Crim Law and Procedure

Question 1

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?

Answer 1

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.

Question 2

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

Answer 2

No.

Question 3

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

Answer 3

Yes.

Question 4

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?

Answer 4

No.

Question 5

PC or RS necessary for school searches?

Answer 5

Reasonable suspicion

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

Larceny

Answer 8

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

Question 9

Embezzlement

Answer 9

fraudulent conversion of property

by a party in rightful possession

Question 10

Robbery

Answer 10

larceny + force/immediate threat of force

Question 11

Extortion

Answer 11

larceny + threat of future harm

Question 12

False pretenses

Answer 12

victim intended to give title to thief

Question 13

Larceny by trick

Answer 13

victim intended to give mere possession

Question 14

When must intent element be present for burglary?

Answer 14

at the time of forceful entry

Question 15

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

Answer 15

No; entry must be forceful.

Question 16

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

Answer 16

reasonable belie the party is threatened with imminent force

Question 17

When may deadly force be used in self defense?

Answer 17

victim w/o fault

confronted with unlawful force

reasonably believes imminent deadly force/great bodily harm is threatened

Question 18

Can a person who initiated confrontation use self defense?

Answer 18

Only after communicating meaningful withdrawal

Question 19

When can deadly force be used to protect property?

Answer 19

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

Question 20

M’Naghten insanity rule

Answer 20

doesn’t know right from wrong

Question 21

Irresistible Impulse

Answer 21

unable to control behavior or conform it to the law

Question 22

Durham Test

Answer 22

but for mental illness, actor wouldn’t have acted

Question 23

MPC Insanity

Answer 23

M/Naghten + Irresistible Impulse

Question 24

To what crimes may voluntary intoxication be a defense?

Answer 24

specific intent crimes

Question 25

How is involuntary intoxication treated when assessing criminal conduct?

Answer 25

like insanity

Question 26

Solicitation

Answer 26

asking another + intent

Question 27

Attempt

Answer 27

specific intent + overt act

Question 28

Conspiracy

Answer 28

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

Question 29

Specific intent crimes

Answer 29

first degree murder larceny burglary assault a la attempted battery

Question 30

Is withdrawal ever a valid defense?

Answer 30

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)

Question 31

CL Murder

Answer 31

unlawful killing of another human with malice aforethought

Question 32

Sufficient intent for murder

Answer 32

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

Question 33

BAARK felonies

Answer 33

Sufficient intent for murder ``` burglary arson rape robbery kidnapping ```

Question 34

Is heat of passion a defense?

Answer 34

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

Question 35

What element separates first degree murder from second degree murder?

Answer 35

Deliberate, premeditated killing | cool, dispassionate

Question 36

How does malice need to be proven for felony murder?

Answer 36

It's implied by the underlying felony

Question 37

May a voluntarily intoxicated person commit depraved heart murder?

Answer 37

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

Question 38

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

Answer 38

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

Question 39

Will an unMirandized confession invoke fruit of the poisonous tree?

Answer 39

Not necessarily, if the failure to warn was unintentional.

Question 40

Fruit of the poisonous tree: | unMirandized confession v. involuntary confession

Answer 40

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

Question 41

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

Answer 41

No

Question 42

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

Answer 42

Limited purpose of impeachment

Question 43

When do Sixth Amendment rights attach?

Answer 43

``` Formal charges (when adversarial judicial proceedings commence) ```

Question 44

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

Answer 44

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

Question 45

Is intent to kill required for murder/attempted murder?

Answer 45

Not for murder: unjustifiably high risk to human life is sufficient Intent IS required for attempted murder

Question 46

define accomplice

Answer 46

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

Question 47

Is ignorance of the law a defense against conspiracy?

Answer 47

No.

Question 48

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

Answer 48

No.

Question 49

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

Answer 49

No; must also intend that the principal commit the crime

Question 50

Two tests for sufficient evidence of attempt

Answer 50

MPC: "substantial step" (beyond mere prep) CL: proximity test (dangerously close to completion)

Question 51

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

Answer 51

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