Crimes Cards

Question 1

Conspiracy

Answer 1

Is an agreement between two or more people to commit a crime. A conspiracy requires 1) an intent to enter an agreement, 2) an intent to agree, and 3) an intent to carry out the target offense. Most modern jurisdictions also require an overt act which sets the conspiracy in motion. Those in the conspiracy will be liable for all substantive crimes that are natural and foreseeable consequences of the target offense.

Question 2

Assault

Answer 2

Is either 1) a failed battery (a non-consensual offensive touching), or 2) an intent to cause imminent apprehension in another of an imminent battery.

Question 3

Larceny

Answer 3

Is the 1) trespassory (without consent), 2) taking, and 3) carrying away (slightest movement is sufficient) of 4) the personal property or 5) another with 6) the intent to permanently deprive that person of their property.

Question 4

Robbery

Answer 4

Is essentially an assault plus larceny. It is the 1)taking of 2) the personal property 3) from a person’s presence, 4) by force or fear, 5) with the intent to permanently deprive that person of their property.

Question 5

Burglary

Answer 5

At common law, burglary was the 1) breaking and 2) entering of 3) the dwelling house of 4) another 5) in the nighttime 6) with the intent to commit a felony therein. However, many jurisdictions have eliminated the nighttime requirement and have expanded dwellings to be more than just homes.

Question 6

First Degree Murder

Answer 6

Is statutory in nature and most jurisdictions have held that it encompasses 1) premediated and deliberate murder or 2) felony murder during certain inherently dangerous enumerated felonies (burglary, rape, arson, robbery, and kidnapping).

Question 7

Second Degree Murder (Common Law Murder)

Answer 7

At common law, murder was the killing of one human being by another human being with malice aforethought. The intent to kill, malice, can take several forms: actual intent (express), killing with reckless indifference to human life (depraved heart), intent to cause great bodily harm, or felony murder.

Question 8

Attempt

Answer 8

Is a specific intent crime which requires 1) the specific intent to commit the underlying offense and 2) a substantial step toward the commission of that offense (dangerously close to commission).

Question 9

4th Amendment

Answer 9

Protects against unreasonable searches and seizures. A search without a warrant is per se unreasonable unless there is an exception to the warrant requirement.

Question 10

Government Conduct

Answer 10

The 4th Amendment only protects individuals from government conduct, it does not govern purely private behavior.

Question 11

Reasonable Expectation of privacy

Answer 11

A search is a governmental intrusion into an area where a person has a subjective expectation of privacy that society is willing to regard as reasonable, or a search into a constitutionally protected area. In order to assert a reasonable expectation of privacy, and thus have standing to make a 4th amendment claim, the person must have had an ownership interest in the place searched or item seized.

Question 12

Vehicle Stop

Answer 12

A police officer may pull over a vehicle if they have reasonable suspicion, supported by articulable facts, that criminal activity is afoot. Whether an officer has reasonable suspicion will be determined based on the totality of the circumstances, although the courts have held that it requires more than a mere hunch.

Question 13

Terry Stop and Frisk

Answer 13

A stop and frisk, or Terry Stop, permits an officer to stop a person whenever they have reasonable suspicion, based on articulable facts, that criminal activity is afoot. If the officer also believes that the person is armed and dangerous, then the officer can conduct a pat down on their outer clothing in order to search for weapons.

Question 14

Fruit of the Poisonous Tree (Poisonous Doctrine)

Answer 14

Is an exclusionary rule through a judge-made doctrine that states that any evidence obtained in violation of a person’s 4th, 5th, or 6th amendment rights is inadmissible (subject to a few exceptions). Under the Poisonous Doctrine, all secondary evidence obtained as a result of an unlawful search will also be excluded.

Question 15

Voluntary Manslaughter

Answer 15

Is the killing that would be murder but for the existence of adequate provocation. Provocation is adequate only if such provocation would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control. It must be in the moment with no “cool down” time.

Question 16

Involuntary Manslaughter

Answer 16

A killing with criminal negligence or “recklessness.” Generally used to charge drunk drivers who’ve murdered someone.

Question 17

Fifth Amendment

Answer 17

Protects the right of defendants to be free from compelled self-incrimination. The Supreme Court has decided that Miranda warnings are necessary to protect this right so that a defendant is made aware of his right to invoke his privilege against self-incrimination and his right to counsel. Waivers of a defendant’s Miranda rights must be knowing and voluntary.

Question 18

Miranda Application

Answer 18

Only applies in interrogations. Interrogations include express questioning by police officers as well as any statements or conduct by the police that may reasonably lead to inculpatory statements by a defendant. However, statements that are made spontaneous or voluntary by the defendant are not obtained in violation of Miranda. A declaration of asserting Miranda Rights must be clear and unequivocal.

Question 19

Sixth Amendment

Answer 19

A defendant has the right to counsel at all critical stages of the criminal case. The sixth amendment right to counsel attaches when a defendant is formally charged with a crime. It is offense specific, meaning, the police may question the defendant about another crime to which the defendant must assert an attorney for that crime.

Question 20

Automobile exception to Warrant

Answer 20

An exception to a search warrant requirement is an automobile search based on probable cause. THe parts of the car that can be searched depend on what the probable cause is for. Such as, an officer searching for a machine gun cannot search a small cylinder container.

Question 21

Search Incident to Arrest

Answer 21

An exception to a search warrant requirement. When an officer searches a car after arresting a defendant, the police officer may also search the passenger compartment of the car if 1) the defendant is unsecured and capable of reaching into the car OR 2) the officer believes that evidence of the offense of arrest may be found in the car.

Question 22

Inevitable Discovery/ Impound Search

Answer 22

Is a potential defense to a warrantless vehicle search. When vehicles are taken to police impound lots, the police conduct an “inventory search” which is meant to protect the police from allegations that any material that has gone missing was done by the police. The police look through the car and document all items in the car as inventory. Is considered valid as long as it is routine based on valid authority that is not under the pretext to search for evidence.

Question 23

Accomplice Liability

Answer 23

Will attach when an accomplice aids a principal in performing a crime with the specific intent that the crime be performed. An accomplice will also be liable for all the substantive crimes that the principal has done.

Question 24

Conspirator Withdrawal

Answer 24

A co-conspirator could withdraw from a conspiracy depending on the jurisdiction. Under the common law, a co-conspirator cannot withdraw from a conspiracy because the conspiracy occurs when the agreement is made. However, even under the common law, a co-conspirator could withdraw from the conspiracy even after the agreement is made so as to not be held responsible for future crimes. Must be clearly made to other co-conspirators and requires informing the police.

Question 25

Duress

Answer 25

Is a defense whereby the defendant argues that they had to commit a crime because they or a third party were under an imminent threat that threatened serious bodily harm or death.

Question 26

Lineup's

Answer 26

Police cannot use lineups that are impermissibly suggestive that have a substantial likelihood of resulting in misidentification.

Question 27

State Action

Answer 27

Actions undertaken by those within the government, such as police officers, are subject to state actions and reviewed against constitutional rights to consider if a motion to suppress is necessary.

Question 28

Reasonable Expectation of Privacy

Answer 28

A person must have a reasonable expectation of privacy in the item searched or they must be subject to a seizure. A person can have a reasonable expectation in a private conversation. Persons do not have a reasonable expectation of privacy in Open Fields or for information in Public View.

Question 29

Phone Booth

Answer 29

SCOTUS has found that a person does have REP for a conversation in a public phone booth if it is enclosed and the conversation could not otherwise be heard.

Question 30

Invalid Warrant

Answer 30

An officer can nonetheless rely on an invalid warrant if the officer relied on it in good faith, meaning the officer did not know that the warrant was lacking in probable cause. However, if the warrant completely lacked in probable cause, such an exception would not be allowed.

Question 31

Informant

Question 32

Consent to Enter Home

Answer 32

A court will evaluate the totality of the circumstances in determining whether consent was voluntary or not. However, consent is not a waiver- it need not be knowing or intelligent in order to be valid.

Question 33

Plain View

Answer 33

An officer may search and seize evidence that is in plain view when they are lawfully present, the item is in plain view, and its illegality is readily apparent.

Question 34

Sensory Enhancement Technology

Answer 34

Equipment that is used to enhance perceptions of the user, such as thermal heat imaging, are impermissible as evidence. However, SCOTUS has held that technology readily available to the public, such as parabolic microphones, are permissible as evidence.

Question 35

Exigence

Answer 35

An officer may make an otherwise unlawful search when there is an emergency or a hot pursuit of a felon.

Question 36

Reasonable Expectation of Privacy

Answer 36

In roder to bring a suppression claim udner the 4th, a person must a have a reasonable expection of pri

Question 37

Warrant Requirement

Answer 37

For a search warrant to be considered valid, it must describe in reasonable specificty the places and persons to be searched, and the types of things to be searched for. Therefore, barring certain exceptions, an officer must have a warrant to search someone's house.

Question 38

Exceptions to the Warrant Requirement

Answer 38

There are six exceptions to the warrant requirement: 1) Search Incident to Arrest, 2) Consent, 3) Hot Pursuit and Exigent Circumstance, 4) Automobiles, 5) Plain View, 6) Stop and Frisk.

Question 39

Inevitable Discovery

Answer 39

Provides that evidence otherwise should be excluded can be included where it would have been inevitably discovered by lawful means.

Question 40

Scope of Search

Answer 40

Even if an officer is searching something based off a warrant or exigent circumstance, the search must be within the scope of what the warrant/exigence is intended to look for. If an officer looks outside of the scope, those discoveries are generally inadmissible unless it is in plain view.

Question 41

Kidnapping

Answer 41

The prosecution for kidnapping must prove the following elements beyond a reasoanble doubt: 1) confinement or restraint, 2) to a bounded area, and 3) the victim was either moved or concealed. The victim must feel that they are not free to leave or escape without harm. Even slight movement is under restraint is considered kidnapping.

Question 42

Attempted Kidnapping

Answer 42

Is an inchoate crime and would merge with the actual crime of kidnapping, if that were charged. AK is a specific element crime, which means that D must have had the particular intent to satisfy the elements of kidnapping. An overt act is required for attempt.

Question 43

Entrapment

Answer 43

In order to bring a successful entrapment defense, a defendant must show 1) the government unduly encouraged/enabled/aided the defendant in the commission of the crime; and 2) the defendant would not have committed the crime but for the governments actions. This is an extremely difficult defense to establish.

Question 44

Curtilage vs. Open Fields

Answer 44

Curtilage is the area immediately around a home and is intimately tied with the activities of the home. Open fields is considered everywhere outside the curtilage and the open public.

Question 45

Eavesdropping

Answer 45

When one speaks to another, there is the assumption of risk that the person may be a police informant. This is applicable regardless of the discussion being in a private or public setting. An officer may attempt to listen in on another's conversation by simply listening, but if the officer must use other means to tap into phone calls or enhancement technology, it would be invalid. Additionally, stepping onto a curtilage with closed windows to eavesdrop is generally considered invalid.

Question 46

Drug Sniffing Dog

Answer 46

During routine traffic stops, a drug sniffing dog around a vehicle is not a search, so long as the police do not extend the stop beyond the time needed to issue a ticket or conduct normal inquiries. However, a drug sniffing dog outside of the home is considered an invalid search.

Question 47

Right of Self-Representation

Answer 47

The Sixth Amendment includes a right of self-representation. The court must grant the right if the defendant is competent.

Question 48

Competence to Stand Trial

Answer 48

The general rules is that if the defendant is competent to stand trial, he will be found competent to represent himself. To be competent to stand trial, the defendant must understand the nature of the proceedings against him and be aware of the consequences of the proceedings.

Question 49

Competence for Self-Representation

Answer 49

A defendant has a right to defend themselves at trial if, in the judgement of the judge, their waiver is knowing and intelligent and, based on the trial judge's consideration of the defendant's emotional and psychological state, the defendant is competent to proceed pro se.

Question 50

Receipt of Stolen Property

Answer 50

Requires 1) receipt or control of stolen property, 2) of personal property by another, 3) with the knowledge that the property was obtained in a way that constitutes a criminal offense, 4) with the intent to permanently deprive.

Question 51

Embezzlement

Answer 51

Is a type of theft, and is the taking of a piece of property that the defendant had a right to possess at the time of the taking.