CRIM LAW Flashcards
What does the 4th Amendment protect against?
The Fourth Amendment grants a person protection from unlawful government searches and seizures.
Private entities are not protected.
What is required to challenge a search under the 4th Amendment?
Standing is needed to challenge a search, which requires a reasonable expectation of privacy.
What are some items for which the Supreme Court has held there are no privacy rights?
1) Paint scrapings 2) Bank records 3) Anything visible from airspace 4) Garbage left on the curb 5) Sound of someone’s voice 6) Handwriting 7) Odors 8) Anything seen in or across areas outside one’s home.
Technologically enhanced methods not available to the public (e.g., thermal goggles) cannot be used.
What must police have for a proper arrest?
Police must have probable cause based on trustworthy facts or knowledge sufficient to warrant a reasonable person to believe that the person committed the crime.
Does an officer need firsthand knowledge for an arrest?
No, an officer may obtain information from an informant.
What are some exceptions to the warrant requirement?
Exigent circumstances, search incident to arrest, consent, automobile exception, plain view, inventory searches, special needs, and Terry stops/frisks.
What constitutes a search under the 4th Amendment?
A government violation of a person’s reasonable expectation of privacy or government intrusion.
What is a seizure?
A seizure occurs anytime a person would feel that they are not free to leave or terminate the encounter.
What is required for a stop and inquire by police?
Police must have reasonable articulable suspicion that criminal activity is underway for a brief detention for questioning.
What is the plain feel doctrine?
During a frisk, police may only seize items reasonably believed to be contraband or a weapon.
What are the requirements for a valid search warrant?
1) Probable cause 2) Must state with particularity the place and items to be searched/seized 3) Issued by a neutral and detached magistrate.
What is a warrantless search under the plain view doctrine?
Police may seize items observed in plain view from a place lawfully permitted to be, provided probable cause exists.
What can police search incident to an arrest?
Police may search a lawfully arrested person and their immediate surroundings, including the entire interior of a vehicle if certain conditions are met.
What is required for a warrantless search of a vehicle?
Reasonable suspicion is needed to stop a car; probable cause is required to search the entire vehicle.
What are exigent circumstances?
Exigent circumstances allow warrantless searches if evidence may disappear, necessary to prevent imminent destruction of evidence, hot pursuit of a felony suspect, or emergency aid is needed.
What is required for consent to search?
Consent must be given freely, voluntarily, and intelligently.
What is the standard for school searches?
Schools must have reasonable grounds to believe a search is necessary, and it must not be excessively intrusive.
What is the privilege against self-incrimination?
Protects the right not to incriminate oneself for compelled testimonial or communicative evidence.
What must police provide during custodial interrogation?
Miranda warnings must be given when in custody and interrogation occurs.
What is the standard for a valid Miranda waiver?
A valid waiver must be made knowingly, intelligently, and voluntarily.
What is the right to counsel under the 6th Amendment?
The accused has the right to counsel in all criminal proceedings once formal adversarial judicial proceedings begin.
What is double jeopardy?
Prevents a defendant from being prosecuted twice for the same offense.
What are the elements of a crime?
1) Physical act (actus reus) 2) Mental state (mens rea) 3) Causation 4) Concurrence.
What constitutes a voluntary act?
The physical act of the defendant must be voluntary; omissions are generally not criminal unless certain conditions are met.
What are the mental states under common law?
Specific intent, general intent, malice, and strict liability.
What is the prosecution’s burden of proof?
The prosecution must prove every element of the crime beyond a reasonable doubt.
What is the exclusionary rule?
Evidence obtained in violation of a defendant’s 4th, 5th, or 6th amendment rights is inadmissible.
What is the right to a jury trial?
The 6th Amendment guarantees the right to a jury trial for all serious offenses.
What is a grand jury?
A grand jury is used to determine whether there is sufficient probable cause to bring charges against a suspect.
What does ‘knowingly’ mean in criminal law?
Aware that conduct is of a particular nature or will cause or is very likely to cause a certain result. D knows that harmful result is probable or certain to occur because of D’s conduct.
Define recklessness/malice.
Conscious disregard of a substantial and unjustifiable risk; act is a gross deviation from how a reasonable person would act. D is aware of substantial and unjustifiable risk that conduct will result.
What is criminal negligence?
Should have been aware of a substantial and unjustifiable risk; act is a gross deviation from the standard of care. D ought to have been aware of substantial and unjustifiable risk.
What is causation in criminal law?
Requires showing that the defendant’s acts were both the actual and proximate cause of the outcome.
What is actual cause?
Present when result/injury would not have occurred ‘but for’ D’s conduct.
What is proximate cause?
Injury must be foreseeable; harm was a natural and probable cause of D’s conduct.
What is a superseding intervening cause?
A 3rd party’s act that breaks the chain of causation if the act was independent and not foreseeable.
What is a pre-existing medical condition in relation to causation?
A dependent intervening cause (eggshell rule); only grossly negligent medical treatment breaks the chain of causation.
What is transferred intent?
D may be held liable if he intends the harm caused but causes it to a different victim or object than intended.
Define common law murder.
Unlawful killing of a human being with malice aforethought.
What are the states of mind for malice aforethought?
1) Intent to kill 2) Intent to inflict great bodily harm 3) Reckless disregard of an extreme risk to human life 4) Unintentional killing during the commission of a serious or inherently dangerous felony.
What is 1st degree murder?
Killing was willful, deliberate, and premeditated; intent or knowledge that actions would cause death.
What is 2nd degree murder?
Intent to inflict great bodily harm or acting with reckless disregard of an extreme risk to human life.
What constitutes MPC murder?
Killing of a person committed purposely or knowingly OR recklessly under circumstances manifesting an extreme indifference to the value of human life.
Define voluntary manslaughter.
An intentional killing of a human being without malice aforethought, committed in the heat of passion due to adequate provocation.
What are the elements of voluntary manslaughter?
1) D was provoked 2) A reasonable person would have been provoked 3) Not enough time to cool off 4) D in fact did not cool off.
Define involuntary manslaughter.
Unintentional killing of a person committed recklessly, under the misdemeanor murder rule, during a non-dangerous felony, or with criminal negligence.
What is the felony murder rule?
Applies to any killing that occurs during the commission of a felony, an attempt to commit a felony, or a flight from a felony.
What must be true for a felony to qualify under the felony murder rule?
The felony must be inherently dangerous, and the purpose of the felonious conduct must be independent of the homicide.
What is required for an attempt charge?
1) Had specific intent to commit the principal crime AND 2) Took an overt act beyond mere preparation.
What is the abandonment/withdrawal rule?
Most states: NOT a defense once D has taken a substantial step toward the crime.
What constitutes conspiracy?
A specific intent crime requiring agreement among multiple parties with intent to carry out an illegal act and commission of an overt act in furtherance of crime.
What is solicitation?
Deliberately inciting another person to commit a crime with specific intent for the crime to be committed.
Define assault and battery.
Battery is the unlawful application of force resulting in bodily injury or offensive touching; Assault is the attempted battery or intentional creation of reasonable apprehension of imminent bodily harm.
What is kidnapping?
Confining, restraining, or moving of a person without authority of the law.
What is false imprisonment?
The unlawful confinement of a person without their consent.
Define arson.
Malicious burning of a dwelling of another, requiring some damage.
What constitutes burglary?
Breaking and entering of the dwelling of another at nighttime with the intent of committing a felony therein.
What is robbery?
Trespassory taking and carrying away of the personal property of another in their presence by force or threat of immediate physical harm.
Define larceny.
A taking and carrying away of tangible personal property of another without consent with intent to permanently deprive the person of their interest in the property.
What is larceny by trick?
Obtain possession (not title) of personal property of another by trick or deception.
Define embezzlement.
Fraudulent or wrongful conversion of personal property of another by a person with lawful possession of property.
What is false pretenses?
Obtaining title (not property) to personal property of another by an intentional false statement of material fact with the intent to defraud.
What is accomplice liability?
An accomplice is one who aids, counsels, or encourages the commission of the crime with the intent that the crime be committed.
What is the defense of withdrawal?
Withdraw defense if D withdraws before crime becomes unstoppable by giving no further assistance or encouragement.
What is duress?
An affirmative defense if D’s conduct was the result of imminent threat of death or grievous bodily injury to D or another.
What is the insanity defense?
D must have a mental disease or defect that prevents understanding the nature or quality of the act or appreciating the criminality of his conduct.
What is self-defense?
A complete defense to a crime; non-deadly force is justified when D reasonably believes he is in imminent danger of being harmed.
What is the defense of others?
If D reasonably believes the person assaulted would have had the right to use reasonable force in his own defense.
What is the rule regarding intoxication?
Voluntary intoxication is only a defense for specific intent crimes; involuntary intoxication is a defense to all crimes if without knowledge.
What is mistake of fact?
A defense if it negates the mental state required; mistake of law is not a defense.
