Crim Law and Pro

Question 1

Conspiracy

Answer 1

Two types:
* Majority (unilateral approach): at least one person specifically intends to enter agreement and commits an overt act in furtherance

• CL (bilateral approach): two or more people specifically intend to enter agreement. Overt act not required. (If D + undercover cop = no conspiracy)

Question 2

Co-Conspirator Liability

Answer 2

Co-conspirators are liable for future crimes if crimes were (1) foreseeable and (2) in furtherance of the objective

Question 3

Accomplice Liability

Answer 3

Majority/MPC: an accomplice is a person who intentionally assists with the crime and acts with the purpose of promoting or facilitating the commission of it. Mere knowledge that another person intends to commit a crime is not enough to make a person an accomplice.

Question 4

Attempt

Answer 4

When a person
- (1) has the specific intent to commit a crime
- (2) performs an overt act in furtherance of the crime, but
- (3) does not complete it

Question 5

Solicitation

Answer 5

When a person
* (1) requests or encourages another to commit a crime
* (2) with the specific intent that the crime takes place

D will be guilty of solicitation no matter how the other person responds to D’s request

Question 6

What is the definition of murder under the CL? What are the 4 types?

Answer 6

Unlawful killing of another person with malice aforethought.
* Intent to kill
* Intent to commit grievous bodily injury
* Depraved heart murder (reckless indifference to human life)
* felony murder (murder committed during an inherently dangerous felony - burglary, arson, rape, robbery, kidnapping [BARRK])

Question 7

Voluntary Manslaughter

Answer 7

a killing resulting from either adequate provocation (heat of passion) or imperfect self-defense
* adequate provocation: (1) D was provoked (2) provocation caused sudden and intense passion in RP, resulting in loss of self-control (3) insufficient time for RP to cool off between provocation and killing
* imperfect s/d: D initiated the altercation that required s/d OR D unreasonably believed deadly force was necessary

Question 8

Involuntary Manslaughter

Answer 8

a killing committed w/ criminal negligence

Question 9

What are the specific intent crimes? Why is it important to know which ones are specific intent?

Answer 9

FIAT
* First degree murder
* Inchoate crimes (CATS: conspiracy, attempt, solicitation)
* Assault w/ intent to commit battery
* Theft crimes

It’s important to know which crimes are specific intent bc then voluntary intoxication and unreasonable mistake are defenses to negate the requisite mens rea for the crime

Question 10

Larceny

Answer 10

(1) Taking and (2) carrying away another’s tangible property (3) without consent and (4) with the intent to permanently deprive the person of the property

• property must be tangible

Question 11

Under larceny (CL), does taking intangible property, real property, or services count?

Answer 11

No, property must be tangible

Question 12

Forgery

Answer 12

(1) creating or altering (2) a legal document (3) to be false (4) with specific intent to defraud

creating or altering: D can offer a false document that someone else created/altered and will still be found guilty of forgery
specific intent to defraud: actually defrauding someone not necessary, intent is enough

Question 13

False Pretenses

Answer 13

(1) obtaining title of another’s property (2) using false statements of past or existing facts (3) w/ specific intent to defraud

statements must be intentionally false; if D believed title was his, would not be found guitly of false pretenses

Question 14

Battery

Answer 14

(1) unlawful (2) application of force (3) to another person (4) causing (5) bodily harm or offensive touching

Question 15

Assault (attempted battery)

Answer 15

occurs when D takes a substantial step toward completing a battery but fails

Question 16

Assault (fear of harm)

Answer 16

intentionally placing another in fear of imminent bodily harm

Question 17

Rape

Answer 17

Modern: (1) unlawful (2) sexual intercourse (3) with someone else (4) who did not consent

CL: w/ a female against her will by force/threat of force

Question 18

Statutory Rape

Answer 18

(1) regulatory moral offense (2) involving consensual (3) sexual intercourse (4) with a person under the age of consent

It’s a strict liability crime. D will be guilty of it just as long as D knows they’re having sex. It doesn’t matter whether other person lied about their age

Question 19

Apprendi Doctrine

Answer 19

Prohibits judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by the jury beyond a reasonable doubt

• A capital-sentencing scheme violates Apprendi if it: (1) allows a jury to recommend the death penalty w/out specifically finding an aggravating circumstance and (2) permits the judge to then make that finding independently
• Exception—sentence enhancement based on prior criminal convictions need not be found by a jury

Question 20

What are some examples of inherently dangerous felonies? (BARRK)

Answer 20

Burglary, Arson, Rape, Robbery, Kidnapping

Question 21

Fourth Amendment

Answer 21

The 4A protects against unlawful government searches and seizures. It only applies when D has standing (personally affected by the governmental action) and D has a reasonable expectation of privacy regarding the thing/place searched or seized. A warrant is required for all searches unless an exception applies.

Question 22

Exclusionary Rule

Answer 22

Prohibits prosecution from introducing evidence obtained in violation of D’s 4th, 5th, of 6th amendment rights. If there is a violation, evidence will be excluded.

Question 23

Does the exclusionary rule apply in grand jury proceedings?

Answer 23

No, the exclusionary rule does not apply, meaning that evidence obtained via an illegal search can be considered in whether to indict the D

Question 24

Fruit of the Poisonous Tree

Answer 24

evidence that is found as a result of original wrongfully obtained evidence. The evidence will be inadmissible unless
* (1) the evidence obtained could have been obtained from an independent source or
* (2) the evidence obtained would inevitably have been discovered or
* (3) additional factors intervened between the original illegality and the final discovery that the link is too tenuous

Question 25

Good faith exception

Answer 25

An arrest will still be considered valid if good faith exception applies. Applies to police officers who rely on an existing law that was later declared unconstitutional OR rely on a warrant that, while facially valid, is later found to be defective

Question 26

What is required for a valid search warrant?

Answer 26

Search warrant must be (1) issued by a neutral magistrate, (2) based on probable cause to believe that the items sought are evidence of a crime, (3) describe place to be searched with particularity

Question 27

What are the exceptions to the warrant requirements (SPACES + A)?

Answer 27

• search incident to arrest
• plain view
• automobiles
• consent
• exigent circumstances
• stop and frisk
• administrative search

Question 28

Search Incident to Arrest (SITA)

Answer 28

Police may search an arrested person and their immediate surroundings w/out a warrant if:
* (1) arrest was lawful
* (2) search is contemporaneous to arrest
* (3) search is limited to area within suspect’s reach or movement

Protective sweep: cops may sweep an area for officer safety or with reasonable belief that accomplices may be present

Question 29

What are the parameters for SITA in an automobile context?

Answer 29

After arresting a suspect, cops can search inside their auto, including glove compartment, if at the time of the search:
* suspect can access the inside of vehicle OR
* cops reasonably believe evidence of crime related to arrest might be found in the auto
* Note: CANNOT search trunk without probable cause or consent

Question 30

Plain view

Answer 30

Cops must (1) be legally present (2) have probable cause to believe that plainly viewed/smelled evidence relates to a crime

If legally present and probable cause exists, police can seize any item in plain view (or plain smell) even if the item is not in the warrant.

Legally present: includes viewing from land or public property, even if using binoculars.
Cops CANNOT use technology that is generally not available to the public to view evidence

Question 31

Automobile exception

Answer 31

(1) probable cause exists (2) probable cause must arise before the search begins

If probable cause exists, police may search an entire vehicle (including trunk) and containers/compartments inside that may contain the evidence they are searching for.
Police may search passengers and their belongings

Question 32

Exigent Circumstances

Answer 32

3 types: hot pursuit, evanescent evidence, emergency
* hot pursuit: while actively pursuing someone, cops can search for evidence relating to pursuit or can search for their own protection
* evanescent evidence: cops can search/seize evidence that could quickly disappear before cops get a warrant (ex. drugs that may be flushed down the toilet, DNA evidence that may disappear)
* emergency: emergencies that threaten health or safety

Question 33

Terry Stop (stop and frisk)

Answer 33

Cops may stop, frisk, and question D if they have reasonable suspicion (based on objective facts) that D was involved in criminal activity. If cops believe D may be armed, they can search D’s outer clothing (“plain feel”) for weapons or contraband.

*not an arrest, it’s a detention: a gov’t seizure of a person that is less than a full custodial arrest

Question 34

Does a Terry Stop require Miranda warnings?

Answer 34

No. A Terry Stop is not a custodial arrest and doesn’t require Miranda warnings. It’s supposed to be a brief detention

Note that police may develop probable cause during a Terry stop and arrest D

Question 35

Brady doctrine

Answer 35

Prosecutor must turn over all material exculpatory evidence: (1) evidence that tends to show that D is not guilty of the crimes charged, (2) evidence that would enable the defense to impeach the credibility of prosecution witnesses
* Material = disclosure could change outcome of case
* Includes inconclusive lab reports, witness descriptions that don’t match D, cooperation agreements with witnesses, evidence within gov’t’s control (incl. police)
* If D pleads guilty after negotiations, prosecution doesn’t have to turn over Brady info (but some states have open file discovery)

Question 36

When is a Brady doctrine violation grounds for a reversal or a new trial?

Answer 36

D can prove that:
* (1) the evidence was favorable because it is impeaching or exculpatory and
* (2) prejudice resulted, meaning earlier disclosure of the evidence would have created a reasonable probability of a different outcome

Question 37

Does a grand jury witness have a constitutional right to counsel inside a grand jury room?

Answer 37

No.

Question 38

When does double jeopardy attach?

Answer 38

double jeopardy attaches once a jury is empaneled or evidence is presented/first witness is sworn in during a bench trial. It does not attach during preliminary hearings

Question 39

Does D have to present during jury selection?

Answer 39

Yes. D’s presence is constitutionally mandated.

Question 40

Confrontation Clause

Answer 40

Criminal Ds have the right to be confronted w/ the witnesses against them. Bc of this, out-of-court statements that are testimonial can only be admitted if: (1) declarant is now **unavailable ** AND (2) D had a prior opportunity to cross examine the declarant

Question 41

What is a testimonial statement

Answer 41

An out-of-court statement that is (1) formal in nature (given during police interrogation, grand jury, former trial, etc) and (2) that is foreseeably going to be used in prosecution.