Crim Law and Procedure Flashcards
Fourth Amendment: What is the purpose of the 4th Amendment as it relates to Criminal Procedure? Also, how is the 4th Amendment applicable to the states?
The Fourth Amendment provides that people should be free from unreasonable searches and seizures, and also includes the exclusionary rule.
The Fourth Amendment is applicable to the states through the Due Process Clause of the 14th Amendment.
Fourth Amendment: Explain the exclusionary rule.
Under the Supreme Court’s exclusionary rule, evidence obtained in violation of the 4th Amendment usually may not be used in evidence against the person whose rights were violated.
Fourth Amendment: What constitutes a seizure?
A seizure occurs when, under the totality of the circumstances, a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter. Stopping a car is a seizure, arresting a person is a seizure
Fourth Amendment: When may a police officer stop a car?
A police officer may stop a car if the officer has at least reasonable suspicion to believe the driver has committed a traffic violation.
Fourth Amendment: When may a police officer arrest someone?
An arrest must be based on probable cause–that is, trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law. Probable cause is based on the totality of the circumstances.
Fourth Amendment: Does it matter if the police have a pretext for making a traffic stop?
If the police have probable cause to believe a driver violated a traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop.
Fourth Amendment: Explain searches conducted pursuant to a warrant generally.
Generally, criminal law enforcement officers must have a warrant to conduct a search unless it falls within one of the six exceptions to the warrant requirement. There are two core requirements for a facially valid search warrant: probable cause and particularity.
Fourth Amendment: What is the plain view exception to make a warrantless seizure?
Under the plain view exception, a police officer may make a warrantless seizure of evidence if (i) the officer is in a place he lawfully is allowed to be and (ii) sees in plain view items that he has (iii) immediate probable cause to believe are (iv) contraband or evidence, instrumentalities, or fruits of a crime.
Fourth Amendment: What is the automobile exception to the warrant requirement?
If the police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime, they may search the whole vehicle and any container that might reasonably contain the item for which they has probable cause to search.
Fifth Amendment: What is required to protect the 5th Amendment privilege against compelled self-incrimination?
To protect the Fifth Amendment privilege against self-incrimination, a person in police custody must be given certain warnings (Miranda warnings) before a police officer may conduct a custodial interrogation. The 5th Amendment privilege against self-incrimination and Miranda are applicable to the states through the Due Process Clause of the 14th Amendment.
Any statement, question, or conduct by the police designed to elicit an incriminating response will be considered interrogation.
A person will be considered in custody if his freedom of action is limited in a significant way.
Exclusionary Rule: Explain exclusionary rule and relation to fruit of the poisonous tree doctrine.
Under the Supreme Court’s exclusionary rule, evidence obtained in violation of a person’s constitutional rights generally will be excluded from admission into evidence at trial.
Under the fruit of the poisonous tree doctrine, the exclusionary rule generally applies to evidence derived from unconstitutionally obtained evidence UNLESS the costs of exclusion the evidence outweigh the deterrent effect exclusion would have on police misconduct.
Exclusionary Rule: What are the exceptions to fruit of the poisonous tree doctrine?
(1) The fruits derived from statements obtained in violation of Miranda.
(2) Evidence obtained from a source independent of the original illegality.
(3) Evidence for which the connection between the unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance, so that the causal link between the police misconduct and the evidence is broken (attenuation). Includes intervening acts of free will.
(4) Inevitable Discovery
(5) Violations of the knock and announce rule
Fifth Amendment: What is the effect of an invocation of right to counsel under Miranda?
Under Miranda, if the detainee unambiguously indicates that they wish to speak to counsel, all questioning must cease until counsel has been provided unless the detainee (1) then waives their right to counsel (ex: reinitiating questioning) or (2) is released from the custodial interrogation back to their normal life and 14 days have passed since release.
Essential Elements of a Crime: What are the categories of intent under the MPC, which has eliminated the common law distinctions between general and specific intent?
Purposely: A person acts purposely when their conscious object is to engage in certain conduct or cause a certain result.
Knowingly: A person acts knowingly with respect to the nature of their conduct when they are aware that their conduct is of a particular nature or that certain circumstances exist.
Recklessly: A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in that situation.
Negligently: A person acts negligently when they (i) fail to be aware of a substantial and unjustifiable risk, and (ii) this failure constitutes a substantial deviation from the standard of care that a reasonable person would have exercised in the same situation.
Homicide: When is a killing involuntary manslaughter?
A killing is involuntary manslaughter if it was committed: (A) with criminal negligence (or by recklessness under the MPC) OR (B) In some states, during the commission of an unlawful act (misdemeanor or felony not included within felony murder rule. Foreseeability of death also may be a requirement.
Homicide: What is the causation requirement for homicide crimes?
The defendant’s conduct must be both the cause-in-fact and the proximate cause of the victim’s death.
A defendant’s conduct is the cause-in-fact of the result if the result would not have occurred “but for” the defendant’s conduct.
A defendant’s conduct is the proximate cause of the result if the result is a natural and probable consequence of the conduct, even if the defendant did not anticipate the precise manner in which the result occurred. Superseding factors break the chain of proximate causation.
Accomplice Liability: What is an accomplice?
An accomplice is a person who (i) with the intent to assist the principal and the intent that the principal commit the crime (dual intent) (ii) actually aids, counsels, or encourages the principal before the commission of the crime.
Note on intent: When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions hold that the intent element is satisfied if the accomplice (i) intended to facilitate the commission of the crime, AND (ii) acted with recklessness or negligence (whichever is required)
Homicide: What is common law murder and what constitutes malice aforethought?
Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it (that is, giving rise to a defense) and it was committed with one of the following states of mind:
(1) intent to kill, (2) intent to inflict great bodily injury, (3) reckless indifference to an unjustifiably high risk to human life (“abandoned and malignant heart” or “depraved heart”); OR (4) Intent to commit a felony (felony murder).
