Crim Law / Crim Pro

Question 1

voluntary and intelligent plea standard

Answer 1

D is informed of the nature of the charge
The maximum possible penalty and mandatory minimum
Right not to plead guilty
By pleading guilty you have right to trial

Question 2

false pretenses versus larceny by trick

Answer 2

if only custody of the property, larceny by trick; if title, false pretenses (create a false impression as to an existing or past fact)

Question 3

six categories of searches that the court has held to be reasonable without a warrant

Answer 3

consent

Question 4

voluntary intoxication

Answer 4

can disprove premeditation and first degree murder to second degree murder, but cannot disprove malice aforethought

Question 5

criminal assault

Answer 5

an attempt to commit a battery OR I intentional creation, other than mere words, of a reasonable apprehension of imminent bodily harm

Question 6

accomplice liability

Answer 6

participation in the offense with the required intent

participation is either encouraging or assisting

intent means know the primary actor going to commit the offense and intend to encourage him

Question 7

continuing trespass doctrine

Answer 7

if you wrongfully take and then later form the intent to deprive, counts as larceny