Crim Law Flashcards
Automobile Exception
Officers can search an automobile if they have probable cause to believe that evidence, instrumentalities, or fruits of a crime exist within it. Tip: this includes the trunk if there is probable cause to believe evidence is in the trunk.
Conspiracy
Conspiracy is an agreement by two or more people, and an overt act in furtherance of the crime.
At common law, conspiracy requires BILATERAL agreement.
Under the MPC, conspiracy requires unilateral conspiracy only.
Conspiracy DOES NOT merge with the completed crime, so one can be convicted of conspiracy AND the completed crime.
Number of jurors on a jury
The Sixth Amendment allows juries of only 6 but, decisions by 6 member juries must be unanimous. (Note, non-unanimous juries are apparently permissible if they contain 7 to 11 jurors.)
Fourth Amendment Arrests generally
Under the Fourth Amendment, the police can arrest, WITHOUT A WARRANT, anyone that they have probable cause to believe has committed a felony. An arrest warrant is not needed when defendant is arrested not in their own home, and only has standing to object a 4th amendment search if the person has an ownership or possessory interest in the place searched or is an overnight guest in the place searched.
Double Jeopardy
For purposes of the Double Jeopardy Clause, two crimes do not constitute
the “same offense” if each crime requires proof of an additional element that the other crime does not require, even
though some of the same facts may be necessary to prove both crimes.
Involuntary/Coerced testimony
Testimony obtained by a promise of immunity is by definition coerced and therefore involuntary. Thus, immunized testimony may not be used for impeachment of the defendant’s testimony at trial.
Arson
(Reckless disregard of an obvious risk that a structure will burn)
Arson at common law consists of the malicious burning of the dwelling of another. All that
malice requires is that the defendant acted with the intent or knowledge that the structure would burn, or with reckless disregard of an obvious risk that the structure would burn.
The modern rule has expanded the scope of arson to include the burning of personal property of another.
The requirement that the building be “of another” pertains to possession rather than ownership. Thus, a landlord could be guilty of arson for burning down his own building if his tenants were in possession of it rather
than him.
Robbery
Robbery is a larceny where the property is taken from the person or the person’s presence by force or threat of violence. The threat must place the victim in actual fear at the time of the taking.
If the robber uses force in leaving with the property, its still robbery.
The force in attaining the property must be used either to GAIN possession of the property or to RETAIN possession immediately after such possession has been accomplished.
Double Jeopardy: manifest necessity requiring a mistrial
A mistrial granted for reasons of necessity will not preclude a retrial on double jeopardy grounds. (hypo: lady fell in coma and court had to declare a mistrial–can retry her later)
If there is no reason for necessity of a mistrial and a judge declares a mistrial, double jeopardy will bar retrial. (hypo: judge’s wife’s mom died and declared a mistrial–cant retry defendant)
False pretenses
(ownership)
As a result of perpetrator’s fraud, the victim voluntarily transfers ownership of the property to the perpetrator.
Right to counsel: misdemeanor crimes
The right to counsel in a misdemeanor trial applies when a sentence of incarceration is ACTUALLY IMPOSED. Absent waiver, a defendant may not be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel.
Fingerprinting
Taking fingerprints is a search or seizure. However, Fingerprints can be taken by the police during a standard booking procedure, without a search warrant and without triggering the a Fourth Amendment violation.
