Crim

Question 1

rule of merging crime charges

Answer 1

Generally, crimes don’t merge.
solicitation and attempt merges
conspiracy does not merge

Question 2

What does a crime include?

Answer 2

Act
Mental State
concurring together
causation
result

Question 3

2 defenses available only for specific intent crimes

Answer 3

voluntary intoxication

unreasonable mistake of fact

Question 4

specific intent crimes

Answer 4

BAFFLERS CAM

Burglary
Assault
False Pretenses
Forgery
Larceny
Embezzlement
Robbery
Solicitation
Conspiracy
Attempt
Murder (1st degree premeditated)

Question 5

common law mens rea standards

Answer 5

specific intent
general intent
malice/reckless disregard
strict liability (no mens rea)

Question 6

MPC mental state standards

Answer 6

□ Purposely- consciously
□ Knowingly- with awareness
□ Recklessly- conscious disregard of
□ Negligently- objective standard, fail to be aware of

Question 7

inchoate crimes

Answer 7

conspiracy
solicitation
attempt

Question 8

types of homicide

Answer 8

1st degree murder- intent
2nd degree murder- reckless indifference
attempted murder- intent to injure
felony murder- intent to commit felony that causes death
voluntary manslaughter- adequate provocation
involuntary manslaughter- criminal negligence

Question 9

larceny

Answer 9

Trespass of personal property without consent

Question 10

embezzlement

Answer 10

Misappropriates property when it is in rightful possession

Question 11

false pretenses

Answer 11

Obtaining title to personal property by intentional false statement with intent to defraud

Question 12

robbery

Answer 12

Force or threats of immediate harm used to get property from owner’s presence with intent to permanently deprive

Question 13

extortion

Answer 13

threats of future harm

Question 14

receipt of stolen property

Answer 14

Receiving possession and control of stolen property with intent to deprive owner

Question 15

forgery

Answer 15

making a writing that is false with intent to defraud

Question 16

burglary

Answer 16

Actual breaking into and entering a dwelling of another, at nighttime, with intent to commit felony in structure

Question 17

criminal defenses

Answer 17

insanity
intoxication
infancy
self-defense
duress
necessity
mistake or ignorance of fact or law
entrapment

Question 18

4th amendment

Answer 18

Not allowed:

unreasonable
search or seizure
by govt actor
under totality of circumstances
without probable cause

Question 19

Terry stops and frisks under 4th amendment

Answer 19

brief detainment without probable cause as long as reasonable suspicion based on articulable facts under totality of circumstances

Question 20

automobile stops under 4th Amendment

Answer 20

does not need probable cause as long as reasonable suspicion, sniff is not a search

Question 21

search and seizure of evidence

Answer 21

ok under 4th amendment when:

govt conduct against someone with a reasonable expectation of privacy and with a valid warrant or exception

Question 22

requirements for warrant

Answer 22

probable cause and particularity

Question 23

exceptions to warrant

Answer 23

• contemporaneous to arrest
• vehicle that contains evidence (probable cause)
• plain view
• consent
• Terry stop and frisk (reasonable suspicion)
• evanescent evidence
• hot pursuit
• emergency aid
• public school extracurriculars
• airlines

Question 24

confessions under DP- include into evidence?

Answer 24

involuntary confessions not allowed, if harmless error then won’t be overturned

Question 25

Miranda warning and when is it required

Answer 25

right to remain silent
anything can be sued against
right to attorney
one can be appointed

required before any type of custody or interrogation

Question 26

exceptions to the exclusionary rule/fruits of poisonous tree doctrine

Answer 26

Violations of Miranda
Obtained from independent source
Attenuation- casual link between misconduct and evidence is broken
D’s intervening acts of free will
Violations of knock and announce rule when there’s a warrant
Inevitable discovery