Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

UBE > Crim Law and Procedure > Flashcards

Crim Law and Procedure Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

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?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Is voluntary intoxication is a defense to crimes requiring malice, recklessness, or negligence?

A

No.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

In the case of recklessness, if a defendant’s lack of awareness results from voluntary intoxication, will his conduct be deemed reckless?

A

Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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?

A

No.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

PC or RS necessary for school searches?

A

Reasonable suspicion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Does a search warrant authorize police to search people found on the premises who are not named in the warrant?

A

No, unless they have probably cause to arrest a person discovered on the premises (and search incident to arrest).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

May police executing an arrest warrant search for the subject of the warrant in a third party’s home?

A

Not without obtaining a separate search warrant for the third party’s home, unless there are exigent circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Larceny

A

taking, carrying away another’s property
by trespass
intent to permanently deprive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Embezzlement

A

fraudulent conversion of property

by a party in rightful possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Robbery

A

larceny + force/immediate threat of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Extortion

A

larceny + threat of future harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

False pretenses

A

victim intended to give title to thief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Larceny by trick

A

victim intended to give mere possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When must intent element be present for burglary?

A

at the time of forceful entry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If a burglar enters through an open door or window, can burglary be committed?

A

No; entry must be forceful.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When may non-deadly force be used in self-defense?

A

reasonable belie the party is threatened with imminent force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When may deadly force be used in self defense?

A

victim w/o fault

confronted with unlawful force

reasonably believes imminent deadly force/great bodily harm is threatened

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Can a person who initiated confrontation use self defense?

A

Only after communicating meaningful withdrawal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When can deadly force be used to protect property?

A

Never; though deadly force may be used in self-defense when someone is within his or her home

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

M’Naghten insanity rule

A

doesn’t know right from wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Irresistible Impulse

A

unable to control behavior or conform it to the law

22
Q

Durham Test

A

but for mental illness, actor wouldn’t have acted

23
Q

MPC Insanity

A

M/Naghten + Irresistible Impulse

24
Q

To what crimes may voluntary intoxication be a defense?

A

specific intent crimes

25
Q

How is involuntary intoxication treated when assessing criminal conduct?

A

like insanity

26
Q

Solicitation

A

asking another + intent

27
Q

Attempt

A

specific intent + overt act

28
Q

Conspiracy

A

agreement of multiple parties
to carry out an illegal act
(mere preparation is enough!)

29
Q

Specific intent crimes

A

first degree murder
larceny
burglary
assault a la attempted battery

30
Q

Is withdrawal ever a valid defense?

A

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)

31
Q

CL Murder

A

unlawful killing of another human with malice aforethought

32
Q

Sufficient intent for murder

A

to kill
to commit serious bodily harm
reckless indifference to unjustifiably high risk to human life
to commit a BARRK felony

33
Q

BAARK felonies

A

Sufficient intent for murder

burglary
arson
rape
robbery
kidnapping
34
Q

Is heat of passion a defense?

A

No, it’s a reduction from murder to voluntary manslaughter.

35
Q

What element separates first degree murder from second degree murder?

A

Deliberate, premeditated killing

cool, dispassionate

36
Q

How does malice need to be proven for felony murder?

A

It’s implied by the underlying felony

37
Q

May a voluntarily intoxicated person commit depraved heart murder?

A

Yes; they can still exhibit a reckless indifference to an unjustifiably high threat to human life.

38
Q

When may a private person use deadly force to effectuate arrest?

A

Only when the recipient of the force is actually guilty of the offense for which the arrest was made.

39
Q

Will an unMirandized confession invoke fruit of the poisonous tree?

A

Not necessarily, if the failure to warn was unintentional.

40
Q

Fruit of the poisonous tree:

unMirandized confession v. involuntary confession

A

Exclusionary rule always invoked for involuntary confessions; not necessarily for unMIrandized confession if the lack of Miranda warning was unintentional.

41
Q

Are persons temporarily detained at traffic stops “in custody” for Miranda purposes?

A

No

42
Q

When may an otherwise-voluntary confession obtained in violation of Miranda be used?

A

Limited purpose of impeachment

43
Q

When do Sixth Amendment rights attach?

A 
Formal charges
(when adversarial judicial proceedings commence)
44
Q

Can a minor be convicted under a statute designed to curb alcohol sales to minors?

A

No; the minor is in the class the statute was designed to protect.

45
Q

Is intent to kill required for murder/attempted murder?

A

Not for murder: unjustifiably high risk to human life is sufficient

Intent IS required for attempted murder

46
Q

define accomplice

A

intends to aid the principal
intends that the principal commit the crime
actually aids/encourages the principal

47
Q

Is ignorance of the law a defense against conspiracy?

A

No.

48
Q

May one who solicits another to complete a crime be found guilty of both solicitation and the complete crime?

A

No.

49
Q

Is mere knowledge that a crime will result from the aid provided sufficient for accomplice liability?

A

No; must also intend that the principal commit the crime

50
Q

Two tests for sufficient evidence of attempt

A

MPC: “substantial step” (beyond mere prep)

CL: proximity test (dangerously close to completion)

51
Q

Is abandonment a valid defense when defendant withdraws at the last minute?

A

No: abandonment is only ever a defense if fully voluntary and complete (not mere postponement)

UBE (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions