Criminal Law

Question 1

Can assault, at common law, be used to charge a defendant with felony murder?

Answer 1

No. Assault, at common law, is not a felony.

Question 2

If an item is stolen, and subsequently recovered by police, does it lose its “stolen” status?

Answer 2

Yes.

Question 3

Is a grand jury entitled to consider hearsay and other inadmissible evidence in an indictment?

Answer 3

Yes, they can consider those items. The exclusionary rule does not extend to grand juries.

Question 4

If a warrant is issued on one item (like a delivered package), can the police subsequently do a further exploratory search of a premises once the item is found?

Answer 4

No, once the only object of a search (the delivered package) is found, there can be no further search (for other incriminating items).

Question 5

Is a state constitutionally required to recognize a form of insanity defense?

Answer 5

No, a state does not have to recognize any form of insanity defense.

Question 6

What are the common law elements of conspiracy? How many guilty minds are required?

Answer 6

(1) An agreement between two or more persons;
(2) An intent to enter into an agreement; and
(3) An intent to achieve the objective of the agreement.

At-least two guilty minds are required at common law.

Question 7

Is urging a perpetrator to flee enough to be convicted as an accomplice?

Answer 7

No, need more action (like driving a getaway car).

Question 8

Can an accomplice be convicted if the perpetrator of the underlying crime is not convicted?

Answer 8

Yes. Otherwise, individuals in criminal syndicates would just never reveal their identities to one another.

Question 9

When may the death penalty not be imposed on an accomplice convicted of felony murder?

Answer 9

The death penalty may not be imposed as a punishment for felony murder upon an accomplice who “did not take or attempt or intend to take life, or intend that lethal force be employed.”

Question 10

What are the elements of the common law crime of false pretenses?

Answer 10

(1) Obtaining title (obtaining ownership rather than mere possession);
(2) By false misrepresentations (must be intentional false statements);
(3) Of past or existing fact (misrepresentation of a future event does not qualify);
(4) With the intent to defraud (the victim must be deceived or must act in reliance of defendant’s false statement in passing title).

Note: Specific intent crime, the defendant must have the specific intent to defraud.

Question 11

In criminal trials, as to defensive evidence that does not constitute an affirmative defense (such as insanity or self-defense), who has the burden of proof or persuasion?

Answer 11

The prosecution still has the burden of proof or persuasion to prove beyond a reasonable doubt.

Question 12

Is entrapment an affirmative defense? May the state shift the burden of persuasion?

Answer 12

Yes.

A state may impose the burden of persuasion on the defendant.

Question 13

When are Miranda warnings not required for suspects in custody?

Answer 13

When there is no custodial interrogation occuring. The police can stay quiet and hope the defendant confesses.

Question 14

Does a statement merely being the result of a mental disease make it involuntary?

Answer 14

No, not involuntary.

Question 15

What is the crime of “obtaining money by false pretenses”?

Answer 15

A defendant makes a misrepresentation or fraudulent statement that induces the victim into lending the defendant money.

Question 16

What is required to claim self-defense to a murder charge?

Answer 16

Defendant must show that they believed that the action taken was necessary to prevent imminent death or great bodily harm to himself from unlawful force, and that the belief was reasonable.

Question 17

What is required to be convicted of an attempt of a crime?

Answer 17

The 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 18

What is the “open fields” doctrine?

Answer 18

A person does not have a reasonable expectation of privacy in objects held out to the public.

Areas outside the curtilage (dwelling house and outbuildings) are subject to entry and search and unprotected by the Fourth Amendment.

Question 19

What are the elements of larceny?

Answer 19

A tresspassory taking and carrying away of personal property of another with intent to steal it.

Carrying away element requires movement of only a slight distance.

Question 20

What are the requirements of robbery?

Answer 20

A tresspassory taking and carrying away (using violence or intimidation) of personal property of another with intent to steal it.

It is larceny by violence or indimidation.

Question 21

What is the definition of murder? What is the mental state? How may the mental state be satisfied?

Answer 21

The unlawful killing of another human with malice aforethought.

Malice refers to the mens rea required for a murder conviction.

Malice aforethought arises in the following mental states:
(1) Intent to kill;
(2) Intent to inflict great bodily harm; OR
(3) Depraved/malignant heart, a killing committed with reckless indifference to an unjustified risk of human life.

Question 22

When does the burden of persuasion shift to the defendant?

Answer 22

When the defendant claims an affirmative defense.

Question 23

What is the automobile exception to the warrant requirement of the Fourth Amendment?

Answer 23

If the police have probable cause, they are allowed to search the entire vehicle, including every container and space they have probable cause to believe contains contraband, fruits, or instrumentalities of a crime.

Question 24

Does dismissal after a preliminary hearing have a double jeopardy consequence? When does jeopardy attach?

Answer 24

No.

Jeopardy only attaches when the jury is empaneled and sworn in, or in a bench trial, when the first witness is sworn in.

Question 25

When is the charge of solicitation completed?

Answer 25

Once a person invites, requests, commands, hires, or encourages another to commit a particular offense with the intent that the offense be commited.

Question 26

When may a criminal defendant/witness be compelled to produce documents that have testimonial significance?

Explain the details.

Answer 26

If immunity is granted to the defendant. There are two kinds of immunity that may be granted:

Transactional Immunity - Broader - Completely protects the witness from future prosecution for crimes related to their testimony.

Use and Derivative Use Immunity - Narrower - Prevents the prosecution only from using the witness’s own testimony or any evidence derived from testimony against the witness.

Question 27

What is the Confrontation Clause (Sixth Amendment)?

Answer 27

It requires that a defendant be given the opportunity to cross-examine a co-defendant whose confession is being used against him.

Question 28

Can someone withdraw from a conspiracy? What is the exception?

Answer 28

Not once it is formed, but only may withdraw from liability for future forseeable crimes committed in furtherance of the conspiracy.

Overt Act Jurisdictions - May withdraw from a conspiracy before that overt act takes place.

Question 29

What are the four types of murder?

Answer 29

Definition of Murder - The unlawful killing of another human with malice aforethought.

(1) Intent to Kill - Must have:
- Premeditated, specific intent to kill.
(2) Intent to Inflict Serious Bodily Injury - Must have:
- No specific intent to kill.
(3) Felony Murder - Must have:
- A death occurs while committing a dangerous felony (BARRK).
(4) Depraved Heart Murder - Must have:
- Reckless disregard for human life.

Question 30

What is the intent requirement for manslaughter? What are the two types of manslaughter?

Answer 30

Intent has NOTHING to do with manslaughter.

(1) Voluntary Manslaughter - Must have:
- Adequate Provocation
- Heat of Passion
- No Time to Cool Off
(2) Involuntary Manslaughter - Must have:
- Negligent conduct causing a death.

Question 31

What is a good tip for distinguishing between Involuntary Manslaughter and Depraved Heart Murder?

Answer 31

Involuntary Manslaughter - Negligent (look for no people present).

Depraved Heart Murder - Reckless (look for people present).

Question 32

What is a general rule of voluntariness in crimes?

Answer 32

A person is not guilty of a crime unless the act constituting the crime was committed voluntarily.

Question 33

Does a person’s Fourth Amendment priviledges extend to hotel room dwellings?

Answer 33

Yes, in a hotel room a person has a reasonable expectation of privacy.

Question 34

When are police able to search a student’s personal bags (like a backpack or a purse)? Can they have the principal do it?

Answer 34

When they have probable cause or a warrant.

No, police officers cannot circumvent Fourth Amendment protections against illegal searches by having a private party conduct an otherwise illegal search.

Question 35

Can the burden of proof be shifted to the defendant for any element of a crime?

Answer 35

NO, the burden of proof may NEVER be shifted for the element of a crime, IT VIOLATES DUE PROCESS AND IS UNCONSTITUTIONAL.

Question 36

What is the definition for an accessory after the fact?

Answer 36

Someone who assists:
(1) A person who has committed a crime;
(2) After the person has committed the crime;
(3) With knowledge that the person committed the crime; AND
(4) With the intent to help the person avoid punishment.

Question 37

May states grant broader rights to their citizens than the federal government/Constitution?

Answer 37

Yes.

Question 38

Of all the things that do not apply in grand jury proceedings, what DOES apply?

Answer 38

Allegations of priviledge do apply to grand jury proceedings.

Question 39

May a passenger or driver be ordered to step out of a vehicle during a lawful traffic stop?

Answer 39

Both may be ordered to step out of the vehicle if the stop is lawful.