Crim Law

Question 1

Accomplice

Answer 1

a person who aids or encourages another to commit the illegal conduct
must have the same mens rea that is required on the part of the actual perpetrator of the target crime
liable for the original crime and other foreseeable crimes committed by the principal in furtherance of the crime

Question 2

Murder

Answer 2

the unlawful killing of another human with malice aforethought.
Malice refers to the mens rea required for a murder conviction.
Malice aforethought arises when the D commits the unlawful killing with one of the following mental states:
(1) intent to kill,
(2) intent to inflict great bodily harm or depraved/malignant heart (a killing committed w/ reckless indifference to an unjustified risk of human life).

Common law murder is not a specific intent crime.

For a homicide conviction, the D’s act must have been the proximate cause of the death of a victim

Question 3

Manslaughter

Answer 3

a killing committed w/ reckless or criminal negligence, or during the commission of an unlawful act. The term “criminal negligence” essentially describes a D’s simultaneous understanding and disregard of a substantial risk of harm. This is a lesser degree of homicide than murder

Question 4

Burglary

Answer 4

breaking and entering into the dwelling of another, at nighttime, with the specific intent to commit a larceny or felony therein.

Question 5

Miranda rights

Answer 5

(i) He has the right to remain silent;
(ii) Anything he says can be used against him in court;
(iii) He has the right to the presence of an attorney; and
(iv) If he cannot afford an attorney, one will be appointed for him if he so desires.

If a detainee invokes his Miranda right to counsel, the police may NOT question him about an unrelated crime.

Question 6

Waiver of Miranda rights

Answer 6

A waiver will be valid if it was knowing, voluntary, and intelligent.

Question 7

When do Miranda rights apply?

Answer 7

the Fifth Amendment right to counsel under Miranda applies only to custodial interrogations by the police or one known to be an agent of the police

Question 8

When does jeopardy attach to a jury trial?

Answer 8

Jeopardy attaches in a jury trial when the jury is empaneled and sworn. Under the Fifth Amendment right to be free of double jeopardy, a defendant may not be retried for the same offense once jeopardy has attached.

Question 9

Robbery

Answer 9

the taking and carrying away of the personal property of another from the other’s person or presence by force or intimidation

Question 10

Larceny

Answer 10

(i) a taking;
(ii) and carrying away;
(iii) of tangible personal property;
(iv) of another;
(v) by trespass;
(vi) with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property.

Question 11

Malice aforethought

Answer 11

(i) intent to kill;
(ii) intent to cause serious bodily harm;
(iii) the depraved heart killing (a reckless indifference to an unjustifiably high risk to human life); or
(iv) the commission of a felony

Question 12

Involuntary manslaughter

Answer 12

unintentional killing that results from criminally negligent conduct

mens rea of criminal negligence: fails to be aware of a substantial and unjustifiable risk, and this fails constitutes a substantial deviation from the standard of care that a reasonable person would have exercised in the same situation

some states use a recklessness standard for involuntary manslaughter and require that the person consciously disregard a substantial and unjustifiable risk

Question 13

M’Naghten rule

Answer 13

a defendant is entitled to an acquittal if the proof establishes:

(1) a disease of the mind
(2) caused a defect of reason,
(3) such that the defendant lacked the ability at the time of his actions to either (A) know the wrongfulness of his actions or (B) understand the nature and quality of his actions.

Question 14

Larceny by trick

Answer 14

victim consents to D taking possession of the property but consent is induced by misrepresentation or deceit

If a victim intends to convey only possession of the property to the defendant, the offense is larceny by trick. However, if the victim intends to convey title, the offense is false pretenses.

Question 15

Embezzlement

Answer 15

the misappropriation of property of another by one who is in rightful possession of it

tends to come up when there’s a bailment

Question 16

False pretenses

Answer 16

(1) obtains title
(2) by false representation
(3) of a material present or past fact
(4) w/ intent to defraud the victim

If a victim intends to convey only possession of the property to the defendant, the offense is larceny by trick. However, if the victim intends to convey title, the offense is false pretenses.

Question 17

Attempt

Answer 17

(1) the specific intent to commit the target offense, &
(2) an overt act in furtherance of that attempt (substantial step)

doctrine of transferred intent doesn’t apply to attempt

Question 18

Arson

Answer 18

the malicious burning of the dwelling house of another

malicious: intent or reckless disregard for whether it would result

specific intent crime

Question 19

Voluntary intoxication

Answer 19

only a defense to a specific intent crimes and only applies if the intoxication negates the requisite mental state for the charge

Exception: if you have the intent to commit a crime, and then you drink to work up your nerve, no defense

Question 20

Specific intent crime

Answer 20

crime that requires that the D do that act w/ intent to do the underlying offense

Question 21

Conspiracy

Answer 21

(i) an agreement between two or more persons;
(ii) an intent to enter into an agreement; and
(iii) an intent to achieve the objective of the agreement.

In addition, most states require an overt act in furtherance of the conspiracy, although an act of mere preparation will usually suffice.

each person who took part in the planning of a crime is liable for the crime of conspiracy

one member of a conspiracy is liable for all crimes of her co-conspirators if those crimes were foreseeable and committed in furtherance of the conspiracy objective. Even if the co-conspirator is not present and took no physical part in the crime , she can be held liable

Question 22

Duress

Answer 22

not a defenses to murder (intentional homicide)

Under this defense, a person is not guilty of an offense, other than intentional homicide, if he performs an otherwise criminal act under the threat of imminent infliction of death or great bodily harm, provided that he reasonably believes death or great bodily harm will be inflicted on himself if he does not perform such conduct.

Question 23

Exclusionary rule

Answer 23

does not apply in grand jury proceedings

Question 24

Automobile search

Answer 24

a search incident to a lawful arrest doesn’t extend to the trunk

Question 25

Second degree murder

Answer 25

the intentional killing of a human being w/o premeditation and deliberation

Question 26

accessory after the fact

Answer 26

one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction

crime committed by the principal must have been completed at the time aid is rendered

Question 27

Assault

Answer 27

an affirmative act by the defendant done with the intent to place the plaintiff in apprehension of an imminent harmful or offensive contact to his person and that actually causes the plaintiff apprehension

Question 28

Harmless error test

Answer 28

a conviction will be upheld if the conviction would have resulted despite the improper evidence

on appeal, gov bears the burden of showing beyond a reasonable doubt that the admission was harmless

Question 29

Trial: Duty to disclose exculpatory info

Answer 29

Prosecutor’s failure to disclose evidence, whether willful or inadvertent, violates the Due Process Clause and may be grounds for reversal of a conviction if:

(1) evidence is favorable to the D, and
(2) prejudice has resulted, meaning there is a reasonable probability that the result would have been different had the info been disclosed

Question 30

Co-Defendant’s Confession

Answer 30

A confession implicating a co-defendant is prohibited and inadmissible at their trial

Prior testimonial evidence may not be admitted unless:

(1) Declarant is unavailable, and
(2) D had an opportunity to cross-examine the declarant at the time the statement was made

Question 31

Burden of Proof

Answer 31

State must prove every element of a crime beyond a reasonable doubt

Exception: Affirmative defenses (insanity, self-defense, etc) generally shift the burden of proof to the D

Question 32

Intervening act

Answer 32

An intervening act will shield the defendant from criminal liability when the intervening act is mere coincidence or unforeseeable. The intervening act will then be deemed to be the actual, proximate cause of the victim’s death.

Question 33

Plain view doctrine

Answer 33

An exception to the warrant requirement that allows the police to make a warrantless seizure when they:

(1) are legitimately on the premises;
(2) discover evidence, fruits, or instrumentalities of a crime, or contraband,
(3) see such evidence in plain view, AND
(4) have probable cause to believe or it is immediately apparent that the item is evidence, contraband, or a fruit or instrumentality of a crime

Question 34

Undercover officers utilizing deceit to gain consent for entry is permissible

Answer 34

a gov agent, in the same manner as a private person, may accept an invitation to do business and may enter upon the premises for the purposes contemplated by the occupant

Question 35

Solicitation

Answer 35

inciting counseling, advising, inducing urging, or commanding another to commit a crime w/ the specific intent that the person commit the crime. The offense is complete the moment the solicitation is made, regardless of agreement. Solicitation merges w/ the crime that was solicited if was actually committed. An accused, therefore, cannot be convicted of both solicitation and the principal offense