Term
| governed by 4th amend if: |
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Definition
| govt agent + reasonable expectation of privacy + standing to challenge |
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Term
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Definition
| probable cause (incl hearsay, anonymous tip) + particularity (specify place and item) |
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Term
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Definition
relied on in good faith
(not good faith: egregious error, facially deficient, knowing/reckless falsehood, prosecutional bias) |
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Term
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Definition
| auth items/areas + knock/announce (u/l futile, dangerous, or inhibit investigation) |
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Term
| conducted w/o warrant OK if: |
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Definition
| ESCAPIST: Exigent circumstances, Search incident to arrest, Consent, Automobile, seizure in Plain view, Inventory search, Special needs, or Terry stop and frisk |
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Term
| Exigent circumstances exception to no warrant: |
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Definition
1) evd that would dissipate/disappear or 2) in hot pursuit
a. hot pursuit includes: home where suspect has fled and anything in plain view |
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Term
| incident to arrest exception to no warrant: |
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Definition
lawful arrest + contemporaneous + wingspan + automobile
a. if automobile: interior cabin (closed containers) + if contains evd relating to crime arrested for |
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Term
| Consent exception to no warrant: |
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Definition
| 1) voluntary & intelligent, 2) apparent auth (u/l hotel oper, landlord, present objecting sp/co-T) |
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Term
| Automobile exception to no warrant: |
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Definition
if PC to believe contraband or evd of crime (before initiating search)
a. Can open any containers if probable cause that might contain the item searching for |
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Term
| seizure in Plain view exception to no warrant |
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Definition
lawful access to view + lawful access to item + criminality immediately apparent
a. flyovers are okay if in plain view from flyover |
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Term
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Definition
| 1) arrestees booked in jail or 2) impounded vehicles |
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Term
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Definition
random drug testing for r/r workers, customs agents, public school children
a. u/l primary purpose to gather evd but no suspicion
b. includes gov em’ee files, student’s effects, border search |
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Term
| Terry stop&frisk exception to no warrant: |
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Definition
| specific articulable facts, stop: present criminal activity, frisk: sus armed & dangerous |
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Term
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Definition
| suspected persons + PC there is crime + conversation (w/ particularity) + time (strict) (eavesdropping: unreliable ear) |
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Term
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Definition
| in custody + agst will + prosecution or interrogation |
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Term
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Definition
| MBE: OK for all offenses; must have PC |
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Term
| arrest w/o warrant OK if: |
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Definition
MBE: pub place (if felony), off’s pres (+ misd), own home + emerg
VA: felony: presence, PC, or reasonable grounds
misd: 1) presence, 2) know w on file, or 3) assault/battery + PC from eye witness
22) VA statutory exceptions to arrest warrant motor vehicle crime, shoplifting, w on file, public drunkenness, assault & battery agst family |
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Term
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Definition
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Term
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Definition
only suppressed by constitutional violation, not by rule of evidence
a. admissible unless: 1) due process (involuntary), 2) Miranda doctrine, or maybe 3) rt to counsel, |
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Term
| challenge confession under due process |
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Definition
| involuntary (police coercion that overbears will) |
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Term
| challenge confession under Miranda doctrine |
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Definition
CUSTODIAL INTERROGATION
a. custodial freedom of action limited by police domination, but not brief quasi-custodial onlooker
b. interrogation conduct likely to elicit incriminating response
c. exception immediate concern for public safety |
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Term
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Definition
| remain silent, used agst you, rt to atty, atty provided |
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Term
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Definition
voluntary + intellingent + totality of circumstances (continue after warnings)
a. prosecution bears burden to show waiver under preponderance of evd |
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Term
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Definition
| “scrupulously honor” rt to rem silent, all interrogation must cease (u/l invited by suspect), request expires 14 days after release (requires fresh warning), rt to counsel not offense specific |
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Term
| excluded under Miranda, but admissible if: |
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Definition
1) to impeach D’s test on cross, 2) if also made post-warnings + not coercive
a. guilty verdict stands if would’ve been convicted w/o tainted evd |
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Term
| challenge confession under rt to counsel |
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Definition
attaches on formal charges (not arrest), triggered by initial appearance, offense specific (no protection for uncharged crime)
a. remedy: cant use in case-in-chief, but if D testifies and prior stmt is inconsisten with trial testimony, that statement can be used to impeach D (admissible under prior inconsistent stmt) |
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Term
| burden of proof of criminal trial |
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Definition
state must prove every element of the crime beyond a reasonable doubt
a. anything found in the basic definition of the crime
b. if defense to criminal charge that element crime is in doubt, then all D has to do is prove by a reasonable doubt
c. for all other defenses, state may put burden of proof at preponderance of the evidence. |
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Term
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Definition
| line up (> 3), show up (one on one), photo array (> 6) |
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Term
| challenges to pre-trial ID: |
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Definition
5th amend: none; 6th amend: line-up & show-up; 14th amend: due process
a. due process challenge: unnecessarily suggestive, substantial likelihood of misidentification |
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Term
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Definition
| excluded u/l based on other observations (opportunity to view at scene of crime, certainty of witness ID, specificity of description to police) |
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Term
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Definition
not req’d, used in VA
VA rules:
i. Regular/charging (7-9 jurors): considers bills of indictment (PC for true bill?)
ii. Special/ investigative (9-11 jurors): make report, then discharged
iii. Multijurisdictional: returns indictment |
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Term
| std for pre-trial detention |
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Definition
| PC to bind D over for trial and PC to detain in jail before trial |
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Term
| detention hearings to determine PC necessary? |
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Definition
| unnecessary to justify if 1) grand jury issued indictment or 2) magistrate issue arrest warrant |
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Term
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Definition
| indictment or criminal information filed by prosecutor |
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Term
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Definition
must be brought before magistrate to 1) advise of rts, 2) set bail, and 2) appoint counsel
a. note: decision to not set bail or for excessive bail is immediately appealable |
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Term
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Definition
rt to bail u/l PC that 1) won’t appear or 2) unreasonable danger to public or self
a. presumption of no bail: if violent crime |
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Term
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Definition
evd disclosure: all material, exculpatory evd
jury: see below
unbiased judge: no financial stake, no malice
confront adverse witness: not if agst public policy (e.g. trauma to child)
effective assistance of counsel: violated if counsel deficient and different outcome would result
indigent rt to counsel: all felony cases, and all misd cases where jail sentence is imposed |
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Term
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Definition
for serious offense (max sentence = over 6 mos.)
a. petty offenses: no right to jury for petty offense (max sentence = 6 mos or less)
b. number of jurors: at least six jurors (if 6, must be unanimous)
c. cross-sectional requirement: pool drawn from, not jurors selected
d. VA jury requirements: 12 jurors + verdict is unanimous, in writing, in open court |
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Term
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Definition
| knowing/voluntary + open court + on record + nature of charges + conseq of plea (rt to jury) |
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Term
| w/draw plea post-sentence |
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Definition
1) not voluntary, 2) juris defect, 3) ineffective assistance, 4) bargain not kept
a. VA rules: guily or nolo contendere can be w/drawn before sentencing or w/in 21 days after final order to correct manifest injustice |
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Term
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Definition
| nolo contendere (admissible in VA civ ct), conditional guilty (can appeal issue; only felony in VA), afford (prosecution has sufficient evd) |
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Term
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Definition
8th amend: no grossly disproportionate punishment, no automatic death penalty
a. death penalty: cannot be automatic; jury must consider all mitigating evd; not if mental retardation, presently insane (can execute when regains sanity), under 18 (at time of offense) |
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Term
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Definition
D entitled to impartial trier of fact
a. solution: delay trial, sequester jury, change venue, close trial (comp interest + no less restrictive alt)
b. cameras in court: not per se unconstitutional, ask whether it adversely affects trial |
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Term
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Definition
same crime, same sovereign
a. attaches when: 1) jury is sworn, 2) first witness is sworn, or 3)
b. civil proceedings: does not apply
c. same sovereign: same if city & state, not it state & state or fed & state |
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Term
| MBE Tips on double jeopardy: |
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Definition
When does jeopardy attach at the first proceeding?
1. In a jury trial, when jury is sworn
2. In a bench trial, when the first witness on the issue of guilt is sworn
a. Not for a witness on pre-trial motions
3. ct accepts plea w/o cond’n
ii. Assuming jeopardy has attached, are there exceptions?
1. First trial ended in a hung jury
2. D was convicted and appeals, making a request for a new trial
3. First trial ended in a mistrial that did not result from prosecutor’s misconduct
iii. What is meant by same offense?
1. If each of two crimes requires proof of a fact that the other does not
a. Crime #1 requires A, B, and C
b. Crime #2 requires A, B, and X |
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Term
| 49) exceptions to double jeopardy |
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Definition
| hung jury, mistrial/manifest necessity, successful appeal (u/l reversal based on insufficient evd), breach of plea agmt |
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Term
| 50) VA double jeopardy rules |
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Definition
| substantive bars later conspiracy, fed bars later state (if fed starts before state) |
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Term
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Definition
privilege agst compelled testimony, applies in any proceeding where testifying under oath
a. waiver: if not asserted at first appearance, and, if testifies, anything w/in scope of cross-examination
b. forcible extraction of blood, urine: does not apply
c. prosecution cannot comment: about decision not to testify and invocation of rt to silence
d. ?? no use or derivative use after grant of immunity??
e. not available if SOL has run |
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Term
| 6th amend--speedy trial, factors: |
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Definition
| length of/reason for delay (innocent/intentional), rt asserted, prejudices D |
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Term
| 53) VA preliminary crim hearing rt to prelim: |
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Definition
indictment not returned (waived if not raised before trial)
a. Potential decisions:
i. No PC discharge accused
ii. PC + misd proceed w/ trial
PC + felony certify to CCT, commit to jail, admit to bail |
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Term
| 54) VA original crim jurisdiction |
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Definition
| misd: GDC; prelim for felony: GDC; felony: CCT |
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Term
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Definition
death to SCOVA; others to VCA (no appeal of rt, final appeal for misd w/ no jail time)
a. CCT: appeals from GDC de novo
b. Appeal to SCOVA: death is automatic, otherwise 1) substantial const Q or 2) sig precedential value |
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Term
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Definition
felony: no limit; misd: 1 yr; continuing crime (e.g. desertion, nonsupport): no limit
a. Exception: petit larceny: 5 yrs |
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Term
| 57) VA forms of indictment |
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Definition
indictment, presentment, or information
a. errors that vitiate indictment: 1) failure to state offense and 2) systematic exclusion from grand jury based on race (note: not irregularities in time/manner) |
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Term
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Definition
| prepared by commonwealth atty, returned a true bill upon oath or affirmation of legally impaneled grand jury, signed by jury foreman |
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Term
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Definition
| prepared and returned by grand jury from its own knowledge or observation w/o any appropriate bill laid before them |
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Term
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Definition
| prepared and presented by competent public official upon his oath of office |
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Term
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Definition
| felony: not necessary if waived by accused; misd: not necessary if 1) waived by accused or 2) accused fails to appear |
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Term
| 62) VA criminal discovery, generally |
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Definition
trial ct can order disco of stmts or confessions by D including
a. written, recorded stmts by D in connection w/ a particular case
b. oral stmts made to police |
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Term
| 63) VA criminal discovery, |
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Definition
| requirements 1) relevant to case, 2) know in possession, custody, control of gov |
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Term
| 64) VA criminal reciprocal disco |
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Definition
| only attaches when D has been permitted some disco of state’s case |
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Term
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Definition
civil trial, suing gov for constitutional violation
a. possible grounds: basis for or manner of holding D is unconstitutional
b. venue: where D originally sentenced, u/l death penalty (goes directly to SCOVA) |
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Term
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Definition
non-waivable: appearance, failure to state offense; waivable: counsel, Miranda, jury
a. Others: waived by failure to assert |
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Term
| 2) basics of search and seizure |
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Definition
| D has a right to be free from an unreasonable search in all areas in which D has a reasonable expectation of privacy |
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Term
| a D has a reasonable expectation of privacy in |
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Definition
| his home, car, place of business, or personal effects |
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Term
| c. a D does not have a reasonable expectation of privacy in |
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Definition
| someone else’s home, car, place of business, or personal effects, or in any open field on your propety, in any garbage put out, or in public |
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Term
| d. if no reasonable expectation of privacy, then cannot complain about |
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Definition
|
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Term
| e. if D has a reasonable expectation of privacy, the can complain about |
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Definition
|
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Term
| f. a search is reasonable if the |
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Definition
| police had a search warrant based on probable cause or falls into a warrant exception |
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Term
| as to the arrestee's car, when police make a valid arrest, may make a search of |
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Definition
area in the control of the driver as a search incident to an arrest (entire passenger area of a car, incl unlocked glove compartment). However, once arrested driver is under complete control of police (secure in the squad car), can only search the car incident to the arrest of the driver only if they believe that an item of the arrest is still in the car
i. trunk will never be considered with the immediate control of the driver, so cannot search the trunk incident to the arrest of the driver |
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Term
| j. if conducting a legitimate search, they can seize |
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Definition
| any illegal item they encounter |
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Term
| k. if search was unreasonable, usual remedy will be |
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Definition
| to suppress evidence that resulted from the search. |
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Term
| if search is unreasonable, will not be suppressed if |
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Definition
i. police believe in good faith that they have a good warrant
ii. when there is a trial other than on the merits (e.g. grand jury, sentencing, etc.)
iii. when evidence is used to impeach a D that is testifying
iv. here, search is not constitutional, but not getting the remedy for unconstitutional search |
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Term
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Definition
voluntary movement (u/l legal duty: statute, agmt, relationship, assumption, create peril)
a. requires knowledge of duty and ability to act |
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Term
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Definition
| actual (but for) + proximate (natural, probable, foreseeable, fairness) |
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Term
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Definition
| general intent, specific intent, malice, strict liability; see also MPC |
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Term
| 4) specific intent as mental state |
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Definition
can only be established by intent, super-reckless not good enough
b. mistake w/ respect to a critical fact, it does not matter if reasonable
c. voluntary intoxication is a defense, but must be so drunk that D does not know what it is doing |
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Term
| 5) malice as mental state |
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Definition
a. can be established by intent or super recklessness
b. if D makes a mistake with respect to a critical fact found in the definition of the crime, the mistake must be reasonable
c. voluntary intoxication is NOT a defense |
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Term
| 6) recklessness as mental state 3 important rules |
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Definition
a. can be established by intent or super recklessness (extreme deviation from normal behavior)
b. if D made a mistake w/ respect to a critical fact of an element of crime—it must be reasonable
c. voluntary intoxication is not a defense to recklessness—drunkenness is reckless behavior
d. note: rape is a reckless crime, thus intoxication is not a defense! |
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Term
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Definition
| knows, believes, or is substantially certain |
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Term
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Definition
| battery, false imprisonment, kidnapping, forcible rape |
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Term
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Definition
| assault, attempt, burglary, conspiracy, embezzlement, false pretenses, forgery, larceny, first degree murder, robbery, solicitation |
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Term
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Definition
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Term
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Definition
| 1) attempt battery or 2) create reasonable apprehension of imminent bodily harm with specific intent |
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Term
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Definition
| general intent + unlawful application of force + to person + bodily injury or offensive touching |
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Term
| 13) aggravating assault or battery |
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Definition
| weapon, vulnerable victim, or intent to commit robbery or rape |
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Term
| 14) VA: malicious wounding |
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Definition
shooting, stabbing, cutting, or wounding + intent to maim
a. aggravated if seriously injured |
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Term
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Definition
| cause death of another (not fetus) + malice aforethought |
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Term
| 16) 4 ways to commit murder: |
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Definition
a. with intent to kill
b. with intent to cause great bodily harm
c. with extreme recklessness (depraved heart)
d. felony murder |
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Term
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Definition
during or immediate flight + separate from felony + in furtherance + foreseeable + victim not felon + D is guilty of felony + felony is inherently dangerous
a. must actually commit? majority = caused by co-felon; minority = committed by co-felon |
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Term
| MBE: first degree murder |
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Definition
1) premeditation + deliberate (or intent to kill) or 2) felony murder
a. mental state premeditation + deliberate can be formed in an instant, essentially intent to kill
b. intent to cause bodily injury and depraved heart always murder in second degree under statute that says all murder not first degree is second degree |
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Term
| MBE: second degree murder |
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Definition
| any murder not first degree murder |
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Term
| MBE: voluntary manslaughter |
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Definition
(provocation/heat of passion) intent to kill + heat of passion + adequate provo
a. adequate provocation: would arouse sudden, intense passion in mind of ordinary person; e.g. serious assault or battery, finding sp in bed w/ another, but NOT mere words
b. sometimes known as: “extreme emotional disturbance for which there is a reasonable excuse”
c. always murder |
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Term
| MBE: involuntary manslaughter (or reckless killing) |
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Definition
| 1) criminal negligence or 2) during crime + not felony murder |
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Term
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Definition
| 1) willful + deliberate + premeditate + aggravated circumstance or 2) FM trigger-man |
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Term
| 24) VA first degree murder |
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Definition
| if not capital, 1) poison, lying in wait, imprisonment, or starvation; 2) willful + deliberate + premeditate; or 3) VA felony murder |
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Term
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Definition
any murder in furtherance of specified felonies
a. arson, rape, forcible sodomy, robbery, burglary, abduction, inanimate object sexual penetration |
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Term
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Definition
false imprisonment + moving or concealing in secret + general intent
a. aggravated: collect ransom, commit robbery/rape, child |
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Term
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Definition
| confinement + unlawful + w/o consent + general intent |
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Term
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Definition
by force, intimidation or deception + w/o legal excuse + w/ intent to 1) deprive personal liberty or 2) w/hold from person lawfully entitled to his charge + no asportation required
a. Aggravated: export money, rape/defile, female for prostitution |
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Term
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Definition
| w/o consent + accomplished 1) by force/threat or 2) when victim is unconscious |
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Term
| MBE: for statutory rape, minority view: reasonable mistake (is / is not) a defense |
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Definition
| reasonable mistake is a defense (minority view) |
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Term
| 31) VA rape marital exception |
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Definition
| abolished, but 1) spouses live separate or 2) serious injury by force/violence |
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Term
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Definition
| under age 13 = rape; age 13-15 = class 4 felony; limited if accused is minor + consent |
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Term
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Definition
| take mere possession of another’s property with intent to permanently deprive and not under claim of right, a. c/l: em’ee not guilty of larceny if already in possession |
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Term
| MBE: 34) scenario: theft by an employee |
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Definition
a. theft by employee is larceny or embezzlement
b. if Q states the employee had custody, larceny
c. if Q states the employee had possession, embezzlement
d. if no mention, and low level employee, larceny
e. if no mention, and high level employee, embezzlement |
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Term
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Definition
| larceny by force or intimidation from the other’s person or presence with intent to permanently deprive the other of the property |
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Term
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Definition
| use of another’s property that is already in D’s possession with intent to permanently deprive |
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Term
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Definition
| take title + another’s property + intentional false statement |
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Term
|
Definition
| take possession + another’s prop + intentional false stmt + intent to permanently deprive |
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Term
|
Definition
| making/altering + to make false + intent to defraud |
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Term
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Definition
| offering forgery as genuine + intent to defraud |
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Term
|
Definition
| destroying/damaging + another’s property + intent to defraud??? |
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Term
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Definition
any crime that would be larceny, embezzlement, or false pretenses
a. grand larceny: 1) from person + >$5, 2) not from person + >$200, or 3) w/ any firearm
b. petit larceny: not grand larceny
c. presumptions: larceny if unexplained, exclusive possession of recently stolen property
d. note: lesser included offense of robbery |
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Term
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Definition
obtaining property by threat of injury
a. property: money, pecuniary benefit, any note or evd of debt
b. threat: incl note/email to kill, injure members of family
c. injurty to: character, person, property, or accusation of any offense |
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Term
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Definition
control + opportunity to terminate + know of character + know of control
a. constructive control: close enough to control |
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Term
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Definition
breaking & entering into another’s dwelling at night with intent to commit felony
a. at night: don’t worry about day or night unless they ask for the common law
b. dwelling: customarily for sleeping |
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Term
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Definition
entering another’s building with intent to commit felony
a. breaking required if during the day |
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Term
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Definition
burning a building + malice
a. burning = material waste
b. building = at common law, has to be the dwelling of another
c. malice = intent or extreme recklessness (no transferred intent) |
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Term
|
Definition
| burning or destroying any dwelling + malice |
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Term
|
Definition
help + intent
a. help = aid or encourage
b. intent = intent that crime is committed |
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Term
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Definition
1st degree principal, 2nd degree principal, accessory before the fact, accessory after the fact
a. 1st degree principal: commits at least one element of crime
b. 2nd degree principal: presence + overt act or shared intent
c. accessory before the fact: no presence + prior assistance
d. accessory after the fact: prin commits felony + knowledge + assist w/ intent to avoid prin’s arrest |
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Term
| 51) scope of accomplice liability |
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Definition
crimes aided/encouraged + foreseeable crimes along w/ aided crime
a. not accomplice: mere presence, mere knowledge, victim
b. w/drawl: encourager discourages, aider neutralizes or prevents |
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Term
|
Definition
all prin in felony except accessory after fact (only 1st degree prin gets death penalty)
a. no conviction reqd: but requires prepond of evd to show commission of felony
b. w/drawl (any accomp): before complete, complete w/drawl, disapproval, do all possible to prevent |
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Term
|
Definition
| request to commit + intent to commit |
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Term
|
Definition
specific intent + close proximity (or substantial step)
a. MPC (majority): subst step + strongly corroborative, c/l: dangerously close
b. VA: direct act, falls short |
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Term
| 55) impossibility defense to attempt |
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Definition
| factual: not a defense; legal: can be a defense |
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Term
|
Definition
agreement between 2 or more guilty minds with intent to agree and intent to achieve objective of the agreement
a. modern law: almost every jurisdiction requires an overt act & the MPC requires only 1 guilty mind)
b. co-conspirators: guilty of any substantive crime in furtherance + foreseeable
c. effect of withdrawl: off the hook for all crimes after the withdrawl (but not conspiracy)
d. successful withdrawl: give it up and communicate w/ all conspirators in time to change their plans |
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Term
| 57) conspiracy conviction |
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Definition
| barred if convict of underlying felony u/l single trial or separate substantive conviction |
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Term
|
Definition
| 2 guilty minds w/ capacity + no overt act |
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Term
|
Definition
willful false swearing under oath or subsequently giving conflicting testimony under oath
a. Consequence: no political office, no jury duty
b. subordination: inducing another to commit perjury, punished as perjury |
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Term
|
Definition
| corrupt gift + intent to influence |
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|
Term
| 61) VA obstruction of justice |
|
Definition
| attempt to intimidate or make false stmts willfully to enforcement officers |
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Term
|
Definition
| knowingly give false reports to officer + intent to mislead investigation |
|
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Term
| 63) VA concealing/compounding evd |
|
Definition
| 1) taking $ not to prosecute or 2) concealing/destroying evd w/ specific intent to hinder |
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Term
| 64) VA resisting arrest |
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Definition
|
|
Term
|
Definition
| mistake, insanity, intoxication, necessity, duress, entrapment, self-defense |
|
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Term
|
Definition
| mistake of fact (specific: honest; general: honest and reasonable), mistake of law (no defense) |
|
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Term
| 71) VA insanity defense |
|
Definition
| 1) either m’naughten or impulse + 2) 60 day notice + 3) D has burden to satisfy jury |
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Term
|
Definition
| (i) did not know that his act would be wrong; or (ii) did not understand the nature and quality of his actions |
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Term
|
Definition
| absolves a defendant who can distinguish right and wrong but is nonetheless unable to stop himself from committing an act he knows to be wrong. |
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Term
|
Definition
| crime was the product of his mental illness (i.e., crime would not have been committed but for the disease) |
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Term
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Definition
| at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. |
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Term
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Definition
1) voluntary: only a defense to specific intent crimes; 2) involuntary: insanity test
a. voluntary intoxication: only a defense if in stage 9 of 9
b. VA: voluntary intoxication is not a defense unless it is permanent |
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Term
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Definition
| reasonable belief that necessary to prevent greater harm + not homicide |
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Term
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Definition
| forced to commit + threat of death or bodily injury + not homicide |
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Term
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Definition
c/l: originated w/ gov + D not predisposed
a. VA predisposition: shown by similar crime if 1) close in time + 2) probative value > prejudice |
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Term
| 76) c/l use of force to defend self |
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Definition
| nondeadly: reasonably necessary + imminent unlawful force; deadly: imminent threat of death or serious injury + not initial aggressor (u/l sudden escalation) + no retreat avail |
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Term
| 77) VA use of force to defend self |
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Definition
| nondeadly: reasonable appearance + D’s subjective viewpoint at time + no retreat duty; deadly: defender w/o fault (unless ttl abandonmt) + duty to retreat if safe (u/l on own premises) |
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Term
| 78) mistake on use of force |
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Definition
| OK if reasonable; if unreasonable: c/l = not self-defense, MPC = mitigates |
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Term
| 79) use of force to prevent crime |
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Definition
| nondeadly: if necessary; deadly: only to prevent felony risking human life |
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Term
| 80) use of force to defend others |
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Definition
| c/l: reasonable belief of right; VA: D steps into shoes |
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Term
| 81) c/l use of force in defense of dwelling |
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Definition
| nondeadly: reasonably believe necessary to prev/term unlawful entry; deadly: tumultuous entry or felonious intent + necessary |
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Term
| 82) VA use of force in defense of dwelling |
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Definition
| nondeadly: to prevent entry, deadly: fear of great bodily injury |
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Term
| 83) use of force to defend property nondeadly: |
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Definition
| in possession or immediate pursuit + unlawful interference; deadly: NEVER. |
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Term
| 84) use of force in resisting arrest |
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Definition
| majority: arrest improper + nondeadly force |
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Term
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Definition
self-defense, mistake of fact, and voluntary intoxication
a. self defense
b. mistake of fact: when must be reasonable, when can be unreasonable
c. when defense can be used, and what level of intoxication is necessary if you can use it |
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