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Criminal Law and Procedure - Coggle Diagram
Criminal Law and Procedure
Common Law Requirements of a Crime
Elements of a Crime
Mens rea
Common Law mens rea
Intent moves from no intent required to purposeful actions
Strict Liability
No mens rea required
Statutory Rape
Public Health
Safety Regulations
General Intent
Criminal Negligence
Rape
Battery
Kidnapping
Malice
Gross Negligence
Murder
Arson
Specific Intent
Purpose
First-degree murder
Assault
Inchoate Crimes
Property-related crimes
Actus rea
Model Penal Code mens rea
Negligently
Gross Deviation from norm in failing to perceive substantial and unjustifiable risk
Recklessly
Gross Deviation fro norm in consciously disregarding substantial and unjustifiable risk
Knowingly
Awareness
Purposely
Conscious Object
Acomplice Liability
Inchoate Crimes
Solicitation
Conspiracy
Attempt
Offenses against Persons
Offenses against Property
Larceny
Robbery
Embezzlement
False pretenses
Burglary
Defenses
Insanity
Intoxication
Infancy
Mistake
Self defense
Defense of others
Defense of property
Duress
Necessity
Entrapment
Common Law murder
Unlawful killing and malice aforethought.
Malice
Intent to kill
Intent to inflict serious bodily injury
Gross reckless (Depraved Heart).
Felony murder
Killing during course of felony-Intent not required.
Manslaughter
Voluntary
Intentional killing in the heat of passion
Heat of passion requires a sudden and intense reaction with adequate provocation and no cooling off period
Involuntary
Modern approach
First degree felony murder
Felony is enumerated by statute
Rape
Burglary
Robbery
Arson
Kidnapping
First degree murder
Homicide premeditated murder
Second Degree murder
catch-all for all other common law murders
Criminal Procedure
Search and Seizure
Valid warrant or Warrant exception
valid warrant
probable cause
Element of criminality
Particularity
Oath or affirmation
Detached and neutral magistrate
warrant exception
Plain view
Consent
Exigent circumstances
Automobile search
Search Incident to Lawful arrest
Exclusionary Rule
Fruit of the Poisonous tree
Confession
Miranda Doctrine
Guilty Pleas
Double Jeopardy
privileges against self incrimination