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Wrong Answers > Crim Law > Flashcards

Crim Law Flashcards

1
Q

Is attempt a specific or general intent crime?

A

Specific

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2
Q

What is voluntary intoxication a defense for? CL

A

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

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3
Q

What is voluntary intoxication not a defense for? CL

A

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

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4
Q

What is involuntary intoxication a defense for? CL

A

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

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5
Q

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

A

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

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6
Q

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)?

A

No. You can be convicted of attempted murder

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7
Q

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

A

ATTEMPTS! Although remember that factual impossibility is never a defense

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8
Q

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

A

Yes for safety purposes.

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9
Q

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

A

When it’s an honest mistake

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10
Q

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

A

When the mistake was reasonable

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11
Q

When does a mistake of law exculpate?

A

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

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12
Q

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

A

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.

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13
Q

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

A

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

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14
Q

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

A

Prosecution must prove beyond a reasonable doubt

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15
Q

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

A

D must prove with clear and convincing evidence

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16
Q

How do you withdraw from being an accomplice?

A

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

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17
Q

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

A

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

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18
Q

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

A

Accomplice can still be charged.

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19
Q

At CL, how do you withdraw from a conspiracy?

A

You can’t

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20
Q

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

A

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

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21
Q

At MPC, how do you withdraw from a conspiracy?

A

D must act voluntarily to thwart the success of the conspiracy

22
Q

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

A

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

23
Q

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

A

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

24
Q

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

A

D is not liable for other crimes if he withdraws first

25
Q

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

A

Yes

26
Q

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

A

No

27
Q

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

A

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

28
Q

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

A

Yes

29
Q

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

A

Yes

30
Q

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

A

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.

31
Q

When can a mistake of fact exculpate in MPC?

A

Whenever the mistake negates the mens rea

32
Q

When can a mistake of fact exculpate in common law?

A

In a specific intent crime - whenever! So long as it’s honest

In a general intent crime, the mistake must be reasonable + honest

33
Q

What do you need to prove ineffective assistance of counsel?

A

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

34
Q

Does an unsuccessful solicitation merge with the completed crime?

A

No

35
Q

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

A

12

36
Q

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

A

6+

37
Q

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

A

1) Reasonable suspicion
2) Method of search was reasonable

38
Q

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

A

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

39
Q

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

A

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

40
Q

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

A

Yes

41
Q

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

A

No

42
Q

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

A

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

43
Q

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

A

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

44
Q

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

A

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

45
Q

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

A

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

46
Q

What must prosecutors turn over under the Brady doctrine?

A

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

47
Q

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

A

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

48
Q

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

A

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

49
Q

When can police search the entire car?

A

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)

50
Q

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

A

No

51
Q

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

A

Yes

Wrong Answers (8 decks)

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