Crim Law

Question 1

Is attempt a specific or general intent crime?

Answer 1

Specific

Question 2

What is voluntary intoxication a defense for? CL

Answer 2

Specific intent crimes, if because of the intoxication it negates the state of mind necessary for the offense

Question 3

What is voluntary intoxication not a defense for? CL

Answer 3

General intent, malice, recklessness, negligence, S/L crimes

Question 4

What is involuntary intoxication a defense for? CL

Answer 4

All types of crimes (general, specific, malice, S/L)

Question 5

What is MPC’s view on intoxication as a defense?

Answer 5

MPC doesn’t see a difference between specific and general intent and so intoxication exculpates whenever the mens rea component is negated

Question 6

Can you be convicted of murder of someone who is already dead (AKA shoot someone who was already dead, with intent to kill the person)?

Answer 6

No. You can be convicted of attempted murder

Question 7

What is the defense of impossibility (factual, legal) used for?

Answer 7

ATTEMPTS! Although remember that factual impossibility is never a defense

Question 8

Can police secretly record or listen in to a suspect’s conversations after the 5th Amendment right has attached?

Answer 8

Yes for safety purposes.

Question 9

When is a mistake of fact exculpatory for specific intent crimes?

Answer 9

When it’s an honest mistake

Question 10

When is a mistake of fact exculpatory for malice and general intent crimes?

Answer 10

When the mistake was reasonable

Question 11

When does a mistake of law exculpate?

Answer 11

Never, unless it’s a specific intent crime that itself requires understanding or knowledge of the law

Question 12

Does a D have a right to counsel at a probation revocation proceeding?

Answer 12

Yes if D (1) denies committing the alleged violation or (2) asserts that complex reasons justified or mitigated it.

Yes if sentence for the underlying offense (1) has not been imposed and (2) will be imposed if the probation is revoked.

Otherwise no.

Question 13

What is the burden of proof for proving insanity defense in a criminal case? (Majority rule)

Answer 13

D must prove with preponderance of evidence/clear and convincing evidence

Question 14

What is the burden of proof for proving insanity defense in a criminal case? (Minority rule)

Answer 14

Prosecution must prove beyond a reasonable doubt

Question 15

What is the burden of proof for proving insanity defense in a federal case?

Answer 15

D must prove with clear and convincing evidence

Question 16

How do you withdraw from being an accomplice?

Answer 16

1) Repudiate prior aid
2) Do all that is possible to countermand prior assistance
3) Do so before the chain of events is in motion and unstoppable

Question 17

What is the common law rule on accomplice liability when a principal was not previously convicted?

Answer 17

An accomplice cannot be convicted either. Can only be convicted if principal was previously convicted.

Question 18

What is the majority rule on accomplice liability when a principal was not previously convicted?

Answer 18

Accomplice can still be charged.

Question 19

At CL, how do you withdraw from a conspiracy?

Answer 19

You can’t

Question 20

At CL, how do you reduce liability for co-conspirator’s crimes?

Answer 20

Withdraw by giving notice to co-conspirators or timely advise legal authorities

Question 21

At MPC, how do you withdraw from a conspiracy?

Answer 21

D must act voluntarily to thwart the success of the conspiracy

Question 22

At MPC, how do you reduce liability for co-conspirator’s crimes?

Answer 22

D is usually not liable for co-conspirator’s other crimes; only liable if there is evidence of aiding and abetting the crimes

Question 23

In majority of jx, how do you withdraw from a conspiracy?

Answer 23

Only before an overt act + D advises the co-conspirators of his abandonment or informs authorities

Question 24

In majority of jx, how do you reduce liability for co-conspirator’s crimes?

Answer 24

D is not liable for other crimes if he withdraws first

Question 25

If a defendant is given derivative use immunity to testify in a federal criminal trial, does that immunity cross over to state criminal trial?

Answer 25

Yes

Question 26

If a defendant is given derivative use immunity to testify in a criminal trial, does that immunity cross over to a civil case?

Answer 26

No

Question 27

Can you use peremptory challenges for striking jurors who are the same age as the D?

Answer 27

Yes that's fine. Anything other than race and gender

Question 28

Can you invoke 5th Amendment privilege against self-incrimination in a civil proceeding?

Answer 28

Yes

Question 29

Can you invoke 5th Amendment privilege against self-incrimination in a state proceeding?

Answer 29

Yes

Question 30

What can a prosecutor comment on w/r/t D in a criminal case?

Answer 30

Only D's failure to say anything before Miranda's rights attached. Cannot comment on D's failure to testify or D's silence after Miranda's rights. Cannnot make unfair remarks about D to the jury.

Question 31

When can a mistake of fact exculpate in MPC?

Answer 31

Whenever the mistake negates the mens rea

Question 32

When can a mistake of fact exculpate in common law?

Answer 32

In a specific intent crime - whenever! So long as it's honest In a general intent crime, the mistake must be reasonable + honest

Question 33

What do you need to prove ineffective assistance of counsel?

Answer 33

Counsel's representation fell below an objective standard of reasonableness Counsel's deficient performance prejudiced the D, resulting in a reasonable % that outcome may have been different

Question 34

Does an unsuccessful solicitation merge with the completed crime?

Answer 34

No

Question 35

How many jurors do you need in a federal criminal case?

Answer 35

12

Question 36

How many jurors do you need in a state criminal case?

Answer 36

6+

Question 37

What does an administrator acting independent of law enforcement need to prove for a search? (i.e. School principal searching student's backpack)

Answer 37

1) Reasonable suspicion 2) Method of search was reasonable

Question 38

What are the considerations for whether a defendant's right to speedy trial has been violated?

Answer 38

Length of delay Reason for delay Whether D has asserted right for speedy trial Risk of prejudice to D

Question 39

What do you need to prove for ineffective assistance of counsel based on conflict of interest?

Answer 39

Prove the COI existed + Prove it actually affected L's performance in some way

Question 40

Does failing to inform a D that a guilty plea would affect their immigration status constitute ineffective assistance of counsel?

Answer 40

Yes

Question 41

Is a parolee considered in custody when they are summoned by a parole officer?

Answer 41

No

Question 42

Is a law that requires criminal D to pay victims $ considered an ex post facto law?

Answer 42

Yes and so it’s not allowed! It’s a punitive law.

Question 43

What kind of errors warrant automatic reversal of a defendant’s conviction?

Answer 43

Structural errors - errors that affect the whole framework of the case and render it fundamentally unfair

Question 44

What are some structural errors that would cause an automatic reversal of a defendant’s conviction?

Answer 44

Biased judge Attorney enters guilty plea over D’s objection Improper jury instruction on BoP Deprivation of counsel Deprivation of public jury or jury trial Removal of D from courtroom without good cause Discriminatory selection of jurors

Question 45

How will errors made by the trial court be reviewed by the appellate court?

Answer 45

Government must prove beyond a reasonable doubt that error did not contribute to defendant’s conviction (harmless error) or else the conviction will be reversed

Question 46

What must prosecutors turn over under the Brady doctrine?

Answer 46

All material exculpatory evidence to the defense. Material = Reasonable % that if the info was disclosed, result of the proceeding would have been different. This includes disclosing evidence that would impeach witnesses

Question 47

When does a D have the sixth amendment right to jury trial?

Answer 47

For any offenses for which the authorized punishment is 6 months +

Question 48

When does a D have the sixth amendment right to counsel?

Answer 48

For all felony convictions + misdemeanors for which jail time is actually imposed

Question 49

When can police search the entire car?

Answer 49

When they have probable cause that car contains criminal stuff BEFORE the search begins (say that they got probable cause from a reliable tip beforehand)

Question 50

Does the constitutional Right to Counsel guarantee an appointment of counsel of D's choice?

Answer 50

No

Question 51

Do speedy trial rights guarantee speediness pre-indictment/accusation too?

Answer 51

Yes