Crim Pro Flashcards
Does an officer subjective intentions, play any role in the reasonableness of a seizure under the fourth amendment?
No under Whren v US
Can an officer order a driver and passengers out of a vehicle during a valid traffic stop
Yes, they can under Maryland v Wilson
A court should admit a lay witness’s opinion testimony only if it is:
1) rationally based on the witness’s perception, 2) helpful to clearly understand the witness’s testimony or determine a fact in issue, and 3) not based on scientific, technical, or other specialized knowledge.
Does identification of a controlled substance require expert formal training?
NOPE
Is jury selection a critical stage of trial with which the defendant is guaranteed a right to be present under the sixth amendment confrontation clause?
Yes
In a Bench Trial
A judge may enter a partial finding against the nonmovant after _________
The nonmovant has been fully heard of the issue. If that resolves a party’s claim or defense, the court may enter a judgment on partial findings.
Fed. R. Civ. P. 52(c)
Under the MPC, the requisite mens rea, if not stated in statute is what?
Recklessly
For larceny, generally even the slight use of force to gain possession of another’s property is sufficient. What is the quality the force must have?
the force used by the defendant must be more than the amount necessary to effectuate taking and carrying away the property.
Attempt murder is a ____ intent crime.
Specific intent
True or False: There must be actual intent to be convicted of attempted murder.
True. It is a specific intent crime.
When is deadly force as self-defense permitted?
when the defendant reasonably believes danger of death or serious bodily harm is immediate.
Is a blood draw as part of a valid warrant considered to be a major medical procedure that would shock the conscious?
No, it is a reasonable, minimally invasive medical procedure.
5th amendment privilege against self-incrimination extends to a witness in any proceeding, whether civil or criminal, formal or informal, if
the answers provide some reasonable possibility of incriminating the witness in future criminal proceedings.
Exigent circumstances exist when
police have probable cause to believe that a warrantless entry and/or search is needed to:
1) prevent imminent destruction of relevant evidence (evanescent evidence)
2) protect police and/or the public from immediate physical harm (emergency situation), or
3) pursue a fleeing suspect after a felony occurs (hot pursuit)
Is a parolee who is summoned to appear before a parole officer in custody
No, and is thus not entitled to Miranda warnings
Under the third-party doctrine, individuals generally have no reasonable expectation of privacy in information voluntarily turned over to a third party, so no warrant is required to collect such information.
However, a warrant is required for
historical cell-phone sit-location data even if held by a third party
Does the eight amendment prohibition against cruel and unsual punishment forbids imposing a death sentence on a defendant with an intellectual disability?
Yes, intellectual disability requires in IQ score of 70 or below
A defendant’s due process rights are violated when the prosecution prejudicies the defendant by failing to timely disclose Brady evidence. What is Brady evidence?
Brady evidence is (1) evidence that is favorable to the defendant (exulpatory or impeachment evidence) and (2) material to guilt of punishment.
Does the 4th amendment apply to a subpoena for a witness to testify before a grand jury?
Nope.
Does the sixth amendment right to counsel apply when the person has an attorney appointed, is in there cell, and bragging to an undercover cop?
NO
Denial of the oppurtunity to cross-examine a prosecution witness with regard to bia violates
the confrontation clause.
A witness may invoke the right against self-incrimination in response to specific questions. However, such an invocation after testimony has already been made may violate
a defendant’s right to confront witness guaranteed by the 6th and 14th amendments
If a higher charge is dismissed against a defendant, then testimony is offered on a lesser charge that would prove the higher charge - may the complaint be amended to add back the higher charge?
NO - that would violate double jeopardy
Common law conspiracy requires proof that at least two persons entered an agreement with the specific intent to accomplosh a criminal act.
When the conspired act violates a statute designed to protect members of a given class - can a member of that class be guilty of the criminal act or conspiracy?
NO
Can intent to permanently deprive another of his-her property be formed later by accidentally damaging or destroying the property?
NO
Double jeopardy does not probhibt a second prosecution for the same offense when
1) the defendant was convicted of a lesser offense at the first trial
2) the second prosecution involves a greater offense
3) the facts necessary to prove that offense did not exist during the first trial
When do statutes of limitations start to run?
Once all elements of the crime have occurred
What does it mean to challenge a potiential juror for cause during vio dire?
Challenge is for a juror whose view would subtantially impair his/her ability to be impartial when deciding the case
Can someone be guilty of attempt even if it was factually impossible to complete the intended crime?
Yes.
i.e. factual impossibility is not a defense to attempt
Is legally impossibility a defense to attempt?
Yes.
Can officers enter a neighbors property to view into a home and use the plain use doctine?
YES
Why? because the homeowner will have no standing as the intrustion was onto the neighbors property not theirs and you have knowingly exposed the crime/criminal activities to others
Does a voluntary warrantless search need to have informed consent?
NOPE
