Criminal Law

Question 1

Search and Seizure

Answer 1

A search and seizure must be reasonable to be valid under the 4th amendment.

Question 2

Exclusionary Rule

Answer 2

Under the exclusionary rule, evidence obtained in violation of the 4th Amendment is inadmissible

Question 3

Seizure of Automobile

Answer 3

Stopping a car/arresting someone is seizures

Question 4

Automobile stop

Answer 4

Police may stop cars if they have probable cause to believe a traffic violation was committed. That traffic violation is a pretext is irrelevant.

Question 5

Police may arrest

Answer 5

Police may arrest someone if state law provides for arrest

Question 6

Plain view

Answer 6

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.

Question 7

Automobile Exception

Answer 7

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

Question 8

Miranda

Answer 8

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.

Question 9

Interrogation

Answer 9

Any statement intended to elicit an incriminating response is interrogation.

Question 10

Custody

Answer 10

If the freedom of action is significantly restricted (the reasonable person would not feel free to terminate interrogation or free to leave)

Question 11

Fruit of poisonous tree doctrine

Answer 11

evidence derived from unconstitutionally seized evidence is generally excluded. Miranda violations are excluded if not part of the same scheme.

Question 12

Involuntary Manslaughter

Answer 12

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)

Question 13

Causation

Answer 13

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.

Question 14

Accomplice

Answer 14

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.

Question 15

Common law murder

Answer 15

2D killing with malice aforethought (w/intent to kill; intent to inflict great bodily injury; commit a felony; or depraved heart/reckless indifference)

Question 16

Not Guilty Reason of Insanity

Answer 16

D suffers from severe mental disease or defect and as a result not know conduct was wrong. (at time of offense)

Question 17

Duress (Defense)

Answer 17

(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.

Question 18

6th A

Answer 18

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.)

Question 19

Standing

Answer 19

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.

Question 20

Attempted crime

Answer 20

(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

Question 21

Double Jeopardy

Answer 21

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.

Question 22

False Pretenses

Answer 22

(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