Crim Law

Question 1

does a grand jury witness have a constitutional right to have counsel present when giving testimony in front of the grand jury?

Answer 1

No

Question 2

can a grand jury consider unconstitutionally seized evidence in returning an indictment?

Answer 2

Yes

Question 3

If a person is authenticating a signature has only seen the sig once can that person authenticate

Answer 3

Yes, only needed to have seen it at any point and it does not have to be recent or more than once

Question 4

Evidence of a D’s previous acts of sexual assault are …

Answer 4

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

Question 5

does waiver of the right to remain silent applies to all potential subject of an interrogation?

Answer 5

Yes

Question 6

for robbery conviction does the intent not to use force negate the intention requirement?

Answer 6

No, the required intent is only the intent to permanently deprive

Question 7

T/F: The right to counsel under the 6th A applies to all trials

Answer 7

False, does not apply to misdemeanor trials UNLESS the sentence of imprisonment is actually imposed

Question 8

Depraved heart is considered

Answer 8

malice murder - reckless indifference to an unjustifiably high risk to human life

Question 9

T/F: felony murder involves a death that occurs during the commission of a felony

Answer 9

False, only includes inherently dangerous felony

Question 10

What are inherently dangerous felonies?

Answer 10

Burglary
Arson
Rape
Robbery
Kidnapping

Question 11

Arson at common law includes the burning of one’s or another’s dwelling house

Answer 11

False, at common law you cannot commit arson on your own home

Question 12

At common law, blackening of another’s dwelling is arson

Answer 12

False, need charring

Question 13

T/F: At common law complete withdrawal is a defense for conspiracy

Answer 13

False, no withdrawal from initial crime as defense but may be able to defend for subsequent crimes

Question 14

T/F: police may conduct flyovers with any equipment to gather evidence

Answer 14

False, police may conduct flyovers with anything available to the general public but they cannot use special equipment

Question 15

When can police search without a search warrant?

Answer 15

When they are in hot pursuit, something is in plain view, or
- fleeting evidence
- emergency aid

Question 16

When does a person have standing to bring injury for an illegal search

Answer 16

D must have ownership or possessory interest in the premises searched or the items seized

Question 17

When a suspect implicates himself in a crime does it violate Miranda if he believed person he was speaking to was not the police?

Answer 17

No, because there is no coercion element at play

Question 18

The 6th Amendment offense specific right applies ….

Answer 18

once the D is formally charged

Question 19

Can statements be used if they are obtained in violation of Miranda?

Answer 19

Yes, for impeachment purposes

Question 20

When does DJ attach?

Answer 20

• convictions
• acquittals
• evidence of prosecutorial misconduct

Question 21

Is there any exception to the DJ rules

Answer 21

if D consents to 2 separate trials

Question 22

when may a nonparty intervene in an action as a matter of right?

Answer 22

1. unconditional right to do so by a federal statute
2. 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

Question 23

What is the mens rea requirement for malice?

Answer 23

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

Question 24

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

Answer 24

Yes

Question 25

Does the privilege against self incrimination apply to a line up?

Answer 25

No because the privilege only applies to testimonial communications and line ups are not that