Crim Law & Procedure

Question 1

What standard of proof is needed for incompetency to stand trial?

Answer 1

If the plaintiff shows they are more likely than not incompetent, prosecution can’t go forward (preponderance of the evidence)
A requirement for a more rigorous standard is unconstitutional

Question 2

Duel Sovereignty Jurisdiction

Answer 2

Prosecution and conviction for the same act by two states or a state and the federal government does not violate double jeopardy because each sovereign has the right to enforce its own laws

Question 3

Entrapment

Answer 3

Defendant must show 1) government inducement of the crime and 2) the defendant’s lack of predisposition to engage in the criminal conduct (predisposition is far more important of the two)
Prior convictions for similar offenses is highly probative

Question 4

What can a parent be charged with for failure to provide necessities for their children leading to their death?

Answer 4

Criminal negligence – Involuntary Manslaughter

Question 5

Can a person be found liable for accomplice liability through mere knowledge that a crime may result?

Answer 5

No, at least where the aid involves the sale of ordinary goods at ordinary prices

Question 6

Attempt – Mental State

Answer 6

A person who took a substantial step towards commission of a crime but was only reckless with respect to the target offense can’t be liable

Question 7

Does the exclusionary rule apply to grand jury proceedings?

Answer 7

No; Grand jury proceedings do apply attorney-client privilege and includes preparatory discussions with consultants

Question 8

When is a school search held reasonable?

Answer 8

If it offers a moderate chance of finding evidence of wrongdoing, the measures adopted to carry out the search are reasonably related to the objectives of the search, and the search isn’t excessively intrusive in light of the age and sex of the student and the nature of the infraction (probable cause isn’t necessary, just reasonable grounds to search)

Question 9

When does a defendant have a right to counsel at pre-trial identifications?

Answer 9

Once the right has attached, for the entire procedure, meaning at all times when visible to the witness

Question 10

Conspiracy: Plurality of Agreement

Answer 10

Under the common law, if two people enter into a conspiracy but one of them does not intend to commit the crime, there is no conspiracy

Question 11

Recklessness

Answer 11

Conscious disregard of a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow

Question 12

Embezzlement: Replacement of Property

Answer 12

If the defendant intends to replace with the exact property, there is no embezzlement
If the defendant intends to replace with similar or substantially identical property, there is

Question 13

Can a person be liable for larceny even if they did not personally engage in the behavior?

Answer 13

Yes if they act through an innocent agent

Question 14

Executing an arrest warrant in a 3rd party’s home

Answer 14

Absent exigent circumstances, the police executing an arrest warrant in the home of a third party may not search for the subject of the warrant without first obtaining a separate search warrant for the home

Question 15

Are statements made after an unlawful arrest admissible?

Answer 15

No, regardless of whether Miranda rights were properly given

Question 16

What is the remedy for a violation of the right to a speedy trial?

Answer 16

Dismissal without prejudice

Question 17

Are threats to a victim’s property sufficient for robbery?

Answer 17

Yes, if it is a threat to the dwelling

Question 18

What amendment does double jeopardy arise from?

Answer 18

5th A

Question 19

Depraved-Heart: Substantial risk of causing death

Answer 19

Courts have found this when the defendant’s behavior had no legitimate purpose and is done solely for their amusement

Question 20

Factors of coercive conduct

Answer 20

Suspect’s age, level of education, and familiarity with the criminal justice system

Question 21

Motion for Judgment of Acquittal

Answer 21

Should be granted only if the prosecution has failed to present sufficient evidence for a reasonable jury to find that the defendant committed each element of the charged offense beyond a reasonable doubt

Question 22

Voluntary withdrawal or abandonment as a defense to attempt: Majority view v. minority view

Answer 22

Majority: Not a defense if the actor’s conduct has gone beyond mere preparation
Minority: Any time but the abandonment must be utterly voluntary

Question 23

Battered Wife Syndrome

Answer 23

Reasonable and sufficient provocation may arise from an extended course of ill treatment

Question 24

6th Amendment and Plea Bargaining

Answer 24

A defendant has a 6th Amendment right to counsel during plea bargaining (can sue for ineffective counsel during this process)

Question 25

Is the insanity defense protected under the constitution?

Answer 25

No, it is solely a common law defense, so the federal government or any state does not have to allow the defense

Question 26

What is the extent of Congress’ ability to regulate the appellate jurisdiction of SCOTUS?

Answer 26

Congress cannot regulate as to SCOTUS’ rulings based specifically on the interpretation of the Constitution

Question 27

When is abandonment not a viable defense?

Answer 27

When the abandonment was motivated by fear of being caught;
When the accused proceeded well into the execution and then turned away because the plans are found to have been frustrated;
When the defendant has already completed the crime of attempt

Question 28

Is intoxication a defense to malice?

Answer 28

No, so a defendant can be charged with 2nd degree murder

Question 29

Can a defendant be charged for attempted robbery and armed assault?

Answer 29

No, convictions for attempted armed robbery and aggravated assault merge when the two charges arise out of the same act or transaction

Question 30

Can a defendant be responsible for the burden of proving an alibi?

Answer 30

No because alibi is not a defense but rather negates an element of the crime, so the prosecution must show a lack of alibi

Question 31

Can a criminal defendant be forced to take medication in order to be mentally fit to stand trial?

Answer 31

Yes, the administration of medicine to render the defendant capable to stand trial, without serious side effects, is an important governmental interest, especially in a homicide case

Question 32

If a statute is silent as to mens rea, is the criminal intent element presumed not applicable?

Answer 32

No, statutes dispensing with mens rea have a generally disfavored status and where the statute is silent or ambiguous, the criminal intent element should be favored as a requirement for conviction

Question 33

Can the US Park Police make warrantless arrests?

Answer 33

Some states allow these arrests for a state law violation, but it’s usually restricted to crimes committed in their presence

Question 34

Can a defendant be guilty of common law arson for a reckless act?

Answer 34

No, common law arson requires a deliberate and intentional act

Question 35

When is a statute with specific intent likely to be upheld?

Answer 35

When the penalty is minor, proving intent would be difficult, and the violation causes general harm to the public (ex. statute for a fine is less likely to be SL than one only specifically for a misdemeanor as the fine could be for a felony; SL for felonies is usually unconstitutional)

Question 36

Attempt: What is sufficient for an overt act?

Answer 36

Must be more than just mere preparation; Preparation can include driving to a person’s house, collecting tools and resources for the intended crime, conducting surveillance on the crime scene, etc

Question 37

Intent: Criminal assault v. criminal battery

Answer 37

Assault is specific intent; Battery is general intent

Question 38

Russian Roulette: What level of murder?

Answer 38

2nd degree because it is done intentionally and poses a threat of serious bodily harm

Question 39

How many jurors are required by the constitution?

Answer 39

12 jurors aren’t required, but if there is only 6, unanimity is required

Question 40

Obligation to retreat

Answer 40

There is no obligation to retreat from a threat of violence unless the defender intends to use deadly force

Question 41

When must the use of force happen for robbery?

Answer 41

It can happen at any time, even if not used in the actual taking, as long as the person is still in the process of carrying away

Question 42

Does the defendant have a right to be present at jury matters?

Answer 42

Yes, they have the right to be present at voir dire and at empaneling of the jury

Question 43

Do all criminal charges have to be brought against the defendant in one proceeding?

Answer 43

No

Question 44

Can larceny be of illegal substances?

Answer 44

Yes

Question 45

Does conspiracy require an overt act?

Answer 45

No, but there does have to be plurality of agreement

Question 46

Conspiracy to attack a federal officer

Answer 46

The defendant does not need to know their victim is a federal officer to be convicted, just have to intend to attack that specific person

Question 47

Forgery

Answer 47

The fraudulent making of a false writing with apparent legal significant with the intent to defraud

Question 48

For conspiracy, does the 2nd party have to know specifics about the crime?

Answer 48

The general suspicion of illegal use is not sufficient to convict of conspiracy (they at the very least have to know what kind of crime was going to be committed)

Question 49

Is intoxication a defense to common law murder? Arson?

Answer 49

Not always; If the person acted w/ reckless disregard for human safety, they can be guilty b/c it isn’t specific intent

Question 50

Can reckless driving be sufficient for depraved heart murder?

Answer 50

Generally no unless combined with other aggravating factors such as drunk driving

Question 51

Does a guilty plea waive the right to a claim of a 4th A violation?

Answer 51

No

Question 52

What is the public safety exception to Miranda?

Answer 52

The police can ask limited interrogation when intended to protect public safety, such as asking about other weapons before arrest

Question 53

Does a guilty plea on a lessor included offense cause Double Jeopardy to attach?

Answer 53

No, the acceptance of the plea on the lessor offense while the greater offenses remain pending has none of the implications of an implied acquittal that results from a guilty verdict rendered by a jury charge