Crim

Question 1

Specific intent

Answer 1

1. Solicitation- have person do crime
2. Attempt- intent to complete crime
3. Conspiracy- intent to have crime completed
4. Forgery, false pretenses, embezzlement- intent to defraud

Question 2

Malice

Answer 2

Reckless disregard if an obvious or high risk that harmful result will occur

Question 3

MPC mental states

Answer 3

1. Purposeful
2. Knowingly- awareness conduct will produce result
3. Recklessly- conscious disregard of unjustifiably high risk
4. Negligently- failure to be aware of substantial and unjustifiable risk

Question 4

Accomplice intent

Answer 4

1. Intent to assist principal

2. Intent principal commit crime

Question 5

Conspiracy elements

Answer 5

1. Agreement
2. Intent to enter agreement
3. Intent to achieve objective of agreement

Modern trend - unilateral, act in furtherance
Traditional rule- bilateral, no act needed

Chain conspiracy
Hub and spoke

Question 6

M’naghten rule

Answer 6

1. Disease of mind
2. Defect of reason
3. Unable to know wrongfulness or understand nature and quality of actions

Question 7

Durham test

Answer 7

Crime was product of mental illness (new hampshire only)

Question 8

Model penal code insanity test

Answer 8

Mental defect
1. Lacked substantial capacity to
A. Appreciate criminality
B. Conform his conduct to requirements of law

Question 9

Entrapment

Answer 9

1. Criminal design originated with law enforcement

2. Not predisposed

Question 10

Common Law murder

Answer 10

Unlawful killing with malice aforethought

1. Intent to kill
2. Intent to grievous body harm
3. Reckless indifference to unjustifiably high risk to human life
4. Intent to commit a felony

Intentional use of deadly weapon-> permissive inference of intent to kill

Question 11

Voluntary manslaughter

Answer 11

Murder+adequate provocation

1. Provocation-> sudden intense passion causing loss of self control
2. Provoked
3. Not sufficient time to cool off
4. Did not cool off

Question 12

Felony murder

Answer 12

1. BARRK felony
2. Defendant must have committed or intended felony
3. Distinct from killing
4. Death foreseeable
5. Caused before defendants flight ended
6. Most jurisdiction- not liable for cofelons deat

Agency theory- killing must be by felon or his agent

Question 13

Murder causation

Answer 13

1. But for

2. Cause in fact

Question 14

Kidnapping

Answer 14

1. Movement

2. Concealment

Question 15

Rape

Answer 15

1. Intercourse

2. Lack of consent

Question 16

Larceny

Answer 16

1. Taking
2. Carrying away
3. Of tangible personal property
4. Of another
5. By trespass
6. With intent to permanently deprive

Question 17

Embezzlement

Answer 17

1. Fraudulent
2. Conversion
3. Of personal property
4. Of another
5. By a person with lawful possession

Question 18

False pretenses

Answer 18

1. Obtaining title
2. To personal property of another
3. By intentional false statement
4. With intent to defraud

Question 19

Robbery

Answer 19

1. Taking
2. Of personal property of another
3. From person or presence
4. By force or threats
5. With intent to permanently deprive

Question 20

Extortion

Answer 20

1. Obtaining property by means of threats to do harm

2. Crime usually complete when threats made, need not obtain property

Question 21

Receipt of stolen property

Answer 21

1. Receiving Possession or control
2. Of stolen personal property
3. Known to have been obtained in a manner constituting criminal offense
4. By another person
5. With intent to criminally deprive owner of interest

Question 22

Burglary

Answer 22

1. Breaking (minimal force)
2. Entry
3. Of a dwelling
4. Of another ( ownership irrelevant, occupancy matters)
5. At nighttime
6. With intent to commit felony

Question 23

Arson

Answer 23

1. Malicious
2. Burning
3. Of dwelling
4. Of another

Question 24

4th amendment

Answer 24

Freedom from unreasonable search and seizure

Question 25

Arrest

Answer 25

Probable cause required- reasonable belief has committed or is committing a crime Warrant required only for home arrest

Question 26

Stop and frisk

Answer 26

1. Reasonable suspicion supported by articulable facts | 2. May frisk for weapons if reasonable suspicion armed and dangerous

Question 27

Road blocks

Answer 27

1. Reasonable articulable standard | 2. Purpose related to automobiles

Question 28

Police officer mistake

Answer 28

Does not invalidate if reasonable mistake

Question 29

Car stop standing

Answer 29

Seizure of all occupants All occupants have standing

Question 30

Warrant exceptions

Answer 30

1. Constitutional arrest 2. Automobile search 3. Plain view 4. Consent 5. Stop and frisk 6. Hot pursuit

Question 31

Probable cause that car contains contraband

Answer 31

May search containers/ trunk

Question 32

6th amendment

Answer 32

1. Right to counsel 2. After judicial proceedings have begun 3. All critical stages of prosecution 4. Offense specific Remedy Unless harmless error, automatic reversal of conviction

Question 33

5th amendment

Answer 33

Miranda warnings 1. Custodial- not free to leave 2. Interrogation- coercive pressures Likely to elicit response

Question 34

Miranda waiver

Answer 34

Must be knowing and voluntary

Question 35

Identification due process standard

Answer 35

1. Unnecessarily suggestive | 2. Substantial likelihood of misidentification

Question 36

Exclusionary rule

Answer 36

Excluded evidence in violation if 4,5,6 amendment rights Fruit of poisonous tree

Question 37

Co defendant confession

Answer 37

Admitted if A. Portions referring to other defendant eliminated B. Confessing defendant takes stand/ subject to cross C. Being used to rebut defendants claim that confession was obtained coercively

Question 38

Double jeopardy

Answer 38

Attaches at empaneling First witness for bench trials Exceptions: 1. Hung jury 2. Successful appeal 3. Charges reinstated after breach of plea bargain 4. Offenses tried separately