Criminal Law

Question 1

Double Jeopardy

Answer 1

Double Jeopardy attatches when the first witness is sworn in.

Question 2

Accomplice

Answer 2

To be convicted as an accomplice A defendant must have **aided abetted or facilitated **the hit man’s crime with the intent that the hitman committed that crime. In order to be guilty as an accomplice however someone must have committed the underlying crime.

Question 3

Attempt

Answer 3

To be convicted of attempt and defendant must take a substantial step that is more than mere preparation toward committing a crime with the** intent **to actually commit that crime.

Question 4

Conspiracy

Answer 4

Conspiracy requires an agreement between **two or more people **with the intent to agree, intent to commit the target offense, and some jurisdictions, an overt act in furtherance of the conspiracy.

Question 5

Solicitation

Answer 5

Solicitation requires the defendant to request or encourage another to commit a crime with the intent that the target crime occurs. The **other person’s response is irrelevant **to finding a defendant guilty of solicitation.

Question 6

Automobile Seizure

Answer 6

Under the automobile exception to the warrant requirement of the 4th amendment the police may search a vehicle if they have probable cause to believe that it contains contraband fruits or instrumentalities of a crime. An automobile stop constitutes A seizure not only of the automobiles driver but also of any current passengers.

Question 7

Insanity Defense Theories

Answer 7

Question 8

Who has the burdon of proof when a D raises a deense that challenges an element of the offense?

Answer 8

The prosecution.

Question 9

Affirmative veresus Negation Defense

Answer 9

Negation:
* challenges element of crime (alibi, lack of intent,etc)
* 5th amendment assigns burden to prosecutor to prove element beyond a reasonble doubt.
Affirmative
* justifies or excuses criminal conduct, but does not challenge element of crime (self defense, entrapment)
* Statute assigns burden and standard of proof ( clear and convincing, beyond a reasonble doubt).

If challenging element of crime –> Burden on Prosecutor
If not challanging element –> look to statue for who has burden (defendant or pros)

Question 10

Forcible Entry Analysis

Answer 10

1. Warrant?
2. Knock and Accounce
3. Sus have time to respond?
4. Did Police reasonably believe sus was inside home?
   –> Entry Allowed
   If none of these steps are met, are there extringent circumstances?
5. Destuction of Evidence?
6. Threat of Harm
7. Hot Pursuit
   If no Ex circumstances –> no entry allowed

Question 11

4th Amendement

A warrantless search performed by the government that violates a reasonable expectation of privacy is unlawful except when the suspect

Answer 11

suspect S.A.P.E.C.E.S.

Question 12

Exigent Circumstances

Answer 12

Law enforcement officers may conduct a search without a warrant if:
1. the officers are in hot pursuit or immediate danger; or
2. the evidence would spoil or disappear in the time it would take to obtain a warrant.
However, a warrant is necessary for a search if the officers create the exigent circumstances.

Question 13

Search Incident to Lawfull Arrest

Answer 13

Law officers may conduct a search without a warrant if the search occurs at the time that a lawful arrest is made. The scope of the search is limited to objects within the reach of the arrestee.

Question 14

Consent

Answer 14

Officers do not have to inform subject that he can waive consent. A third party with apparent authority can consent but if multiple parties are present, all parties must consent.

Question 15

Probable Casue

Answer 15

Probable cause to conduct a search requires a police officer to have more than reasonable suspicions that evidence of illegal conduct will be found, but does not require the police officer to be certain that such evidence will be uncovered. Facts supporting probable cause may come from any of the following sources:

i) A police officer’s personal observations;

ii) Information from a reliable, known informant or from an unknown informant that can be independently verified; or

iii) ** Evidence **seized during stops based on reasonable suspicion, evidence discovered in plain view, or evidence obtained during consensual searches.

Question 16

Automobile

Answer 16

Officers may conduct a search without a warrant if they have probable cause ( a reasonable basis for believing) to believe that an automobile contains contraband or evidence of a crime. They can search the parts of the vehicle and containers inside which could reasonably contain the items for which there is probable cause.

Question 17

Plain View

Answer 17

law enforcement officers may seize evidence without a warrant if:
the officers are legally on the premises;
the evidence is observed in plain view;
and there is probable cause to believe the items are evidence of a crime or contraband.

Question 18

Home Arrest

Answer 18

If Home Arrest
Do they have a warrant?
* If yes, then may enter home and arrest
* If no,
o Did sub consent; or
o Are there exigent circumstances?
 If either, then may enter home or arrest

Question 19

Terry Stop and Arrest

Answer 19

If Reasonable Suspicion –> Can only stop
If both RS and Probable Cause –> may arrest at stop

Question 20

Miranda Rights

Answer 20

The 5th amendment provides that no person should be compelled in any criminal case to be a witness against himself. A defendant who wishes to invoke the 5th amendment right does so simply by taking a stand. Under Miranda an incriminating statement obtained as a result of custodial interrogation may not be used against the suspect at a subsequent trial and unless the police informed the suspect of his Miranda rights. Miranda does not protect volunteered statements as they are by definition not the product of interrogation.

A statement obtained in violation of Miranda is inadmissible in the prosecutions case in chief but can be admitted to impeach the defendant. Evidence obtained from a voluntary statement taken in violation of Miranda is admissible.

If evidence in violation of Miranda is admitted at trial, a guilty verdict will be upheld if the prosecution can prove beyond a reasonable doubt that the error was harmless because the defendant would have been convicted even without the tainted evidence.

5th Amendment –> Miranda rights, which protect a D from impeachment ie has the right to remain silent. Statements made that violate miranda are inadmissable, but can be used for impeachment purposes. evidence obtained from voluntary statements, even if in violation of miranda are admissable.

Question 21

Miranda Warning + Traffic Stops

Answer 21

Miranda warnings must be provided to suspect before they are subjected to custodial interrogatories. Since drivers are generally not in custody during traffic stops, Miranda warnings are not needed.

Question 22

How to prevail on a voluntary intoxication defense?

Answer 22

under the MPC, voluntary intoxication is a defense to crimes that require the D to have acted purposfully or knowingly. To prevail, D must prove her intoxication prevented the formation of the requisit mental state.

Question 23

Police Interigation Conduct

Answer 23

Police counduct amounts to an interigation when the conduct is reasonably likely to elicit an incriminating response under the totality of the circumstances, including the suspects personal characterists and coercive tactics.

Question 24

Arson Analysis

Answer 24

Question 25

In an emergency situation, when can or cant evidence be seized?

Answer 25

When police have probable cause to believe that an emergency situation exsists they can conduct a warrantless search of the premises for any injured persons and continued threat and seize illegal items in plan view. But once the emrgency ends, the search must stop.

Question 26

4th amendment

are open fields protected areas from searches?

Answer 26

no, open fields are not constitutionally protected and persons have no reasonable expectation of privacy to enter.

Question 27

8th amendment

Answer 27

prohibits cruel and unusual punishment

Question 28

Theft

Answer 28

Common Law - theft is carrying away of personal tangible property of another with the intent to perminently deprive.
MPC - same but can be anything of value such as documents., services.

Question 29

Custodial Interogation

Answer 29

Police must give a suspect Miranda warnings before a custodial interrogation. The suspect may wave Miranda rights if done so knowingly intelligently and voluntarily not through police coercion.