1st Closed Book Rules - Crim

Question 1

6th Amend Right to Counsel

Answer 1

• right to effective counsel

- @ any post-charge line-up or show-up, including sentencing

Question 2

Due Process

Answer 2

Its a violation of due process if ID of a D based solely on totality of the circumstances is unnecessarily suggestive and so conducive to mistaken ID that is unfair to D

Question 3

Hearsay

Answer 3

Out-of-court statement offered for the TOMA and is inadmissible unless an exception or exemption applies

Question 4

Hearsay Exception: Prior Statement of ID

Answer 4

Prior ID made after perceiving him is substantively admissible if the declarant testifies at trial

Question 5

Common Law Murder

Answer 5

• The unlawful killing with malice aforethought.
• Malice = can prove by intent to;
• • kill
• • cause grievous bodily harm
• • reckless indifference to life
• • commit an inherently dangerous felony

Question 6

First-Degree Murder

Answer 6

A killing with premed + deliberation OR a killing that occurs during the commission of an inherently dangerous felony (burglary, arson, robbery, rape, kidnapping, or mayhem)

Question 7

Voluntary Manslaughter

Answer 7

A killing that would be murder but for adequate provocation.
- Provocation: the sort that would upset a RP; the D must have been upset; RP would not have had time to cool off; and D must not have cooled off

Question 8

Involuntary Manslaughter

Answer 8

A killing where D acted with gross negligence OR the death occurs during the commission of a misdemeanor

Question 9

Second-Degree Murder

Answer 9

A killingthat does not involve premeditation or deliberation, and is not any form of manslaughter

Question 10

Involuntary Intoxication

Answer 10

Treated as an illness and may provide a defense to all crimes if the D ingested the intoxicating substance unknowingly or under duress

Question 11

Voluntary Intoxication

Answer 11

Only a defense to specific intent crimes, but may provide a defense to the ability to form that specific intent