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Confrontation Clause,The 6th Amendment of the US Constitution (6A) provides the right of individuals to confront their accuser in a criminal proceeding. The right applies to all testimonial evidence against the defendant.
Double Jeopardy,"The 5th Amendment of the US Constitution (5A) protects an individual from double jeopardy - or the right against being charged for the same crime twice. Jeopardy attaches when either the jury is empaled in a jury trial, or if the first witness has been sworn in a bench trial."
Felony Murder,does not apply to co-felons
Larceny,Larceny is defined as the taking and carrying away of the tangible personal property of another without consent with the extent to permanently deprive the original owner of his interest in the property.
Robbery,Robbery is larceny with the added element of the defendant taking the victim’s property by use of force or threat of force.
Larceny by trick,Larceny by Trick is defined as larceny where the defendant obtains possession of the property via misrepresentation.
Motion to Suppress (4A),"The 4th Amendment of the US Constitution (4A) protects defendants from unreasonable searches and seizures. Evidence obtained in violation of 4A may be suppressed under the exclusionary rule. Furthermore, under the ‘fruit of the poisonous tree doctrine,’ any derivative evidence obtained through an illegal 4A search may be suppressed. For the 4A to apply there must be 1) state action, 2) the defendant must have had a reasonable expectation of privacy in the items/areas to be searched/seized, and 3) one of a) there must have been a valid search warrant, b) if the search was invalid, the police must have relied on the warrant if in good faith or c) if there was no warrant, if an exception to the warrant requirement applies."
Receiving Stolen Property,"Receiving stolen property is defined as receiving possession and control of stolen property, known to have been stolen by another person, with the intent to permanently deprive the original owner of his interest in the property"
Search Incident to Arrest,"For the search incident to an arrest warrant exception to apply, there must have been a valid arrest. A valid arrest usually requires probable cause. Generally, if a police officer witnessed a felony or misdemeanor take place in his presence, he does not need a warrant."
Self-Incrimination,"The 5th Amendment of the US Constitution (5A) protects individuals from self-incrimination. As part of that right, individuals must be read their Miranda warnings before every custodial interrogation. A suspect is subject to a custodial interrogation if 1) he objectively feels like he is not free to leave and 2) is being interrogated by an officer with questions that the officer knows or should reasonably know will illicit incriminating responses. Once a defendant invokes his right to stay silent, the officer must cease all questioning, the officer may resume questioning if he waits a substantial amount of time, re-reads the suspect his Miranda rights, and obtains the individual’s consent."
Terry: Stop and Frisk,"Stop and Frisks under Terry v. Ohio are a valid exception to the search warrant requirement. The stop and frisk exception allows an officer to stop and question a suspect under reasonable suspicion that they are engaged in criminal activity, and may then perform a pat-down of the suspect if the cop reasonably believes the suspect is armed and dangerous."
Warrant Authorized Searches,A warrant authorized search are presumptively reasonable.
Exclusionary Rule,"Evidence seized in violation of the 4A is subject to the exclusionary rule. Further evidence gained from this excluded evidence is also inadmissible, as ‘fruit of the poisonous tree.’ However, evidence which is otherwise inadmissible under the 4A may be admitted under the independent discovery, intervening source, and inevitable discovery exceptions. The purpose of the exclusionary rule is to deter police conduct."
Wharton Rule,"The Wharton Rule states that in crimes where two or more people are necessary to commit a crime, an additional person who is not essential to the crime is needed to convict the members of conspiracy."
Murder,Murder is the unlawful killing of another human being with malice aforethought.
Voluntary Manslaughter,Voluntary Manslaughter is the killing in the heat of passion resulting from an adequate provocation. Adequate provocation must be 1) a serious and highly-provoking injury inflicted upon the accused or 2) an attempt by the deceased to commit serious personal injury to the accused.