Bar 4

Card Set Information

Author:
christinalum
ID:
89749
Filename:
Bar 4
Updated:
2011-06-18 21:12:58
Tags:
Crimes
Folders:

Description:
Crimes
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  1. Insanity Test: MPC
    • Defendant is entitled to acquittal if he suffered from a mental disease or defect AND as a result lacked substantial capacity to either:
    • 1) appreciate the criminality of his conduct, OR
    • 2) conform his conduct to the requirements of law.
  2. Insanity Test: M'Naghten
    • Defendant is entitled to acquittal if he has a disease of the mind causing a defect of reason so that at the time of his actions, he:
    • 1) lacked the ability to know the wrongfulness of his actions, OR
    • 2) understand the nature and quality of his actions.
  3. Exclusionary Rule
    • Applies to violations of:
    • 1) Federal Constitution, or
    • 2) Federal Statute

    • N/A to:
    • 1) Grand Jury Proceedings
    • 2) Civil Proceedings
    • 3) Parole Revocation
    • 4) Impeachment of Defendant
    • 5) Knock and Announce Rule
  4. Fruit of the Poisonous Tree Exceptions
    • 1) Independent Source
    • 2) Inevitable Discovery
    • 3) Intervening Acts of Free Will
  5. Specific Intent Crimes
    • Arson
    • Assault
    • Burglary
    • Forgery
    • Inchoate Crimes
    • Premeditated and Deliberated Murder
    • Theft Crimes
  6. General Intent Crimes
    • Battery
    • False Imprisonment
    • Kidnapping
    • Rape
  7. Purposely
    Conscious object is to engage in certain conduct.
  8. Knowingly
    Aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result.
  9. Recklessly
    Conscious disregard of a known substantial and unjustifiable risk.
  10. Negligence
    Failure to be aware of a substantial and unjustifiable risk.
  11. Insanity Test: Irresistable Impulse
    Defendant is entitled to acquittal if because of a mental illness, he was unable to control his actions or conform his conduct to the law.
  12. Initial Aggressor regains right to Self-Defense...
    • By w/d'ing and communicating w/d to other person, OR
    • When other person suddenly escalates a minor fight into one involving deadly force w/o giving chance to w/d
  13. Private Persons may use Deadly Force...
    • To apprehend a fleeing felon if:
    • 1) Felon threatens death or SBI, AND
    • 2) Deadly Force is necessary to prevent escape

    • To arrest:
    • Arrestee must be actually guilty of felony arrested for
  14. Right to Waive Counsel and Represent Self
    • Req's:
    • Waiver must be knowing and intelligent, AND
    • Defendant must be competent
  15. Intoxication
    Voluntary Intoxication is a defense to specific intent crimes only, if Defendant cannot form intent required.

    • Involuntary Intoxication:
    • When Defendant is forced to consume or voluntarily consume without knowledge that substance is intoxication
    • Defense to all crimes if intoxication renders Defendant insane.

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