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Bar Exam > CRIMINAL > Flashcards

CRIMINAL Flashcards

1
Q

What is an accomplice?

A

A person who assists or encourages the principal with the intent that the crime is committed.

Mere presence at the scene is not enough to be considered an accomplice.

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2
Q

Who is not considered an accomplice?

A

A victim of a crime or ‘necessary party’.

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3
Q

What is the liability of an accomplice?

A

An accomplice is liable for all crimes committed that he aids or encourages and all ‘natural and probable results’ of the crime that he intends to assist.

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4
Q

What is an accessory after the fact?

A

A person who knowingly assists someone who has committed a felony with the intent to help them avoid arrest, trial, or conviction.

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5
Q

Define first-degree murder.

A

An intentional killing with premeditation and deliberation.

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6
Q

What constitutes voluntary manslaughter?

A

An intentional killing of a human being in the heat of passion due to adequate provocation.

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7
Q

What is the significance of adequate provocation in voluntary manslaughter?

A

Mere words do not count as adequate provocation under the majority view.

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8
Q

What is second-degree murder characterized by?

A

Extreme recklessness, such as shooting a gun in a crowded room without intent to kill.

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9
Q

What constitutes involuntary or misdemeanor manslaughter?

A

A killing due to gross negligence or recklessness, or during a misdemeanor or felony that does not qualify for felony murder.

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10
Q

What is felony murder?

A

A death that occurs during the commission of a felony where someone other than a co-felon dies.

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11
Q

What is required for a felony to qualify for felony murder?

A

The felony must be inherently dangerous, such as robbery, arson, rape, kidnapping, and burglary.

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12
Q

Define assault.

A

An attempted battery or the intentional infliction of apprehension.

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13
Q

What is larceny?

A

The trespassory taking and carrying away of personal property of another with the intent to permanently deprive them thereof.

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14
Q

What differentiates larceny by trick from false pretenses?

A

Larceny by trick involves obtaining custody (not title) through false representation, while false pretenses involves obtaining title with the intent to defraud.

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15
Q

What is embezzlement?

A

The fraudulent conversion or misappropriation of property of another by someone who is already in lawful possession of that property.

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16
Q

What are the elements of robbery?

A

Larceny + taking from another’s person or presence + force or threat of force.

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17
Q

What constitutes burglary?

A

Breaking and entering the dwelling of another at night with the intent to commit a felony or larceny therein.

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18
Q

Fill in the blank: The specific intent to complete a crime is known as _______.

A

[Attempt]

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19
Q

What is conspiracy?

A

An agreement by two or more people to commit a crime and an overt act in furtherance of the crime.

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20
Q

True or False: One cannot be convicted of both attempt and the completed crime.

A

True.

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21
Q

What is the standard for general intent?

A

The defendant is generally aware of what he is doing; motive is immaterial.

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22
Q

Define battery.

A

The unlawful application of force to another resulting in bodily injury or offensive touching.

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23
Q

What is strict liability?

A

There is no mens rea; engaging in the act is sufficient.

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24
Q

What is rape defined as?

A

Unlawful sexual intercourse without consent using force or threat of force.

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25
Q

What is kidnapping?

A

Unlawful confinement or restraint that involves moving or hiding the victim.

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26
Q

What is self-defense?

A

Available if the defendant reasonably believed force was necessary to avoid the imminent use of unlawful force by another.

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27
Q

What must a defendant prove for the insanity defense?

A

That he suffered a disease of the mind causing a defect of reason, lacking the ability to know the wrongfulness of his actions.

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28
Q

What constitutes incompetency to stand trial?

A

If the defendant is unable to understand the nature of the proceedings against him or assist his lawyer.

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29
Q

What is the difference between voluntary and involuntary intoxication in legal defenses?

A

Voluntary intoxication is a defense to specific intent crimes only if it negates the specific intent; involuntary intoxication is treated the same as insanity.

30
Q

True or False: Mistake of law is generally a valid defense.

A

False.

31
Q

What is necessity as a defense?

A

A defense if the defendant reasonably believed his criminal conduct was necessary to prevent a greater harm.

32
Q

What is duress?

A

A defense if the defendant reasonably feared imminent death or serious bodily injury if he did not perform the crime.

33
Q

What is required of the prosecution in a criminal case?

A

To prove every element of a crime beyond a reasonable doubt.

34
Q

What is the legal principle regarding acts and omissions?

A

The defendant must engage in a voluntary act; they are not liable for a failure to act unless there is a legal duty to act.

35
Q

What must D engage in to be liable for an act?

A

A voluntary act

D is not liable for a failure to act (omission) unless there is a legal duty to act.

36
Q

Under what circumstances does a state have jurisdiction?

A

If an act or omission that was part of the crime occurred in the state or the result occurred in that state.

37
Q

What is the automobile exception in search and seizure?

A

Officers can search an automobile if they have probable cause to believe that evidence, instrumentalities, or fruits of a crime exist within it.

38
Q

What is a search incident to arrest?

A

A search of the arrestee’s person, clothing, and grabable space conducted at the time of a lawful arrest.

39
Q

Can an officer search the trunk of a vehicle during a search incident to arrest?

A

No

The officer may not search the trunk under this exception.

40
Q

What is the plain view doctrine?

A

An officer may seize an item if it is immediately apparent that it is contraband or evidence of a crime.

41
Q

What are the three common scenarios for administrative searches?

A
  • Officers can search arrestees and impounded vehicles
  • Public school officials can search students upon reasonable suspicion
  • Random drug testing is permitted for public school children involved in extracurricular activities.
42
Q

What is required for consent to search?

A

Consent must be given voluntarily by someone with actual or apparent authority.

43
Q

What are emergency circumstances that allow for a warrantless search?

A
  • Hot pursuit of a suspect
  • Serious injury or threat of injury
  • Evidence of a crime likely will disappear before a warrant can be obtained.
44
Q

What is a Terry stop and frisk?

A

A stop requiring reasonable suspicion of criminal activity and a frisk requiring a reasonable belief that the suspect is armed and dangerous.

45
Q

What does the Fifth Amendment privilege against self-incrimination protect?

A

A witness from having to give testimony against himself.

46
Q

What is double jeopardy as defined by the Fifth Amendment?

A

No person shall be subject to be twice put in jeopardy of life or limb for the same offense.

47
Q

When does jeopardy attach in a jury trial?

A

When the jury is impaneled and sworn.

48
Q

What is the Blockburger test used for?

A

To determine if two offenses are considered the ‘same offense’ under the Double Jeopardy Clause.

49
Q

What is the right to counsel as stated in the Sixth Amendment?

A

Each defendant has the right to effective assistance of counsel.

50
Q

What must a defendant show to prove ineffective assistance of counsel?

A

That the lawyer’s performance was deficient and there is a reasonable probability that the result would be different but for the ineffective assistance.

51
Q

When can a defendant withdraw a guilty plea?

A

Before sentencing at any time, or after sentencing by showing a fair and just reason.

52
Q

What does the Eighth Amendment prohibit?

A

Excessive punishment in comparison to the crime.

53
Q

What is required for a valid warrant under the Fourth Amendment?

A
  • Probable cause
  • Particularity
  • Issued by an unbiased magistrate.
54
Q

What is the exclusionary rule?

A

If the Fourth Amendment is not satisfied, evidence is excluded from the prosecution’s case-in-chief.

55
Q

What are the three methods to satisfy the Fourth Amendment?

A
  • Valid warrant with proper execution
  • Good faith or reasonable mistake by the officer
  • Exceptions to the warrant requirement.
56
Q

What is a plain error in the context of appeal and error?

A

An error that affects substantial rights and is appealable even if not objected to during trial.

57
Q

When does the Sixth Amendment right to counsel attach?

A

When a defendant is formally charged.

58
Q

What is the exclusion rule regarding confessions under the Sixth Amendment?

A

Any confession is excluded in the prosecutor’s case-in-chief but may be used for impeachment.

59
Q

What does the Fourteenth Amendment ensure regarding due process?

A

It applies when police engage in coercive actions.

60
Q

What right exists for post-charge lineups?

A

Right to counsel

This right does not extend to photo identifications, fingerprinting, or other forms of identification.

61
Q

Is there a right to counsel for a pre-charge lineup?

A

No

The right to counsel attaches upon being charged.

62
Q

What does the Fourteenth Amendment due process apply to?

A

Coercive conduct by police

This applies when police conduct overcomes the suspect’s will.

63
Q

What is excluded under the rule of exclusion?

A

Involuntary confessions and fruits of confession

These are not admissible for any purpose.

64
Q

What rights are included in the Fifth Amendment Miranda rights?

A

Right to remain silent and right to counsel

These rights attach during custodial interrogation.

65
Q

Can police interrogate a suspect in custody without counsel?

A

No, unless there is a waiver or public safety exception

The waiver must be knowing, intelligent, and voluntary.

66
Q

What happens to a confession in the prosecutor’s case-in-chief?

A

It is excluded

The confession may be used for impeachment but not for the case-in-chief.

67
Q

What must a waiver of rights be?

A

Knowing, intelligent, and voluntary

This ensures that the suspect understands the rights being waived.

68
Q

What is required for an invocation of rights?

A

It must be explicit and unequivocal

Remaining silent is not sufficient; one must verbally invoke the right.

69
Q

True or False: Remaining silent is enough to invoke Miranda rights.

A

False

One must explicitly state the desire to invoke rights.

70
Q

Fill in the blank: The right to counsel attaches upon being _______.

A

charged

Bar Exam (14 decks)

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