SPEA-V 184 | A+ Graded File with Full-Length
Q&A , Political Systems, Governance & Public
Management
Two key definitions of insanity - why do we not punish insanity? - ✔✔M'Naghten: defect of
reason, from disease of the mind, as not to know the nature and quality of the act he was
doing; or if he did know it, that he did not know he was doing what was wrong
What are included in the term "inchoate crimes," what are examples? - ✔✔• Attempt
• Solicitation
Conspiracy
Categories of homicide - ✔✔• Homicide (Under MPC)
• Murder
• A killing that is caused purposely, knowingly, or recklessly "under any circumstnaces
manifesting extreme indifference to the value of human life."
• Manslaughter
• Voluntary: killing in the heat of passion resulting from adequate provocation by the victim
• Involuntary: killing resulting from criminal negligence; killing in the course of a misdemeanor
• First Degree Murder: "classic" model two types
- Premeditated killing
• Defendant ("D") acted with knowledge or intent that his or her conduct would cause death
- Felony Murder
• Any killing, even accidental, committed during the course of another type of felony
• Second Degree Murder
- General intent
- Highly reckless conduct with an extreme indifference to human life
• Manslaughter
- Voluntary: killing in the heat of passion resulting from adequate provocation by the victim
- Involuntary: killing resulting from criminal negligence; killing in the course of a misdemeanor
, Fourth Amendment issues, including
Terry stop - definition and legal standard?
warrantless searches (what are exceptions?) - ✔✔Terry Stop
• Also known as "stop and frisk"
• Pat-down to check for weapons, justified by concern for officer safety
• Investigation of suspicious conduct
• Reasonable suspicion
• ISSUE: police in a lot of dangerous neighborhoods but also stopping people racially biased
bc they are canvasing certain "dangerous neighborhoods"
Exceptions:
• Warrant Exceptions
• Search incident to a lawful arrest
• Plain view
• Consent
• Hot pursuit & evanescent evidence
- "evanescent" = fleeting or about to disappear
• Exigent circumstances
• Automobile exception
• Terry investigative detention and/or pat down
• Automobile Exception:
• cars can be searched with ONLY probable cause (no warrant required)
• WHY?
• Mobility
• Lower expectation of privacy
• Ease with which evidence can be destroyed
How to identify the elements of a crime from statute (combination of act and intent - ✔✔Crim
Law requires culpability (intent to commit a crime or be very careless) & blameworthiness
(someone did something wrong).
Q&A , Political Systems, Governance & Public
Management
Two key definitions of insanity - why do we not punish insanity? - ✔✔M'Naghten: defect of
reason, from disease of the mind, as not to know the nature and quality of the act he was
doing; or if he did know it, that he did not know he was doing what was wrong
What are included in the term "inchoate crimes," what are examples? - ✔✔• Attempt
• Solicitation
Conspiracy
Categories of homicide - ✔✔• Homicide (Under MPC)
• Murder
• A killing that is caused purposely, knowingly, or recklessly "under any circumstnaces
manifesting extreme indifference to the value of human life."
• Manslaughter
• Voluntary: killing in the heat of passion resulting from adequate provocation by the victim
• Involuntary: killing resulting from criminal negligence; killing in the course of a misdemeanor
• First Degree Murder: "classic" model two types
- Premeditated killing
• Defendant ("D") acted with knowledge or intent that his or her conduct would cause death
- Felony Murder
• Any killing, even accidental, committed during the course of another type of felony
• Second Degree Murder
- General intent
- Highly reckless conduct with an extreme indifference to human life
• Manslaughter
- Voluntary: killing in the heat of passion resulting from adequate provocation by the victim
- Involuntary: killing resulting from criminal negligence; killing in the course of a misdemeanor
, Fourth Amendment issues, including
Terry stop - definition and legal standard?
warrantless searches (what are exceptions?) - ✔✔Terry Stop
• Also known as "stop and frisk"
• Pat-down to check for weapons, justified by concern for officer safety
• Investigation of suspicious conduct
• Reasonable suspicion
• ISSUE: police in a lot of dangerous neighborhoods but also stopping people racially biased
bc they are canvasing certain "dangerous neighborhoods"
Exceptions:
• Warrant Exceptions
• Search incident to a lawful arrest
• Plain view
• Consent
• Hot pursuit & evanescent evidence
- "evanescent" = fleeting or about to disappear
• Exigent circumstances
• Automobile exception
• Terry investigative detention and/or pat down
• Automobile Exception:
• cars can be searched with ONLY probable cause (no warrant required)
• WHY?
• Mobility
• Lower expectation of privacy
• Ease with which evidence can be destroyed
How to identify the elements of a crime from statute (combination of act and intent - ✔✔Crim
Law requires culpability (intent to commit a crime or be very careless) & blameworthiness
(someone did something wrong).
