Crim Law & Pro

Question 1

First Degree Murder:

Answer 1

Murder committed with premeditation and deliberation—where defendant made decision to kill with a cool head, and actually reflected on decision—or during an enumerated felony.

Question 2

Second Degree Murder:

Answer 2

generally defined as all murders that do not satisfy first degree murder: unlawful killing of a human being with malice aforethought.

Established upon a showing of: 1) intent to kill, 2) intent to inflict great bodily injury, 3) reckless disregard for an extreme risk to human life, or 4) intent to commit an inherently dangerous, non-enumerated felony.

Question 3

Voluntary Manslaughter:

Answer 3

1) intentional killing, 2) of a person, 3) with adequate provocation.

Adequate provocation: 1) defendant was provoked, 2) a reasonable person would have been provoked, 3) there was not enough time to cool off, and 4) defendant did not cool off before the killing.

Question 4

Attempt:

Answer 4

person had 1) specific intent to commit crime, and 2) took an overt act sufficiently beyond mere preparation. Attempt merges with the underlying crime.

Question 5

4. Insanity:

Answer 5

1) M’Naughten: Suffers from condition preventing defendant from appreciating wrongfulness of actions or understanding nature and quality of actions. 2) MPC: Encompasses M’Naughten but includes inability to conform conduct to law due to irresistible impulse. 3) ALI: Includes both appreciation and the irresistible impulse.

Question 6

Exclusionary Rule:

Answer 6

Evidence obtained in violation of defendant’s Fourth, Fifth, or Sixth Amendment rights generally will be excluded from the prosecution’s case in chief. Additionally, all derivative evidence is inadmissible under the fruit of the poisonous tree doctrine. Suppression is not required if the taint of the unconstitutional action can be attenuated.

Miranda Exceptions: 1) physical evidence OK, 2) subsequent statements OK, 3) improper statements may only be used to impeach defendant on CX.

Question 7

Fourth Amendment:

Answer 7

Protects citizens against unlawful government searches and seizures; searches and seizures are reasonable if conducted pursuant to a warrant. In order to challenge a search or seizure, the challenging party must have standing, requiring a reasonable expectation of privacy in the item or place searched (ownership or authority).

Question 8

Reasonable Suspicion:

Answer 8

articulable facts sufficient to support reasonable belief that criminal activity is taking place.

Question 9

Probable Cause:

Answer 9

1) trustworthy facts or knowledge, 2) sufficient for a reasonable person to believe, that 3) the person is involved in a crime.

Question 10

Valid Search:

Answer 10

For a search to be valid, 1) there must have been probable cause, 2) the warrant must state with particularity the place to be searched and the items to be seized, and 3) it must be issued by a neutral and detached magistrate.

Question 11

Fifth Amendment:

Answer 11

guarantees freedom against compelled self-incrimination; to protect this right, detainees must be given Miranda warnings prior to custodial police interrogation. Miranda only covers communicative or testimonial statements.

Custody: attaches when an individual does not feel free to leave,

Interrogation: attaches when the police knew or should have known their conduct was likely to elicit an incriminating response.

Public safety exception: limited interrogation is allowed to ask questions reasonably prompted regarding a concern for public safety.

Question 12

Sixth Amendment:

Answer 12

The defendant has a constitutional right to be represented by counsel at all critical stages of a criminal prosecution after formal adversarial proceedings have begun.

Question 13

Due Process Identification:

Answer 13

A lineup violates due process when the identification is unnecessarily suggestive and there is a substantial likelihood of misidentification. Must be extremely suggestive.