)
        
        4) felony murder: killing during course of felony. intent not required
    - - voluntary/involuntary
        
        voluntary: intentional killing in heat of passion
        
        heat of passion requires a sudden and intense reaction with adequate provocation and no cooling off period
        
        involuntary: unlawful killing with negligence or recklessness or a killing during the course of a misdemeanor or a felony not included in felony murder
  - - - insanity: M'Naughten rule (Common Law); MPC: mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to law
      - Voluntary Intoxication: defense to crimes requiring intent or knowledge
      - Mistake of Fact: reasonable (general intent crimes)
      - self-defense: reasonably believed the force used was necessary to defend against imminent unlawful force
- - - - a crime has been or is being committeed by person to be seized
      - evidence of criminality in place to be searched (hearsay/anonymous tips may support probable cause, test is totality of circumstances
    - - Plain View
      - Consent
      - Exigent circumstances: reasonable belief that delay would result in evidence destruction
      - Automobile Search: probable cause that any area of car to be searched harbors evidence of criminality
      - home: protective search during arrest if reasonable suspicion of danger
      - Terry Stop: frisk for only weapon
  - - - procedural exceptions
        
        impeachment purposes
        
        grand jury proceedings
        
        parole revocation hearing
        
        Civil proceedings suchas immigration
      - Doctrinal exceptions
        
        knock and announce violation
        
        reasonable good faith reliance on facially valid arrant, although later found to be lacking probable cause
        
        clerical errors by court employees in maintaining records such as arrest warrants
        
        Isolated negligence by police in maintaining records such as arrest warrants
      - Found not to be fruit of the poisonous tree
        
        independent source for obtaining evidence
        
        inevitable discovery
        
        attenuation
  - - - violated by deliberate elicitation without counsel
    - - right to remain silent
      - any statements can be used against you
      - right to counsel
      - if cannot afford lawyer; one will be appointed