CRIMINAL LAW CHARTS

Homicide Chart

Murder Manslaughter
Intentional Unintentional Voluntary Involuntary

Intent to Kill Depraved Heart Adequate Provocation Grossly Negligent

❏ Acts with purpose; OR ❏ Reckless or grossly ❏ Heat of passion that Manslaughter
❏ Acts with knowledge negligent conduct would lead reasonable ❏ Defendant is unaware of
❏ That creates an extreme person to lose self control risk but a reasonable
risk (rage is hot) person would have been
❏ And demonstrates
wanton indifference and
conscious disregard

Felony Murder Diminished Capacity Reckless Manslaughter

❏ Unintentional killing ❏ Mental disturbance short ❏ Defendant subjectively
❏ Proximately caused of insanity (minority) aware of risk but chooses
❏ During commission, to ignore it
attempt, or flight from
❏ Inherently dangerous
felony
❏ BARRK

Intent to Seriously Injure Imperfect Self-Defense Misdemeanor Manslaughter

❏ Conscious desire to ❏ An honest but ❏ Unintentional killing
injure; OR unreasonable judgment ❏ Occurs during
❏ Substantial certainty that that deadly force is commission or attempt of
defendant’s actions will needed to protect misdemeanor
injure yourself or others ❏ Which is malum in se
 Property Crimes Chart

Larceny by Taking Larceny by Trick Embezzlement False Pretenses

Custody/ Trespassory taking Gain possession by Lawful possession but Unlawful transfer of title
Possession/ Title fraud unlawful conversion prior to possession

Actus Reus Trespassory taking and Inducement of Obtain (lawful) possession False pretense or
carrying away possession by fraud representation
Fraudulent conversion
Conversion Obtain title

Mens Rea Intent to permanently deprive Intent to permanently Intent to permanently Intent to defraud
deprive deprive

Defenses ➔ Believe it is your ➔ Believe it is ➔ Believe it is your No material reliance on

property your property property false representation
➔ Abandoned property ➔ Abandoned ➔ Abandoned
➔ Claim of right (even if property property
unreasonable) ➔ Claim of right ➔ Claim of right
(even if (even if
unreasonable) unreasonable)

Notes Lost property: reasonable Fraud vitiates consent Generally requires Person defrauded must
basis for finding the true element of entrustment have relied on the false
owner; wrongful intent when pretenses
the property found → focus
on the rational interference
drawn from the nature of the
finding

Continuing trespass →
resolves the problem of the
lack of concurrence between
taking and intent and the
time of the trespass
 Inchoate Crimes⎯Continuum of Crime Chart

Thought ​→ Solicitation ​→ Preparation ​→ Perpetration ​→ Consummation

↓ ↓ ↓ ↓ ↓
Request that Meeting of the minds Conspiracy Attempt Completed Crime
someone else commit (agreement)
the crime

Elements Proof Issues Consequences

Act: agreement ➔ Direct evidence Guilty of conspiracy

Reus: criminal partnership ➔ Circumstantial evidence Guilty of target offense or attempt
Mens rea: Foreseeable/furtherance crime of all
● Intent to agree co-conspirators
● Intent to commit a crime Infer a PRIOR agreement
Attendant Circumstances: overt act ● Express
● Implied
Self Defense Chart
 CRIMINAL PROCEDURE CHARTS
4th Amendment Search & Seizure Chart

What Police Know/Have Seizure (requirements) Search (requirements)

Nothing or Hunch Ask for CONSENT Ask for CONSENT

Reasonable Suspicion May briefly detain (Terry Stop) May pat down for weapons (Terry Frisk)

Probable Cause Arrest Full Search

 Statements & Confessions Chart

FOUR BASES TO EXCLUDE STATEMENTS AND CONFESSIONS

Approach Constitutional Basis/trigger/test

1. Voluntariness Approach​—Statements obtained by actual • Due Process Clause of 5th and 14th Amendments
coercion are involuntary and inadmissible for any purpose. • Triggered by government conduct that overbears the free will of the
suspect
• Totality of the circumstances

2. Right to Counsel Approach​—The deliberate elicitation of a • 6th Amendment Right to Counsel

statement from a defendant (someone who has been formally • Triggered by direct or surreptitious police questioning of a
charged) is inadmissible unless counsel was present or police defendant who without the lawyer present or a waiver
obtain a knowing and voluntary waiver.
• Was counsel present? If not, did defendant waive?

3. Miranda Rule​—Statements obtained as the result of custodial • 5th Amendment Privilege Against Self-Incrimination
interrogation are inadmissible in the prosecution case-in-chief in • Triggered by Custody + Interrogation
the absence of Miranda warnings and valid waiver.
• Did suspect make a knowing and voluntary waiver? If not,
statements violate Miranda.

4. Fruits of Illegal Conduct​—Statements that comply with the 3 • Fruit of the Poisonous Tree Doctrine
tests above may still be tainted if they are the “but for” • Triggered by a but for link between a constitutional violation and
consequences of a predicate constitutional violation—like an police obtaining the statement
unreasonable search or seizure.
• Is statement a product of prior violation? If so, can government
prove it is sufficiently attenuated from the poison tree?