Criminal Law Bar Exam
Terms
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- Burglary Elements
- -breaking -entry -dwelling(prim. sleep purposes) -of another -at nightime -intent to commit a felony inside
- Arson Elements
- -malicious -burning -dwelling -another
- Larceny Elements
- -taking -asportation -of tangible personal property -of another- -by trespass (w/o consent or by fraud) -with INTENT to PERM. deprive
- Embezzlement Elements
- -fraudulent -conversion -personal property -of another-by person in lawful possession of that property
- False Pretenses
- -obtaining title -to personal property of another -by intentional false statement of past or existing fact -with INTENT to DEFRAUD the other
- Robbery
- Larceny + Assault= -taking -personal property of another -from other\'s person or presence -by force of threat of immediate death or physical injury -with Intent to personally deprive
- Specific Intent Crimes
- Solicitation Attempt Conspiracy First, Premed Assault Larceny Burglary Forgery False Pretenses Embezzlement
- Specific Intent Mnemonnic
- Sam Adams could MF Annie Lenox Before Feeling False Emotions (Solic, Attempt, Conspir, MurderFirst, Assault, Larceny & Rob, Burglary False Pre, Forg, Embez.
- Crime Basic Elements
- 1-Act 2-Mens Rea 3-Concurrence 4-Causation 5-Harm
- Conspiracy
- 1-agreement between two parties 2-intent to pursue unlawful objective 3-overt act in furtherance of crime 4-intent to enter into agreement
- Attempt
- 1-perform. of act that would be a crime if successful 2-intent to commit that crime 3-substantial step beyond mere preparation
- Insanity Tests
- M\'Naghten-don\'t know right vs. wrong Ires. Impul-Can\'t help self Durham-but for disease MPC-M\'Naghten + Ires. Impul.
- Murder (Common Law)
- unlawful killing of a human with malice aforethought
- Malice
- 1-Intent to kill 2-intent SBH 3-Depraved heart 4-intent commit felony
- Seizure
- when reas. person would believe that not free to leave or terminate an encounter with the gov.
- Prob. Cause
- trustworthy facts or knowl. sufficent for reas. person to believe suspect has commited or is committing a crime
- Search and Seizure Question Tree
- 1-Does Def. have a 4th right? -standing -gov. action -reasonable expectation of privacy 2-Did Police have valid warrant? -if so, valid S&S. -if not, do any good faith defenses apply? 3-If no warrant, was it a valid warrantless S&S? -6 Exceptions
- 6 Warrantless Search Exceptions
- 1-Search Incident 2-Auto Exception 3-Plain View 4-Consent 5-Stop & Frisk 6-Hot Pursuit, Evan. Evid., & Other Emerg.
- Warrant Reqs.
- 1-neutral detached magistrate 2-particularity 3-oath 4-Probable Cause
- Consent
- voluntarily, intelligently
- Stop and Frisk
- Reasonable Suspicion Articulable Indizidulized Suspicion & Weapons Searched if believe armed and presently dangerous
- Miranda
- 0-Gov. Actor 1-Custodial 2-Interrogation
- Miranda Waiver
- -knowing -voluntarily -intelligently
- A
- A
- Confrontaion Clause
- 6th Amend. Def. has right to confront adverse witness.
- Voluntariness of Convession
- Due Process requires that a confession be voluntary
- Rape
- unlawful carnal knowledge of a woman by a man, not her husband, without consent.
- Accomplice Liability
- all parties to a crime may be guilty if accomplice acts with intent to aid or encourage the Principal in comission of the crime
- Accomplice Liability Scope
- liable for crime aided with and any probable or foreseeable crimes committed during its commission
- Defense of Withdrawal
- if encourage only, and late withdraw encouragement, then successful withdrawal
- Conspiracy
- agreement between two or more person to accomplish some criminal or unlawful purpose. Most state s require an overt act in furtherance of conspiracy.
- Conspiracy Liability Scope
- Conspirator is liable as an accomplice from crimes of co-conspirator if they were committed in furtherance of the OBJECTIVes of the conspiracy and crimes were natural and probable consequences of the conspir.