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Criminal Law Bar Exam


undefined, object
copy deck
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
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
1-agreement between two parties 2-intent to pursue unlawful objective 3-overt act in furtherance of crime 4-intent to enter into agreement
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
1-Intent to kill 2-intent SBH 3-Depraved heart 4-intent commit felony
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
voluntarily, intelligently
Stop and Frisk
Reasonable Suspicion Articulable Indizidulized Suspicion & Weapons Searched if believe armed and presently dangerous
0-Gov. Actor 1-Custodial 2-Interrogation
Miranda Waiver
-knowing -voluntarily -intelligently
Confrontaion Clause
6th Amend. Def. has right to confront adverse witness.
Voluntariness of Convession
Due Process requires that a confession be voluntary
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
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.

Deck Info