Crim Law and Procedure Flashcards
A drunk man loaded his rifle and fired a bullet through his front door. Unbeknownst to him, someone was driving by the house. The bullet went through the front door, through the window of the car, and killed the driver. Is there sufficient evidence to support a finding of murder?
Yes. To support a finding of murder, the trial court would have to find that the shooter acted either intentionally or with malice aforethought. “Malice aforethought” can mean that the defendant is acting with reckless indifference to an unjustifiably high risk to human life.
Is voluntary intoxication is a defense to crimes requiring malice, recklessness, or negligence?
No.
In the case of recklessness, if a defendant’s lack of awareness results from voluntary intoxication, will his conduct be deemed reckless?
Yes.
Under the majority view, can criminal liability for murder be based on the death of a co-felon from resistance by the victim or police pursuit?
No.
PC or RS necessary for school searches?
Reasonable suspicion
Does a search warrant authorize police to search people found on the premises who are not named in the warrant?
No, unless they have probably cause to arrest a person discovered on the premises (and search incident to arrest).
May police executing an arrest warrant search for the subject of the warrant in a third party’s home?
Not without obtaining a separate search warrant for the third party’s home, unless there are exigent circumstances.
Larceny
taking, carrying away another’s property
by trespass
intent to permanently deprive
Embezzlement
fraudulent conversion of property
by a party in rightful possession
Robbery
larceny + force/immediate threat of force
Extortion
larceny + threat of future harm
False pretenses
victim intended to give title to thief
Larceny by trick
victim intended to give mere possession
When must intent element be present for burglary?
at the time of forceful entry
If a burglar enters through an open door or window, can burglary be committed?
No; entry must be forceful.
When may non-deadly force be used in self-defense?
reasonable belie the party is threatened with imminent force
When may deadly force be used in self defense?
victim w/o fault
confronted with unlawful force
reasonably believes imminent deadly force/great bodily harm is threatened
Can a person who initiated confrontation use self defense?
Only after communicating meaningful withdrawal
When can deadly force be used to protect property?
Never; though deadly force may be used in self-defense when someone is within his or her home
M’Naghten insanity rule
doesn’t know right from wrong
Irresistible Impulse
unable to control behavior or conform it to the law
Durham Test
but for mental illness, actor wouldn’t have acted
MPC Insanity
M/Naghten + Irresistible Impulse
To what crimes may voluntary intoxication be a defense?
specific intent crimes
How is involuntary intoxication treated when assessing criminal conduct?
like insanity
Solicitation
asking another + intent
Attempt
specific intent + overt act
Conspiracy
agreement of multiple parties
to carry out an illegal act
(mere preparation is enough!)
Specific intent crimes
first degree murder
larceny
burglary
assault a la attempted battery
Is withdrawal ever a valid defense?
Never to conspiracy
Can be a defense to an underlying crime if an affirmative act gives all others adequate notice (such that they have time to withdraw if they so desire)
CL Murder
unlawful killing of another human with malice aforethought
Sufficient intent for murder
to kill
to commit serious bodily harm
reckless indifference to unjustifiably high risk to human life
to commit a BARRK felony
BAARK felonies
Sufficient intent for murder
burglary arson rape robbery kidnapping
Is heat of passion a defense?
No, it’s a reduction from murder to voluntary manslaughter.
What element separates first degree murder from second degree murder?
Deliberate, premeditated killing
cool, dispassionate
How does malice need to be proven for felony murder?
It’s implied by the underlying felony
May a voluntarily intoxicated person commit depraved heart murder?
Yes; they can still exhibit a reckless indifference to an unjustifiably high threat to human life.
When may a private person use deadly force to effectuate arrest?
Only when the recipient of the force is actually guilty of the offense for which the arrest was made.
Will an unMirandized confession invoke fruit of the poisonous tree?
Not necessarily, if the failure to warn was unintentional.
Fruit of the poisonous tree:
unMirandized confession v. involuntary confession
Exclusionary rule always invoked for involuntary confessions; not necessarily for unMIrandized confession if the lack of Miranda warning was unintentional.
Are persons temporarily detained at traffic stops “in custody” for Miranda purposes?
No
When may an otherwise-voluntary confession obtained in violation of Miranda be used?
Limited purpose of impeachment
When do Sixth Amendment rights attach?
Formal charges (when adversarial judicial proceedings commence)
Can a minor be convicted under a statute designed to curb alcohol sales to minors?
No; the minor is in the class the statute was designed to protect.
Is intent to kill required for murder/attempted murder?
Not for murder: unjustifiably high risk to human life is sufficient
Intent IS required for attempted murder
define accomplice
intends to aid the principal
intends that the principal commit the crime
actually aids/encourages the principal
Is ignorance of the law a defense against conspiracy?
No.
May one who solicits another to complete a crime be found guilty of both solicitation and the complete crime?
No.
Is mere knowledge that a crime will result from the aid provided sufficient for accomplice liability?
No; must also intend that the principal commit the crime
Two tests for sufficient evidence of attempt
MPC: “substantial step” (beyond mere prep)
CL: proximity test (dangerously close to completion)
Is abandonment a valid defense when defendant withdraws at the last minute?
No: abandonment is only ever a defense if fully voluntary and complete (not mere postponement)
