Criminal Law Flashcards
Search and Seizure
A search and seizure must be reasonable to be valid under the 4th amendment.
Exclusionary Rule
Under the exclusionary rule, evidence obtained in violation of the 4th Amendment is inadmissible
Seizure of Automobile
Stopping a car/arresting someone is seizures
Automobile stop
Police may stop cars if they have probable cause to believe a traffic violation was committed. That traffic violation is a pretext is irrelevant.
Police may arrest
Police may arrest someone if state law provides for arrest
Plain view
Police may seize items in plain view from a place they are legally allowed to be if the officer has immediate probable cause to believe an item is a contraband or evidence, instrumentalities, or fruits of crime.
Automobile Exception
With probable cause, the officer may search without a warrant (1) not secured or (2) P/C for the reason of arrest/stop will be found in car
Miranda
The warning must be given before conducting a custodial police interrogation. All questions must stop if the suspect clearly and unambiguously asks for an attorney.
can waive if voluntary and knowing; ct looks at the totality of circumstances. not a violation not to tell suspect of a lawyer if the suspect does not invoke right and no formal proceedings have begun.
Interrogation
Any statement intended to elicit an incriminating response is interrogation.
Custody
If the freedom of action is significantly restricted (the reasonable person would not feel free to terminate interrogation or free to leave)
Fruit of poisonous tree doctrine
evidence derived from unconstitutionally seized evidence is generally excluded. Miranda violations are excluded if not part of the same scheme.
Involuntary Manslaughter
Cause death by criminal negligence. Criminal negligence is D fails to be aware of substantial and unjustifiable risk, substantial deviation from standard of care of reasonable person. (Some states use reckless standard conscious disregard risk) D must have subjective awareness of risk. (Or unlawful act which is in the commission of misdemeanor)
Causation
D must because in fact (but for) and proximate cause of death (natural and probable consequences) intervening act can shield D from liability if the act is a coincidence or outside foreseeable sphere of risk.
Accomplice
accomplice = person who (1) with intent to assist principal and interest that principal commit crime (2) actually aids, counsels, or encourages principal. (If crime requires recklessness or negligence then intent is satisfied if accomplice (1) intended to facilitate crime and (2) acted with recklessness or negligence.
Common law murder
2D killing with malice aforethought (w/intent to kill; intent to inflict great bodily injury; commit a felony; or depraved heart/reckless indifference)
Not Guilty Reason of Insanity
D suffers from severe mental disease or defect and as a result not know conduct was wrong. (at time of offense)
Duress (Defense)
(does not apply to homicide) performed criminal act under threat of imminent infliction of death or great bodily harm. Reasonable belief that death or great bodily harm would be inflicted if did not perform a criminal act.
6th A
D right to counsel during all critical stages of prosecution after formal proceedings have begun. Right is offense-specific. If the right has attached to one charge D may be questioned without counsel on other charges. Police failing to inform the suspect of a lawyer is trying to see him does not violate 6th
Right to the jury (even if sentencing.)
Standing
standing is required (own const. rights violated) Standing is a reasonable expectation of privacy violated. Expectation arises if overnight guests. No expectation when evidence is given to TP.
Attempted crime
(1) specific intent to commit the crime and (2) substantial step (beyond preparation) CL dangerously close = proximity test) (MPC defense if abandons voluntarily and complete
Double Jeopardy
5th A right to be free of double jeopardy for the same offense. Crimes are not the same if they each require proof of an additional element that the other does not.
Due process requires the state to prove beyond a reasonable doubt. No presumption can shift the burden to D.
False Pretenses
(1) obtaining title (2) to the property of another (3) by a knowingly false statement of past or existing fact (4) with the intent to defraud another.
Title must pass or larceny by trick
if D believes the statement to be true even if unreasonable no false pretenses. But knowing if D had notice of high probability of the falsity of the statements and made a deliberate decision to avoid the truth
