Crim Law and Procedure

Question 1

Mens Rea - CL

Answer 1

1. Specific Intent
   
   1. intent or desire to engage in the conduct or cause of a certain result.
2. General Intent
   
   1. awareness of acting in a certain way
3. Malice
   
   1. reckless disregard of a known risk to occur
4. Strict Liability
   
   1. no mental state required; only the act required.

Question 2

Homicide - Murder

Answer 2

1. Intent to Kill
2. Intent to inflict Serious Bodily Harm
3. Depraceh Heart Murder
4. Felony Murder

Question 3

Homice- Murder - CL/ 2nd

1st Degree

Answer 3

Murder is the unlawful killing, of another, with malice aforethought.

Malice aforethought: intent to kill, intent for injury, reckless disregard, feelony murder rule.

First DegreeL willfull, deliberate and premeditated.

Question 4

Manslaughter: Voluntary & Involuntary

Answer 4

Voluntary: Intentional killing of another without malice aforethought. (Adequate Provocation)

• AdequateProvocation: provoked + no time to cool + D did not cool
  involuntary: unintentional killing of another.

Question 5

Specific Intent Crimes: BAM ACTS

Answer 5

• Burglary
• Assault
• Murder (1st)
• Attempt
• Conspiracy
• Theft
• Solicitation

Question 6

Theft Crimes

Answer 6

• Larceny
  
  • taking and carring away of personal propety of another by trespass with intent to permanently deprive
• Larceny by Trick
  
  • obtaining possession (not title) of personal property of another by deception (false statement) w/ intent to defraud
• False Pretense
  
  • obtaiing title to personal property of another, through an intentional false stmt with intent to defraud.
• Embezzlement
  
  • fraudulent conversion of personal property of another by a person in lawful possession of that property. (intent to to deprive)
• RSP
  
  • receiving possession and control of stolen personal propert known to have been stolen by another person with intent to permanently deprive owner.

Question 7

Robbery

Answer 7

Taking of personal property of another by force of threat of death with intent to permanently deprive.

Question 8

Burglary

Answer 8

Breaking and entering of a dwelling of another at night with intent to commt a felony therein.

Question 9

Insanity Test: M”Naughten

Answer 9

At time of conduct, D lacked ability to know wrongfulness of actions or nature/ qualit of actions.

Question 10

Insanity Test: Irresistible impulse

Answer 10

D lacks capacity for self- control and free choice, or unable to conform conduct to law.

Question 11

Insanity Test: MPC

Answer 11

D lacked capacity to appreciate criminality of conduct or conform conduct to requirements of law.

Question 12

Self- Defense

Answer 12

complete self defense to a crime.

• Non- Deadly
  
  • justified when : D reasonably believes in imminent danger AND force is proportional to harm threatened.
• Deadly:
  
  • justified when : D kills on reasonable belief of imminent danger and use of deadly force was necessary.
• Minority view: r
  
  • duty to retreat before deadly force. No duty if in own home. cant retreat safely, or no opportunity.

Question 13

Arrest

Answer 13

Probable cause + warrant if D in home.

• PC: trust worthy facts + RP to believe+ D commited crime

In car: requires reasonable suspicion (checkpoint or pre-textual stops ok)

Question 14

(4th) Valid Warrant Requirements

Answer 14

1. PC +
2. particularity of place seized,
3. particularity of things seized; AND
4. issued by neutral and detached judicial officer.

Question 15

Seaarch and Seizure Analysis

Answer 15

1. Does person ahve 4th right?
   
   1. Govt conduct and REP requires standing.
2. Search warrant valid?
3. is there an exception?

Question 16

Search and Seizure Exceptions: SPACE

Answer 16

• Search Incident to Arrest
  
  • search suspect’s person + area within immediate control (“wingspan”)
    
    • if a home, immediately adjoining spaces from when an attack may be launched.
• Plainview
  
  • plainview of officer’s five senses + lawful place +PC
• Automobile
  
  • inventory: interior compartments of bar but not trunk.
  • if PC: full search including any containters
• Consent
  
  • freely, voluntarily, and intelligently
• Exigent Circumstances
  
  • hot pursuit. or necessary to prevent imminent destruction
• Stop and Frisk
  
  • must have RS that crim activity a foot + a weapon

Question 17

5th Am.

Answer 17

protects the right to not incriminate.

Question 18

Right to Counsel (6th)

Answer 18

Attached once formal judicial proceedings began.

• 5th Am- starts for custodial interrogations
• formal charge, prelim hearings, indictment, arraignment

D has right to effective asstance of counsel including aid in preparation and trial in criminal cases.

Question 19

Exclusionary Rule: Fruit of Poisonous Tree

Answer 19

Prohibits introduction fo evidence obtained in violation of 4th, 5th , or 6th Am. And all derived evid from this is inadmissible.

Question 20

Exclusionary Rule Esceptions

Answer 20

• Stmts in violation of Miranda
• independent source
• inevitable discovery
• intervening act of free will by D
• violation of knock and announce

But voluntary confessions in violation of Miranda are admissible to impeach. nd evidence from illegal search can impeach D’s trial testimony.

Question 21

Burden of Proof

Answer 21

beyond a reasonable doubt for every element.

Burden cant be shifted to D. but D may prove affirmative defense.