Please enable JavaScript.

Coggle requires JavaScript to display documents.

Crim Law - Coggle Diagram

- - - - May be defense if crime requires intent or knowledge and prevented formation
    - - Defense to all elements
  - - - D doesnt know right from wrong
    - - M'Naughten+Impulse
    - - D acted due to irresistible impulse
    - - But for mental illness, D not act
- - - - physical intrusion into protected area to obtain info
      - Reasonable expectation of privacy
    - - Arrest of person or meaningful interference w/ possessor interest
      - Warrant not required if in public & supported by probable
        
        Misd require probable cause and commission in presence of police
    - - Must have probable cause, particularity, oath/affirmation, detached/neutral magistrate
      - Exceptions: Plain view, consent, exigent circus, automobile, SILA, inventory, Terry
        
        Terry stop requires reaosnable suspicion based on specific/articulate facts
        
        Terry frisk requires Terry stop + reasonable suspicion suspect is armed & dangerous
      - Execution must be reasonable
        
        Must knock/announce unless reaosnable grounds evidence will be destroyed
  - - - Doctrinal
      - Not fruit of poisonous tree
      - Procedural
  - - - Maximum authorized sentence/statutory minimum
      - Right to plead NG & have trial
      - Nature of charge
      - Waiving right to trial
    - - Jurisdictional defect
      - Ineffective assistance of counsel
      - Defective plea-taking colloquy
      - Prosecutor doesnt fulfill plea
  - - - Whether confession bc D's will overborne by state coercion
    - - Right to counsel after initiation of adversarial proceedings
      - No deliberate elicitation w/out counsel
    - - Anything said used against you
      - Right to counsel
        
        Once invoked, honored unless D imitates convo
      - Right to remain silent
        
        Once envoked, must be honored unless D initiates convo or significant time elapsed
      - Cannot afford, one appointed
- - - - breaking/entering another's dwelling at night w/ intent to commit felony w/in
    - - breaking/entering another's structure w/ intent to commit crime w/in
- - - - Common law
        
        Malice aforethought
        
        Intent to kill
        
        Gross recklessness (depraved heart)
        
        Intent to inflict serious bodily harm
        
        Felony murder
        
        Killing done by anyone during commission of crime
        
        unlawful killing
      - MPC
        
        First degree
        
        Specific intent
        
        Felony murder
        
        Done by def or co-def
        
        Enumerated Felonies:
        rape, burglary, robbery, arson, and kidnapping
        
        Second degree
        
        catch-all for other common law murders
    - - Voluntary
        
        Intentional killing
        
        Heat of passion
        
        sudden/intense reaction w/ adequate provocation and no cooling off
      - Involuntary
        
        Unlawfulll killing with neg or recklessness
        
        killing during misdemeanor/felony not under felony murder
- - - - MPC
        
        Voluntary withdraw and thwarting success of conspiracy is a defense
      - Common law
        
        Notify co-con in time to abandon plan
        
        Still liable for conspiracy and crime but no further
    - - MPC
        
        overt act in furtherance of conspiracy
  - - - substantial step beyond mere preparation
    - - act w/ dangerous propensity of completion
- - - - General Intent
        
        Crim negligence
      - Malice
        
        Gross negligence
      - Strict Liabilty
        
        No intent required
      - Specific Intent
        
        Purpose
    - - Recklessly
        
        gross deviation from norm consciously disregarding unjustifiable/substantial risk
      - Knowingly
        
        Awareness
      - Negligently
        
        gross deviation from norm failing to perceive substantial/unjustifiable risk
      - Purposely
        
        Conscious object
    - - intent to harm transfers if causes similar harm to another person/object
  - - - No legal duty to act or aid unless from statute, contract, relationship b/w parties, assumption of care, or creation of peril
- - - - present and asissts but not commit
      - Liable for crimes
    - - not at scene but assist before
      - liable for every crime (planned and foreseeable)
    - - present and commits one element
      - Liable for crimes
    - - not at scene but assist after
      - not liable for crimes committed, only for accessory after