Crim Law/CrimPro/Evidence - Mnemonics.

ESCAPES - no warranted need

- Exigent Circumstances: hot pursuit or emergency; need warrant for DUI - Searches Incident to Arrest: if initial arrest was lawful, surround area, DNA collect, cellphone (need separate warrant for content) - Consent: own property; 3rd party who has apparent authority can give permission; NO warning needed o Parent, co-owner so long as suspect does not object - Auto: probable cause for area of car - Plain view: legal present in area, anything they see or smell - Evidence obtained from Admin search: health/fire inspection (warrant); airport/public school/highly regulated area - Stop & Frisk: reasonable suspicion based on articulable facts based on totality of circumstances

False Pretense

- obtaining title of - personal property of another - by intention false statement - with intent to defraud the other

General Intent Crimes

"Intent to perform an act that is unlawful"; BATTERY, RAPE, KIDNAPPING, FALSE IMPRISONMENT

Malice Crimes

"Reckless disregard to a high risk of harm" ARSON; CL Murder - intent is inferred through acts

Accomplice

"aids or abet the principal prior to or during the crime" i) intent to assist the principal commit the crime and ii) intend that the principal commit the crime charged - responsible for other crimes so long as forseeable WITHDRAWAL: if before the crime is commited > not guilty of withdrawal

Burglary

"breaking, entering the dwelling of another at night w/ the intent to commit a felony once inside"

Arson

"malice burning of another person's dwelling"

larceny

"taking and carrying away another's property without consent w/the intent to deprive it from him permanently"

Battery

"unlawful application of force to another that causes bodily injury or constitutes offensive touching" - Unlawful: consent is complete defense - Application of force: any degree of force - *general intent crime; involuntary intoxication and reasonable mistake of facts - Aggravated: may carry a heavier penalty, if deadly weapon is used. AGGRAVATED: I) deadly weapon, ii) resulted in serious bodily harm, and iii) of child, woman or police officer

Receipt of stolen property

: I) receiving possession or control, ii) of stolen property iii) known to have been constituting criminal offense, iv) by another person, v) with intent to permanently deprive

BAD SPLIT P PEPP F

Business record exception (has its own pneumonic KRAP - see below) Admissions by a party opponent Spontaneous Statements (i.e. exited utterances) Public Records Learned Treaties (618 under TRE, 803 (18) under FRE) Interest, Declaration against Testimony Former State of Mind or Condition Past Recollection Recorded Equivalent or catch all (FRE 807) (equivalent guarantee of trustworthiness) Prior inconsistent statement (Actually 613 but allows hearsay in) Prior consistent statement (Actually 613 but allows hearsay in) Identification (prior statement of) Forfeiture by wrongdoing.

Transferred Intent (criminal) - doctrine - only applicable to completed crimes, NOT attempted crimes

D acts w. intent to cause harm to A, but act results in harm to another, D is still liable; N/A to mistaken identity

Standing

D and the passenger has standing

Insanity -Burden of Proof; 3 Tests

D has the burden of proving by preponderance/clear and convincing of evidence

Durham

D would not have committed the crime but for having a mental disease

Mistake of honest fact negates criminal intent FOR SPECIFIC INTENT CRIMES

Even if the mistake is UNREASONABLE (A takes gold watch instead of taking A's black one >> lacks intent to steal)

Federal Criminal Authority

Federal owned/controlled territory, conduct by United States nationals, abroad, conducts on ships and airplanes.

Specific Intent - FIAT

First Degree Murder Inchoate Offenses (Attempt, solicitation, conspiracy) Assault with intent to commit battery Theft (larcency, larcency by trick, false pretenses, embezzlement, forgery, burglary)

embezzlement

Fraudulent conversion of the property of another; D was in lawful possession of peoperty

Insanity

M'Naghten, irresistible-impluse test, Durham rule, and MPC

HS exceptions - Mr. JF BLaampppe

Medical Record Reputation Judgment on previous proceeding Family History Business Records Learned Treatise Absence of business record Present Sense Impression Past Recollection Recorded Public Record Excited Utterance

Defenses - CRIME - 2M5DNIIE

Mistake of law; fact Minor Insanity Intoxication Defense of - self, others, property Duress (applicable, other than homicide) Diminished capacity Neccisity - lesser of two evil Entrapment

Conspiracy - CL

agreement to commit an unlawful act - NO withdrawal

accomplice

aids and abets w/ req. mens rea prior to or during the commission of the crime

Manslaughter

any unlawful killing that is not 1st Degree or CL.

Assault

attempted battery OR intentionally placing another in apprehension of imminent bodily harm. AGGRAVATED: deadly weapon OR intent to rape or main

vicarious liability

congressional intent, usually for regulatory crimes

- Involuntary

criminally negligent killing, or other killing that occurs during misdemeanor or other crime

DPRISM - Unavailable Witness

deat Privilege refusal Incapacity subpoena memory

Irresistible Impulse

due to mental disease cannot control himself >> AQUITTAL

McNaughten - "right from wrong"

due to mental disease, did not know i) nature or quality of act or ii) wrongfulness of the act;

MPC

due to mental disease, didn't have the substantial capacity to appreciate the wrongfulness

Mistake of law > not a valid defense;

except i) reliance of court order that is erroneous after the conduct; ii) no statute was in place before the violation of a malum prohibitum (not obviously wrong crimes, such as not getting a license); iii) negates required intent for material element of the crime.

misprision

failure to report or hiding a known felon - i) full knowledge of crime committed, ii) failed to notify authority, and iii) affirmative step to conceal crime

Mistake must be REASONABLE

general intent or malice crimes.

Conspiracy:

i) Actual Agreement (implicit or explicit) by two or more persons, ii) Intent to enter into an agreement, iii) Intent to achieve the objective of the agreement to commit an unlawful act OVERT act (furtherance of the conspiracy) REQ form modern law Terminates: upon the completion of the wrongful objective

State authority, usually within borders

i) also crime with attempt to commit crime within the state; ii) conspiracy with overt act of furtherance of conspiracy occurs within the state; iii) attempt, solicitation, conspiracy of a crime in another jx iv) failure to perform duty imposed by state

Forgery

i) altering ii) writing iii) so that is false iv) with the intent to defraud

McNaughten

i) disease of mind, ii) caused defect of reason, iii) lacked the ability to understand wronfulness, nature and qualitydidn't think what you are doing is wrong

failure to act when a duty exist > criminal liability

imposed by statute; contract (lifeguard saving a drowning person); special relationship (parent/spouse); detrimental undertaking (leaving victim in worse condition after treatment); causation (failing to aid after victim's peril)

Solicitation

incite, counsel, urge, advise, comment - intent that person to commit the solicited crime Defense: MPC: Renunciation, if D prevents the commission of crime OR legtislative exemption

Accomplice - minority

intentionally or knowingly; any act that encourages/assist principal in criminal aim

Rape

intercourse without consent (against will, force or threat of force) - Actual or threat of force; incapable of consenting or fraudently caused to believe that act is not intercourse

Irresistible-impulse test

lacked the capacity for self-control and free choice because mental disease

Robbery:

larceny + assault (accomplished by violence/threat of imminent physical harm) - Taking - Personal property of another - From another's person or present - By force or threat of imminent physical harm - Intent to permanently deprive him of

- Voluntary

mind in less blameworthy than murder; HOP or extreme emotional disturbance orovoked the D, w/ no time to cool off

Wharton Rule

need more parties than required to commit the crime

Durham - "but for" test

not guilty if unlawful act was the product of D's mental disease

accessory before the fact

not present at commission of crime, but has requisite intent to promote or facilitate commission of offense

Merger - double jeopardy issue

not to be convicted of the solicitation and the complete crime; elements overlap MPC - may NOT be convicted of more than 1 inchoate crime

MIMICKO - character evidence exception

o Motive o Intent o Mistake/absence o ID o Common plan/scheme (signature, modus operandi) o Knowledge (knew something was drugs) o Opportunity

Principal

perpetrator of the crime, present when some instrumentality controlled resulted in commission of crime

5th:

privilege against compulsory self-incrimination and double jeopardy

6th:

privilege against compulsory self-incrimination and double jeopardy

4th:

prohibition against unreasonable searches and seizures

MPC (majority) accomplice

promoting or facilitating commission of the offense - solicit, aid, agree or attemp to aid - if not guilty of underlying crime, may be guilty of lesser crime. - may still be guilty even if P is not

NOT accomplice

protected class; party engaging in the criminal act (drug buyer is not guilty of drug distribution, but guilty of different crime)

Felony or Dismeanor

punishable by one year or more; other > misdemeanors

MPC: PKRN

purposely - objectively engage conduct to cause a certain result knowingly/willfully - result certain to occur recklessly - conscious disregard to substantial and unjustifiable risk (gross deviation from the standard of care) negligently - failure to be aware substantial and unjustifiable risk

Attempt

specific intent to commit a particular crime that falls short of completion *OVERT act requirement: beyond mere preparation MPC- substantial steps - preparation

HS Exception SFFPD

statement against interest Former testimony Forfeitrure - you made the witness unavailable personal interest, against dying declaration

strict liability crimes - No mens rea

statutory rape, bigamy, regulatory offenses (FDA related, selling liquors to minors)

Accessory after the Fact

subject to different crime other then the underlying, "obstruction of justice" or "harboring a fugitive"

Specific Intent Crimes

subjective desire, specific objective to accomplish a prohibited result; FIAT crimes

Policy Exclusions -SOMGI 3P

subsequent remedial measures Offer to settle/negotiate Medical Payment Guilty Pleas - Insurance Privilege - hus/wife; a/c; doc/p

No federal common law of crimes

treason and currency counterfeiting.

criminal act - actus reus

voluntary, affirmative act that causes criminally proscribed result