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13 Cards in this Set

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Voluntariness (under 5A vol)
To be admissible, a confession must be a produce of rational intellect and free will. The court will examine the totality of the circumstances.
Miranda (5A)
Under Miranda, a police officer must advise a defendant of certain constitutional rights if the defendant is subject to custodial interrogation.
Custody (Miranda First Prong)
A defendant is in custody if subjected to physical restraint or deprived of his or her freedom in any significant way.
Interrogation (Miranda Second Prong)
A defendant is subject to interrogation where he is subject to words or actions by police that the police should reasonably know are likely to elicit an incriminating response.
Standing (re 4A)
In order to prove standing, a defendant must have a substantial ownership interest in the premises searched or a reasonable expectation of privacy in the search area.
Homicide
Criminal homicide is defined as a killing a human being by another with criminal intent.
Common Law Murder
Homicide committed with malice aforethought.
Malice aforethought.
requires actual intent to kill, an intent to inflict grave bodily injury, wantonness or conduct falling within the felony murder rule.
1st Degree Murder
Homicide with premeditation and deliberation.
2nd Degree Murder
Intentional killing with malice aforethought but without premeditation and deliberation. (Look for wanton heart disregard, or intent to cause serious harm)
Voluntary Manslaughter
Voluntary manslaughter is the intentional killing of another human being with some mitigating circumstance, such as alcohol intoxication, reasonable provocation, or imperfect self-defense.
Heat of passion killing (vol manslaughter variety):
provocation must be such that a reasonable person would kill and inadequate cooling time exists.
Involuntary Manslaughter
unintentional killing of another or a killing which happsn during an inherently dangerous misdemeanor.