Crim Law Flashcards
does a grand jury witness have a constitutional right to have counsel present when giving testimony in front of the grand jury?
No
can a grand jury consider unconstitutionally seized evidence in returning an indictment?
Yes
If a person is authenticating a signature has only seen the sig once can that person authenticate
Yes, only needed to have seen it at any point and it does not have to be recent or more than once
Evidence of a D’s previous acts of sexual assault are …
admissible in a criminal case where the D is accused of sexual assault and are NOT limited to impeachment purposes - may come in as substantive evidence
does waiver of the right to remain silent applies to all potential subject of an interrogation?
Yes
for robbery conviction does the intent not to use force negate the intention requirement?
No, the required intent is only the intent to permanently deprive
T/F: The right to counsel under the 6th A applies to all trials
False, does not apply to misdemeanor trials UNLESS the sentence of imprisonment is actually imposed
Depraved heart is considered
malice murder - reckless indifference to an unjustifiably high risk to human life
T/F: felony murder involves a death that occurs during the commission of a felony
False, only includes inherently dangerous felony
What are inherently dangerous felonies?
Burglary
Arson
Rape
Robbery
Kidnapping
Arson at common law includes the burning of one’s or another’s dwelling house
False, at common law you cannot commit arson on your own home
At common law, blackening of another’s dwelling is arson
False, need charring
T/F: At common law complete withdrawal is a defense for conspiracy
False, no withdrawal from initial crime as defense but may be able to defend for subsequent crimes
T/F: police may conduct flyovers with any equipment to gather evidence
False, police may conduct flyovers with anything available to the general public but they cannot use special equipment
When can police search without a search warrant?
When they are in hot pursuit, something is in plain view, or
- fleeting evidence
- emergency aid
When does a person have standing to bring injury for an illegal search
D must have ownership or possessory interest in the premises searched or the items seized
When a suspect implicates himself in a crime does it violate Miranda if he believed person he was speaking to was not the police?
No, because there is no coercion element at play
The 6th Amendment offense specific right applies ….
once the D is formally charged
Can statements be used if they are obtained in violation of Miranda?
Yes, for impeachment purposes
When does DJ attach?
- convictions
- acquittals
- evidence of prosecutorial misconduct
Is there any exception to the DJ rules
if D consents to 2 separate trials
when may a nonparty intervene in an action as a matter of right?
- unconditional right to do so by a federal statute
- it has an interest in the prperty or transaction that is the subject matter of the case
- the disposition or resolution of the action may impair the nonparty’s ability to protect its interests
- the nonparty’s interest is not adequately protected by an existing party in the action
What is the mens rea requirement for malice?
Broader than the intent required for specific intent crimes
- just that D acted with intent OR knowledge that the structure would burn
- OR reckless disregard of an obvious risk that the structure would burn
is it considered false imprisonment where force is directed against a P’s valuable property and P submits to a restrain on her freedom to move
Yes
Does the privilege against self incrimination apply to a line up?
No because the privilege only applies to testimonial communications and line ups are not that
