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Criminal Law, Criminal Procedure, cannot be charged with attempt and…
Criminal Law
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Inchoate Crimes
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solicitation
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actus rea
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request, induce, or command someone to commit a crime
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conspiracy
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CL: bilateral is required, cannot abandon after conspiracy is complete
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Elements of Crime
Mens Rea
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Common Law
strict liability
no mens rea required
ex: statutory rape, public health, and safety regulations
general intent
criminal negligence
ex: rape, battery, kidnapping
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specific intent
purpose
ex: 1st degree murder, assault, inchoate crimes, property-related crimes
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Defenses
justification defenses
self-defense
deadly force
only when the accused reasonably believes the force used is necessary to defend against imminent unlawful deadly force or serious bodily injury
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excuse defenses
insanity
M'Naghten rule
mental illness precluded knowing right from wrong or understanding the nature and quality of the act
mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct to conform conduct to law
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voluntary intoxication
self-induced and results from intentional taking without duress a substance known to be intoxicating
defense to crimes requiring intent or knowledge if the intoxication prevents the accused from forming requisite intent
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Criminal Procedure
Search & Seizure
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Analysis
government actor?
probable cause exist?
if NO probable cause, does a warrant exception make search reasonable?
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Plain view
police may seize an item they see in plain view or can "plain feel" if they have the authority to be where they are and the item is connected with criminality
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Exigent Circumstances
police have reasonable belief to believe delay in obtaining warrant would result in evidence destruction, danger to public or police, or flight of suspect
Automobile Search
probable cause than any area of car to be searched (including containers) harbor evidence of criminality
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Inventory
within scope of reasonable and routine written policy or procedure to protect valuables, police, and public
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Terry
Stop
reasonable suspicion that suspect is engages in criminal activity based on specific and articulate facts
reasonable suspicion is less than pronbable cause, but more than a hunch
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if probable cause, is a warrant required?
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in addition to probable cause, a warrant must have
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particularity
sufficiently definite for police to identify, person, place or item to be searched or seized with reasonable certainty
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is there information causing a reasonable person to conclude it is more probable than not that evidence, a person, or contraband of a crime will be found?
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Double Jeapordy
prohibits a person being put twice in jepordy of life or limb for the same offense by the same soverrign
when jury is sworn in, when the first witness is sworn in during a bench trial, or when the judge accepts the plea unconditionally
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not implicated when the charges are not the same offense as when each offense has an element that the other does not
retrial is permistted if there is a hung jury, a mistrial due to manifest necessity, or a successful appeal
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Exclusionary Rule
any evidence gathered as a result of the state's unconstitutional conduct is inadmissible against the person whose rights were violated UNLESS an exception applies
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doctrinal exceptions
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reasonable good faith reliance on facially valid warrant, although later found to be lacking probable cause
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