Crim crim pro mbe.docx - CRIMINAL LAW CRIMINAL PROCEDURE...

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CRIMINAL LAW & CRIMINAL PROCEDURE CRIMINAL LAW CRIMINAL LAW PRINCIPLES CRIMES AGAINST THE PERSON CRIMES AGAINST PROPERTY CRIMINAL PROCEDURE EXCLUSIONARY RULE 4 TH AMENDMENT WARRANTLESS SEARCH EXCEPTIONS OTHER 4 TH AMENDMENT SEARCHES 5 TH AMENDMENT 6 TH AMENDMENT TRIAL RIGHTS AND PROCEDURES DUE PROCESS: BURDEN AND SUFFICIENCY OF EVIDENCE I. 1 I.
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2 I.
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CRIM I. GEN PRINCIPLES a. ELEMENTS OF A CRIME i. ACTUS REUS ii. MENS REA iii. CAUSATION 1. BUT FOR CAUSE 2. PROX CAUSE (FORESEEABLE) 3. A SUPERSEDING FORCE BREAKS CHAIN OF CAUS IF INDEPEND AND NOT FORESEEN ii. CONCURRENCE OF PHYS ACT AND MENS REA b. MENTAL STATES i. MPC 1. PURP - CONSCIOUS OBJECT TO ENGAGE 2. KNOW- AWARE CONDUCT IS OF PARTIC NATURE OR WILL CAUSE CERTAIN RESULT 3. RECKLESSLY-CONSCIOUSLY DISREGARD A SUBSTANTIAL AND UNJUST RISK & ACT IS GROSS DEVIATION FROM REASONABLE PERS ACT or CREATES SUCH A RISK BUT UNAWARE OF IT SOLELY BY REASONABLE OF VOLUNTARY INTOX 4. CRIM NEG - FAILS TO PERCEIVE A SUBSTANTIAL AND UNJSUT RISK & FAILURE IS GROSS DEVIATION FROM STANDARD OF CARE II. HOMICIDE a. MURDER - CL AND MPC i. 2ND DEGEEE 1. UNLAWFUL KILL 2. OF PERSON 3. WITH MALICE AFORETHOUGH a. INTENT TO KILL b. INTENT TO INFLICT GREAT BODY HARM c. RECKLESS DISREGARD OF EXTREME RISK TO HUM LIFE or d. INTENT TO COMMIT INHERENTLY DANHGEROUS FELONY (FEL MURDER RULE) ii. 1ST DEGREE 1. DELIB OR PREMED ii. MPC MURD 1. KILL OF PERS COMMITED a. PURP OR KNOWINGLY OR b. RECKLESSLY UNDER CIRCUM MANIFESTING EXT INDIF TO VAL OF HUMAN LIFE 3 I.
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i. RECKLESS ASSUMED UNDER FEL MURD RULE (ROB RAPE ARSON BURG KIDNAP) b. MANSLAUGHTER i. VOLUNTARY 1. INTENTIONAL KILL OF PERSON W/ ADEQUATE PROVOCATION a. AD PROV = i. Δ PROCOKED ii. REASONABLE PER WOULDVE BEEN PROVOKED iii. NO TIME TO COOL OFF AND iv. Δ DID NOT IN FACT COOL OFF ii. INVOL 1. UNINTENTIONAL KILL OF PERS EITHER a. RECKLESSLY b. UNDER MISDEMEANOR MURDER RULE c. DUR NON DANGEROUS FEL OR d. CRIM NEG (SOME STATRES) ii. MPC MANSLAUGHTER 1. KILL OF PERS COMMITTED RECKLESSLY OR UNDER INFLUENCE OF EXT MENTAL OR EMOT DISTURB FOR WHICH REASONABLE EXPL OR EXCUSE II. OTHER CRIMES a. ROBBERY i. TRESPASSORY TAKING + ASPORTAYTION ii. PERS PROP OF ANOTHER iii. FROM PERSON IN THEIR PRESENCE iv. BY USE OF FORCE OR THREAT OF IMMED PHYS HARM v. INTENT TO PERM DEPRIVE OWNER OF PROP b. BURGLARY i. BREAK & ENTER ii. OF DWELLING iii. OF ANOTHER iv. AT NIGHT v. FOR PURP OF COMMIT FELONY INSIDE b. LARCENY i. TRESPASSORY TAKING ii. AND CARRY AWAY (ASPORTATION) iii. OF PERS PROP OF ANOTHER iv. WITH INTENT TO PERM DEPRIVE (MUST EXIST AT TIME OF TAKING) b. LARCENY BY TRICK i. OBTAIN POSSESSION (NOT TITLE) ii. OF PERS PROP OF ANOTHER iii. BY TRICK OR DECEPTION 4 I.
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b. FALSE PRETENSES i. OBTAIN TITLE ii. TO PERS PROP OF ANOTHER iii. VIA INTENTIONAL FALSE STATEMENT iv. INTENT TO DEFRAUD b. EMBEZZLEMENT i. FRAUDULENT OR WRONGFUL ii. CONVERSION iii. OF PROP OF ANOTHER iv. BY PERS W/ LAWFUL POSSESSION OF PROP BY PERS IN POSITION OF TRUST b. BATTERY - GEN INTENT CRIME (~INTENT TO CAUSE INJURY IS REQ) i. UNLAWFUL USE OF FORCE ii.
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  • Fall '07
  • sokolow
  • criminal law

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