Affirmative Defenses
what is entrapment
A negligent killing will result in this charge
What is involuntary manslaughter
This crime involves taking (or retaining!) an object through force or threat of force
What is robbery
This prankish offense punishes those who cause property problems
what is criminal mischief
In order to search your home, police need these two things
What are probable cause and a warrant
What is consent?
This is the level of intent required for Felony Murder
What is strict liability? (also what is none?)
Obtaining property legally, then converting it to your own purposes
what is embezzlement
The minimum distance a victim must be moved for a defendant to be guilty of kidnapping
what is none/there is no minimum
This question determines whether the 4th amendment applies to a situation
What is whether the person had a reasonable expectation of privacy
The main question used in the M'Naghten Test
what is "whether the defendant knew right from wrong"
A person is considered to have died when this occurs
What is brain death OR cessation of bodily functions
The crime of using a falsified document
What is uttering?
Historically, this crime requiring a felonious mind could only take place at night
What is burglary?
Miranda rights apply in this scenario only
What is when the suspect is in custody
This affirmative defense could technically replace all the others - an action to prevent a greater harm
What is necessity?
At viability
The simplest form of property crime - taking and carrying away
what is larceny
Hot-headed judges sometimes accept this minor impairment as satisfying arson statutes
what is smoke damage
This rule prevents police from using illegal searches to provide clues for later, legal searches
What is the fruit of the poisonous tree
A person who honestly, but unreasonably believed in the need to defend themselves might be able to get this flawed self-defense outcome
What is imperfect self-defense / manslaughter
In order to prove premeditation, courts typically require one of two things
What is evidence of planning OR what is motive+a killing that implied planning
False Pretenses
An example of constructive force in burglary prosecutions
What is (any of these) fraud, misrepresentation, threat of force
This exception to the warrant requirement would allow police to search closets, but not safes
What is "protective sweep" - (would also accept hot pursuit, incident to arrest, or emergency if they justify it in the language of protective sweep)