Crim Law/Pro

Question 1

Basic Elements of a Crime

Answer 1

act, Intent, Causation & Concurrence

Causation requires showing that the D’s acts were both the actual and proximate cause of the outcome

Question 2

Accomplice Liability

Answer 2

A person is guilty as accomplice is he:

• assists or encourages* the principal with dual intents:
  1) the intent to assist the principle
  2) the intent that the principle commit underlying offense

Note: Person is not liable for accomplice liability - they are liable for the crime through a theory of accomplice liability! (liable for crime itself)

Question 3

Intro to Murder - Statement

Answer 3

In order to be guilty of murder, the D must have the mens rea of malice aforethought which is satisfied in most jurisdictions with:

1) Intent to kill (first degree)
2) intent to inflict great bodily injury (second degree)
3) Depraved Heart / with reckless disregard of an extreme risk to human life (second-degree)
4) Felony Murder

Question 4

First-Degree Murder

Answer 4

Arises when the killing is:
1) Premeditated & Deliberated - D must have killed in a dispassionate manner and must have considered or reflected on the killing even if momentarily. Look to circumstances.

or
2) Felony Murder (by state) ?

Question 5

Second-Degree Murder

Answer 5

Arises when the killing is:
1) caused with the intent to inflict great bodily injury or
2) by acting with reckless disregard of an extreme risk to human life (depraved heart)
Note: Depraved heart usually requires that the D acted recklessly and that D’s conduct shows a “high degree of indifference to the value of human life”

Catch all

Question 6

Felony Murder

Answer 6

Killing that occurs during the attempt or commission of an inherently dangerous felony.
The purpose of the felonious conduct must be independent of the homicide.

Question 7

Voluntary Manslaughter

Answer 7

Is an intentional killing of a human being without malice aforethought committed in the heat of passion due to adequate provocation or imperfect self-defense (in some jx).

Adequate Provocation = looked at through the eyes of an ordinary person, D was in fact provoked, there was insufficient time to cool off (subjective), D did not cool off

Note: Not a defense to murder, but can be a mitigating factor to reduce murder to voluntary manslaughter

Question 8

Involuntary Manslaughter

Answer 8

aka misdemeanor manslaughter.

A killing committed with criminal negligence or during the commission of an unlawful act.

The majority view is that the D must have acted recklessly.
Some state says gross negligence is enough.

Also applies when felony murder fails.

Question 9

Attempt

Answer 9

Specific Intent Crime.

To prove attempt, Prosecution must prove:

1) the D intended to commit the crime, and
2) the D commited an overt act beyond mere preparation.
- Common Law: “dangerously close” to the crime
- MPC: D’s conduct is a “substantial step” toward the crime

Abandonment is not a defense to attempt in most states.

Question 10

Criminal Defenses Generally

Answer 10

Capacity - Insanity, Infancy, Capacity, Intoxication
Justification - Self-Defense, Use of Force, Defense of Dwelling or Property
Other - Necessity, Duress, Consent

Question 11

Duress

Answer 11

Defense when D performs a crime when there was a threat or use of force by another which caused a reasonable fear, that if the D did not perform the crime, either he or a 3rd person would suffer imminent death or serious bodily injury.

Duress is never a defense to intentional homicide.

Question 12

Insanity Tests

Answer 12

Criminal Capacity Affirmative Defense. D has burden of proof.

Majority - M’Naghten Test - (D doesn’t know right from wrong). D suffered from a disease of the mind, and as a result he lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.

Irresistible Impulse (D acted due to irresistible impulse): Due to a mental illness, D was unable to control his actions or conform his conduct to the law

MPC - combo of M & I - As a result of D’s mental disease, D lacked capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law

Durham - but for his mental illness, D would not have acted (D’s conduct was the product of a mental illness).

Question 13

Fourth Amendment Standing Requirement - Intro

Answer 13

A person has standing to raise a 4th amendment challenge if has standing which occurs if he has an expectation of privacy in the thing searched or seized.

Question 14

Fourth Amendment General Rule

Answer 14

The 4th amendment applies to searches and seizures conducts by the govt in areas where a person has a reasonable expectation of privacy.
An agent generally need a warrant, however there are many exceptions including: exigent circumstances, search incident to arrest, consent, auto exception, plain view, inventory, special needs, Terry Stock and Frisk

Question 15

Plain View Exception

Answer 15

PO can seize w/o a warrant under the plain view exception when:

1) Officer is lawfully in a position from which they view an object,
2) its incriminating character is immediately apparent, and
3) the officer has a lawful right of access to it

Question 16

Terry Stops & Frisks

Answer 16

The fourth amendment permits detention of an individual for a brief period of time if the police have “reasonable, articulable suspicion” that the individual has been recently involved in criminal activity.

Can frisk if reasonably thinks armed and dangerous and can get anything with plain feel.

Question 17

14th Amendment - Voluntariness under the Due Process Clause

Answer 17

Under the Due Process Clause, a confession must be voluntary which is assessed based on: the Totality of Circumstances

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

Neither the confession nor the fruits of the confession is admissible if 14th is violated.

Question 18

6th Amendment Right to Counsel

Answer 18

Offense Specific & Automatic.

6th Amendment, as applied to the states through the 14th, provides that the accsed has the right “to have assistance of counsel for his defense”.

Attaches: when judicial proceedings have begun (accused is formally charged via indictment, arraignment, prelim hearing). - but not upon arrest.

Once attached: any attempts to deliberately elicit an incriminating statement about the offense the D is charged with, in absence of counsel or waiver, violates the 6th amendment

Question 19

5th Amendment Right to Counsel & Right to Remain Silent - Generally

Answer 19

Not automatic, Not Offense Specific
“Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to custodial interrogation”.

Question 20

5th Amendment Right to Counsel - Custodial Interrogation Definition

Answer 20

Custody = When there is a formal arrest, or a restraint on freedom such that D does not feel free to leave

Interrogation: Includes questioning initiated by law enforcement officers or any words/actions that the police should know are reasonably likely to incite an incriminating response.

Question 21

5th Amendment Right to Counsel - Miranda Waiver & Invocation

Answer 21

Waiver - The Suspect must making a “knowing, intelligent, and voluntary” waiver. Low bar, look to ToC

Invocation: For both the right to remain silent and counsel, the suspect explicitly, unambiguously, and unequivocally make the request.

Question 22

Fruit of the Poisonous Tree + 3 exceptions

Answer 22

If a violation occurs (evidence is derived or obtained from illegal govt conduct), the statements will be excluded from the P’s case in chief. The physical fruits are not excluded if the statements were made voluntarily.

Exceptions: Independent Source, Inevitable Discovery & Attenuation.

Question 23

5th Amendment - Exception

Answer 23

Public Safety - Warnings not required if the questions are intended to protect public safety (to secure weapons after a shooting)

Question 24

Automobile Exception

Answer 24

If PO have Probable Cause: Entire car search is OK (including opening packages)

Search Incident to Arrest - PO can search vehicle’s interior including glove box if:

1) arrestee is unsecured and can access inside or car, OR
2) PO reasonably believes evidence for which arrest was made would be found in vehicle

(what is found may then create probable cause leading to a full on car search)