Crim law and procedure

Question 1

voluntary intoxication defense under MPC

Answer 1

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

Question 2

specific intent crimes

Answer 2

assault

murder (premediated or deliberated)

burglary

inchoate crimes (conspiracy, attempt, solitication)

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

AMBIT

Question 3

larceny

Answer 3

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

Question 4

attempt

Answer 4

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

Question 5

robbery

Answer 5

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

Question 6

No reasonable expectation of privacy in

Answer 6

open fields

car while driving (license plate)

Question 7

use and derivative use immunity

Answer 7

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

Question 8

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

Answer 8

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

Question 9

amount of embezzlement is measured by

Answer 9

the value of the property at the time of the conversion

Question 10

supremacy clause prohibits

Answer 10

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

Question 11

common law conspiracy

Answer 11

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

Question 12

an owners later consent to taking does not equal

Answer 12

a defense to larceny

Question 13

warrantless search of a passenger

Answer 13

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

Question 14

US v. Booker

Answer 14

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

Question 15

5th amendment double jeopardy lesser included offenses

Answer 15

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

Question 16

duress excuses D from criminal liability if

Answer 16

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

Question 17

MPC affirmative defense of duress

Answer 17

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

Question 18

M’Naghten test for NGRI (common law)

Answer 18

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?

Question 19

other insanity defense

Answer 19

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

Question 20

malice crimes require proof that D was…

Answer 20

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

Question 21

murder at common law

Answer 21

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

Question 22

1st degree murder MPC

Answer 22

an intentional killing with premeditation and deliberation

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

Question 23

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

Answer 23

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

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

Question 24

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

Question 25

5th amendment double jeopardy protectiosn attached when

Answer 25

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

Question 26

statements in viol of 5A Miranda can be used

Answer 26

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

Question 27

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

Answer 27

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

Question 28

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

Answer 28

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

Question 29

duress and necessity are never a defense to

Answer 29

murder

Question 30

conspiracy (modern)

Answer 30

requires proof of only one guilty mind

Question 31

depraved heart murder (common law)

Answer 31

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

Question 32

common law solitication occurs when...

Answer 32

a D 1) entices, encourages, or commands another to commit a crime, 2) with the specific intent that the person copmmit the crime

Question 33

automobile exception

Answer 33

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

Question 34

larceny by false pretenses

Answer 34

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

Question 35

self defense

Answer 35

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

Question 36

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

Answer 36

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

Question 37

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

Answer 37

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

Question 38

plain view doctrine

Answer 38

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

Question 39

involuntary manslaughter at common law

Answer 39

unintentionally killing another 1) during an unlawful act or, 2) with criminal negligence - the substantial failure to act as a reasonable person would act

Question 40

if D comes dangeorusly close to comiting the crime

Answer 40

D cannot avoid liablity by abandoning his plan

Question 41

an accessory after the fact

Answer 41

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

Question 42

transferred intent

Answer 42

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

Question 43

exclusionary rule prohibits

Answer 43

use of illegally obtained evidence at trial NOT at grand jury proceedings

Question 44

6th amendment right to counsel attaches

Answer 44

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

Question 45

6A critical stages

Answer 45

interrogations (cops and informants) & lineups, preliminary hearings & arraignments, plea negotiations and hearings, trial & sentencing, appeals

Question 46

an accomplice must

Answer 46

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

Question 47

D cannot be convicted of solicitation if

Answer 47

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

Question 48

At common law, the property must be...

Answer 48

tangible personal property theft of real property does not equal larcen

Question 49

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

Answer 49

intangible prop

Question 50

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

Answer 50

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

Question 51

receiving stolen property occurs when

Answer 51

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

Question 52

mistake of fact is a defense when

Answer 52

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

Question 53

mistake of law is...

Answer 53

never a defense

Question 54

attempted larceny by agent is completed when

Answer 54

item is taken even if the principal never gets it

Question 55

burden of proof for affirmative defenses is on

Answer 55

the defendant

Question 56

taking requirement for larceny is satisifed by

Answer 56

trespassory removal of the property from the owner's possession into another's control taking can be done by D or D's agent

Question 57

possessory offenses require proof D

Answer 57

1) knowingly recieved an illegal item; or 2) exercised dominion and control over the item after learning of its illegal character

Question 58

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

Answer 58

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

Question 59

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

Answer 59

the lesser included offense mergers with the higher offense

Question 60

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

Answer 60

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

Question 61

transactional immunity

Answer 61

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

Question 62

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

Answer 62

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

Question 63

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

Answer 63

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

Question 64

voluntary manslaughter

Answer 64

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)

Question 65

justification defense of defense of others

Answer 65

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

Question 66

forcible felony typically involve

Answer 66

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

Question 67

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

Answer 67

1) intiaites contact with law enforcement, 2) is given a fresh set of miranda warnings, and 3) executes a knowing and intelligent waiver

Question 68

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

Answer 68

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

Question 69

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

Answer 69

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

Question 70

clear and unequivocal request for counsel

Answer 70

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

Question 71

common law burglary

Answer 71

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

Question 72

embezzlement

Answer 72

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

Question 73

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

Answer 73

D was dangerously close to completing the crime

Question 74

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

Answer 74

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

Question 75

necessity defense

Answer 75

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

Question 76

consent to sexual intercourse obtained by fraud in factum

Answer 76

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

Question 77

consent to sexual intercourse obtained by fraud in inducement

Answer 77

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

Question 78

Competency

Answer 78

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

Question 79

school officials may search a student without a warrant if

Answer 79

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

Question 80

forgery requires

Answer 80

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

Question 81

terry stop and frisk

Answer 81

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

Question 82

standard for excluding a confession under 14A due process

Answer 82

1) whether the police subjected the suspect to coercive conduct, and 2) whether the conduct was sufficent to overcome the will of the suspect