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Crim law and procedure Flashcards

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1
Q

voluntary intoxication defense under MPC

A

only a defense to crimes for which the MR is purposefully or knowingly. (specific intent crimes)

to prevail, D must prove his intoxication prevented formation of requisite MR

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2
Q

specific intent crimes

A

assault

murder (premediated or deliberated)

burglary

inchoate crimes (conspiracy, attempt, solitication)

theft crimes - larceny, robbery, embezzlment, alse pretenses, forgery, receiving stolen property, extortion

AMBIT

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3
Q

larceny

A

trespassory taking of another individual’s property with the intent to permanetly deprive them of their property

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4
Q

attempt

A

occurs when D:
1) has specific intent to commit a crime,

2) performs an act in furtherance of the intended crime, but

3) does not complete it

*always requires proof that D specificially intended to commit a crime - even if target crime doesnt require specific intent

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5
Q

robbery

A

1) d unlawfully took and carried away the v’s personal property,

2) the property was taken from the victim’s person or presence by force or intimidation, and

3) D specifically intended to permanently deprive the victim of property

*force element includes force to retain property immediately thereafter

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6
Q

No reasonable expectation of privacy in

A

open fields

car while driving (license plate)

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7
Q

use and derivative use immunity

A

precludes the use of a person’s tesitmony and any evidence derived from it against him in a crim proceeding

*evid obtained from an independent source can be used

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8
Q

a court should instruct the jury on a lesser included offense if

A

based on the evid presented at trial, a rational jury could acquit D of the charged offense but convict D of lesser included offense

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9
Q

amount of embezzlement is measured by

A

the value of the property at the time of the conversion

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10
Q

supremacy clause prohibits

A

state courts from challenging the legality of a person being held in federal custody through issuance of a habeas

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11
Q

common law conspiracy

A

requires proof that at least 2 people entered into an agreement w/ specific intent to accomplish a criminal act (bilateral theory)

when the conspired act viols a statute desinged to protect memebrs of a given class, a member of that class cannot be guilty of the criminal act or conspiracy to commit it

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12
Q

an owners later consent to taking does not equal

A

a defense to larceny

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13
Q

warrantless search of a passenger

A

a passengers mere presence with a criminal or in a suspicious car is not enough to establish probably cause to search that person

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14
Q

US v. Booker

A

any fact which is necessary to support a sentence exceeding the max authorized by the facts established by a GY plea or found by a jury must be admitted by D or proved to the jury beyond a reasnoable doubt

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15
Q

5th amendment double jeopardy lesser included offenses

A

whether the elements of the charge are wholly contained in the more serious charge - if each charge requires proof of a fact that the other does not

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16
Q

duress excuses D from criminal liability if

A

their conduct was commited under the pressure of an unlawful threat from another human to harm D

the unlawful threat must cause D to reasonably believe that the only way to avoid imminent death/serious bodily injury is to engage in the conduct which voids the terms of the criminal law

*never a defense to murder

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17
Q

MPC affirmative defense of duress

A

a threat such that a person of reasonable firmness would be unable to resist it

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18
Q

M’Naghten test for NGRI (common law)

A

defense must prove that at the time of the offense,

1) D suffered from a mental disease or defect; and

2) as a result of that defect or mental disease, D at the time of the act did not know the nature and quality of the act OR that the act was wrong

mental disease must be sufficently severe to cause 2nd prong

*jurisidctions differ on meaning of “wrong” - legally or morally wrong?

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19
Q

other insanity defense

A

as a result of severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts

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20
Q

malice crimes require proof that D was…

A

practically certain that his act would cause a particular result (knowledge) or consciously disregarded risk of harm (recklessness)

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21
Q

murder at common law

A

an unlawful killing committed with malice aforethought

intent to kill,
intent to cuase serious bodily harm,
reckless disregard for human life, or
in course of committing a felony

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22
Q

1st degree murder MPC

A

an intentional killing with premeditation and deliberation

some juris say need period of cooling off time others say can happen within seconds

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23
Q

in prosecution for possession of controlled usbstnace, D’s knowledge that substance was controlled may be established by…

A

1) evid D knew substance was prohibited by law, or

2) D knew facts about the substance that made it illegal to poss

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24
Q

under the MPC if evid a D acts w/ and possess a more culpable MR then that will satisify a lower MR required by the statute

A
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25
Q

5th amendment double jeopardy protectiosn attached when

A

a jury is impaneled and sworn OR

a judge beings to heard evid (bench trial)

*if a crim charge is DM before trial, jeop doesnt attach and gov can re-prosecute

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26
Q

statements in viol of 5A Miranda can be used

A

for limited purpose of impeaching a crim D’s inconsistent testimony if statement was voluntary and trustworthy

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27
Q

murder may be reduced to voluntary masnalighter if D acted in imperfect self senfes which occurs when

A

1) D honestly but reasonably believed deadly force was necessary to prevent bodily injury or death; or

2) D started altercation that lead to necessary use and deadly force

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28
Q

for burglary, a breaking can still occur after a D enters a dwelling with consent if

A

D subsequently enters part of a dwelling (opening door/closet) without consent

merely opening an objection wihtin a dwelling (drawer, trunk, box) is not a breaking

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29
Q

duress and necessity are never a defense to

A

murder

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30
Q

conspiracy (modern)

A

requires proof of only one guilty mind

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31
Q

depraved heart murder (common law)

A

is the reckless disregard of an obvious or unjustifiably high risk of causing death or serious bodily injury

in most juris, D must actually realize danger posed by his conduct to be convicted of common law murder

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32
Q

common law solitication occurs when…

A

a D

1) entices, encourages, or commands another to commit a crime,

2) with the specific intent that the person copmmit the crime

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33
Q

automobile exception

A

justifies a warrantless search of a person’s car when cops have pc to believe evid of a crime is contained in car and search is limited to areas where evid may be located

can search containers and locked containers in car that may contain illegal evidence

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34
Q

larceny by false pretenses

A

knowingly misrepresents a past or present material fact w/ intent to defraud and thereby obtains possession of another’s property

35
Q

self defense

A

an otherwise unlawful use of force may be justified if it was done in self defense.

doesnt extend to first aggressor unless intital aggressor’s use of nondeadly force is met with deadly force and when initial aggressor completely withdraws and communicates that to the V

36
Q

when do police have to cease interrogation 5A (Davis v. US)

A

if an arrestee makes an unamibigous and unequivocal requiest or demand for an attorney, police must cease the interrogation and honor the request

37
Q

if suspect was subject to custodial interrogation without miranda, a subseuqent confession by suspect may be admitted if (oregon v. elstad)

A

totality of the circumstances estabishes that second statement was knowing and voluntary

38
Q

plain view doctrine

A

if polcie are lawfully in a position from which they view an object, if its incriminating chracter is immediatley apparent and if officers have a lwful right of access to the object, they may seize it wihtout a warrant

39
Q

involuntary manslaughter at common law

A

unintentionally killing another

1) during an unlawful act or,

2) with criminal negligence - the substantial failure to act as a reasonable person would act

40
Q

if D comes dangeorusly close to comiting the crime

A

D cannot avoid liablity by abandoning his plan

41
Q

an accessory after the fact

A

1) knows that the principal has committed a felony,

2) aids or assist principal after felony is completed, and

3) does so to help the principal avoid apprehension or conviction

42
Q

transferred intent

A

Ds specific intent to kill one person will be transferred to the person actually harmed by the D

43
Q

exclusionary rule prohibits

A

use of illegally obtained evidence at trial

NOT at grand jury proceedings

44
Q

6th amendment right to counsel attaches

A

once judicial proceedings commence and guarantees D access to any atty during all critical stages

45
Q

6A critical stages

A

interrogations (cops and informants) & lineups,

preliminary hearings & arraignments,

plea negotiations and hearings,

trial & sentencing,

appeals

46
Q

an accomplice must

A

aid or encourage the principal with the intent to further the prinicpal’s criminal aim.

intent can be inferred when accomplice has a personal stake in the crime being committed

47
Q

D cannot be convicted of solicitation if

A

1) the solicited crime requires more than one participant,

2) the criminal statute only imposes liablity on one participant; and

3) the soliticiating party is the type of person law was intended to protect

48
Q

At common law, the property must be…

A

tangible personal property

theft of real property does not equal larcen

49
Q

Under the MPC and modern theft statutes, crim liablity for property crimes includes

A

intangible prop

50
Q

a statute can permit warrantless adminsitrative searchs of highly regulated industries if

A

1) the statute’s purpose involves substanital government interest;

2) warrantless searches are necessary to further the gov interest; and

3) statute provides constitutionally adequate substitute for a warrant

51
Q

receiving stolen property occurs when

A

1) the person who receives control of stolen property knows it was stolen; and

2) specifically intends to permanently derpive the owner of that property

52
Q

mistake of fact is a defense when

A

that misbelief
1) wouldve justified Ds criminal act had the belief been true; or

2) negate the requisite MR for charged crime

*never a defense for strict liablity crimes

53
Q

mistake of law is…

A

never a defense

54
Q

attempted larceny by agent is completed when

A

item is taken even if the principal never gets it

55
Q

burden of proof for affirmative defenses is on

A

the defendant

56
Q

taking requirement for larceny is satisifed by

A

trespassory removal of the property from the owner’s possession into another’s control

taking can be done by D or D’s agent

57
Q

possessory offenses require proof D

A

1) knowingly recieved an illegal item; or

2) exercised dominion and control over the item after learning of its illegal character

58
Q

5A double jeopardy clause protects crim Ds from undue gov harassment by prohibiting:

A

1) multiple punishments for the same offense, and

2) a second prosecution for the same offense after a conviction or acquittal.

two crimes constitute the same offense when: both crimes have indetnical elements or every element of one crime is also an element of the other crime

59
Q

if a lesser crim charge satisfues the requirements of a higher charge then

A

the lesser included offense mergers with the higher offense

60
Q

5A priv against self incrimination protects suspects rom being compelled to provide self incrim evid that is testimonial or comunicative in nature

A

the compelled act of producing a doc is priv if that act would prove:

the doc exists
the suspect poss the doc, or
the doc is authentic

61
Q

transactional immunity

A

protects the suspect from being prosecuted for any crimes associated with self incrim testimonial communications

62
Q

exigent circumstances = exception to warrantless search when cops have pc to believe that one of the following exisits:

A

evanescent evidnece - there is an imminent threat that relevant evid will be destoryed,

emergency situation - there is an immediate threat of harm to police and/or the public,

hot pursuit - a suspect fleeing after felony occured

63
Q

evid of prior crimes or bad acts may be admissible for relevant, noncharacter purposes

A

motive - to show purpose for committing charged crime

intent - to establish guilty mind or negate good faith

absence of mistake - to negate mistake or accident and prove deliberate act

indentity - to connect d to crime w/ unique pattern of behavior (criminal signature)

common scheme or plan - to show prep or planning

other - to show knowledge of crime, opportunity to commit crime, consciousness of guilty

MIMIC

64
Q

voluntary manslaughter

A

intention killing mitigated by either:

1) adequate provocation (provocation that would cause a reaosnable man to lose his normal self control and rendering the mind of a reasonable person incapable of cool reflection), and

2) heat of passion

3) other mitigating factors (imperfect self defense)

65
Q

justification defense of defense of others

A

States typically use one of two rules to evaluate defense of others.

1) D steps into the shoes of the person being attacked and can claim defense of others only if the person being attacked could have acted in self-defense

2) if he reasonably (but mistakenly) believed that the person being attacked had a right to act in self defense

66
Q

forcible felony typically involve

A

use or threat of physical force or violence against an individual (e.g., murder,
manslaughter, sexual battery, robbery, arson, kidnapping, battery)

67
Q

after invocation of miranda rights, counsel must be provided before a suspect can be questioned unless the suspect

A

1) intiaites contact with law enforcement,

2) is given a fresh set of miranda warnings, and

3) executes a knowing and intelligent waiver

68
Q

MD v. Shatzer - time requirement for cessation of custodial interrogation

A

court held that cessation of custodial interrogatin for 14 days terminated the edwards requirement. after 14 days law enforcement may approach a suspect who has previosuly invoked miranda and reinitiate custodial interrogation even w/out a lawyer

69
Q

Miranda does not require perfect adherence to the suggested language in the decision itself

A

warnings must reasonably convey to a suspect his rights as required by miranda

70
Q

clear and unequivocal request for counsel

A

a suspect must “articulate [her] desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the
statement to be a request for an attorney

71
Q

common law burglary

A

breaking and entering of the dwelling of another in the night with the intent to commit a felony therein

72
Q

embezzlement

A

a person unlawfully converts property owned by another to his own use with the intent to permanently deprive the lawful owner of the property

73
Q

under the common law dangerous proximity test, an overt act occurs when

A

D was dangerously close to completing the crime

74
Q

AR for common law murder (unlawful killing) is met when the unlawful result (death) is caused by any of the following

A

vol act - D consciously performed a bodily movement

omission - d had a legal duty to act, could physcially perform that act, but failed to do so

vicarious liality - D was responsible for another’s actions

75
Q

necessity defense

A

crime (other than murder) committed to prevent imminent threat of serious bodily harm from human force

reasonable belief crime was necessary to prevent harm to self or other

no reasonable opportunity to escape

76
Q

consent to sexual intercourse obtained by fraud in factum

A

fraud pertains to nature of act (doctor convinces patient that sexual act is part of the medical exam), and

v is unaware the he is consenting to sexual intercourse

Negates v’s consent

77
Q

consent to sexual intercourse obtained by fraud in inducement

A

fraud pertains to what v knows is an act of sexual intercourse (D promises to marry in exchange for sex), and

V is aware that she is consenting to sexual intercourse

Does not negate v’s consent

78
Q

Competency

A

D is not competent for trial if D cannot

1) understand the nature of the proceeding against him, and

2) cannot assist in his own defense

79
Q

school officials may search a student without a warrant if

A

1) they have reasonable suspicion that the student viol a law or school rule,

2) the scope of the search is reasonably related to the suspected offense, and

3) the search is not excessively intrusive

a warrant is required if the search is conducted at the direction of the police

80
Q

forgery requires

A

the making of a false document of apparent legal signficance (will, check)

81
Q

terry stop and frisk

A

4A permits detention of an indvidual for a brief period of time if the police have reasonable, articulable suspicion that the individual has been recently involved in criminal activity

82
Q

standard for excluding a confession under 14A due process

A

1) whether the police subjected the suspect to coercive conduct, and

2) whether the conduct was sufficent to overcome the will of the suspect

83
Q
A

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