Criminal Law Flashcards
What is the legal situs?
Where conduct or result of crime happened, or should have happened.
Which offenses merge into a substantive offense?
Only solicitation and attempt.
What are the essential elements of a crime?
- Physical act (actus reus)
- Of own volition, but not reflective, convulsive or unconscious
- Mental state (mens rea)
What does the acronym BAM ACTS represent?
Burglary, Assault, Murder (1st degree), Attempt, Conspiracy, Theft, Solicitation.
What defines malice crimes?
Reckless disregard of obviously high risk of harm.
What characterizes general intent (GI) crimes?
Intent to engage in prohibited act, but no need for specific intent or motive beyond the act itself.
What are strict liability (SL) crimes?
No required awareness or intent.
What is transferred intent?
Intent to commit crime against one person, but harm another.
What are the requirements for accomplice liability?
Active involvement (e.g. aid, counsel or encourage, with intent to aid).
What is solicitation in criminal law?
Asking someone to commit a crime with intent for that person to commit the crime.
What are the elements of conspiracy?
- Agreement
- Intent to Agree
- Unlawful Objective
What is required for withdrawal from a conspiracy?
- Affirmative act notifying all members of withdrawal
- Assistance in neutralizing
What is the definition of an attempt in criminal law?
Specific intent to commit + substantial step beyond mere preparation.
What is the M’Naghten rule in the context of insanity defense?
At time of conduct, defendant lacked ability to know wrongfulness of actions or nature/quality of actions.
What does irresistible impulse refer to in insanity defenses?
Defendant lacks capacity for self-control & free choice.
What is the Durham Rule?
Defendant’s conduct was a product of mental illness.
What does MPC/ALI stand for in the context of insanity defenses?
Defendant lacked capacity to appreciate criminality of conduct or conform conduct to requirements of law.
What is the distinction between voluntary and involuntary intoxication?
Voluntary is only a defense for Specific Intent; involuntary is treated like insanity and is a defense to all.
What age is considered for no liability under infancy in criminal law?
< 7 years old.
What are the requirements for self-defense in non-deadly situations?
Must be reasonably necessary.
What are the requirements for self-defense in deadly situations?
- Defendant without fault
- Confronted with unlawful force
- Threatened with imminent death/great bodily harm
What is required for defense of property?
Non-deadly force is okay; can’t use force to regain possession unless in hot pursuit.
What is the legal definition of battery?
Unlawful application of force resulting in bodily injury or offensive touching.
What constitutes aggravated battery?
- Using deadly weapon
- Causing serious bodily harm
- If victim is a child, woman, or police officer.
What is the definition of homicide?
Unlawful killing of a human with malice aforethought.
What are the four types of malice aforethought?
- Intent to kill
- Intent to inflict great bodily injury
- Reckless indifference to an unjustifiably high risk to life
- Felony murder (death during commission of a felony)
What is First Degree Murder?
Deliberate, willful, and premeditated killing or killing during inherently dangerous felony.
Inherently dangerous felonies include arson, robbery, burglary, rape, mayhem, and kidnapping.
What defines Second Degree Murder?
All other intentional, unjustified killings with malice aforethought.
What are the three defenses to felony murder?
- A defense to underlying felony
- Deaths caused by fleeing
- No liability for death of co-felon if due to victim or police resistance.
What is ‘imperfect self-defense’ in relation to manslaughter?
A reduction from murder if the defendant was at fault in starting the fight or had an unreasonable but honest belief in the necessity.
What are the conditions for Voluntary Manslaughter?
- Adequate provocation/heat of passion
- No time to cool off
- Defendant did not cool off.
What is Involuntary Manslaughter?
Caused by criminal negligence, battery leading to unintended death, or during the commission of a misdemeanor.
Define Burglary.
Breaking and entering a dwelling of another at nighttime with intent to commit a felony therein.
What constitutes Arson?
Malicious burning of the dwelling of another, requiring damage to the structure.
What is the ‘Fruit of the Poisonous Tree’ doctrine?
Prohibits introduction of evidence obtained in violation of the 4th, 5th, and 6th Amendments.
List the exceptions to the ‘Fruit of the Poisonous Tree’ doctrine.
- Evidence from an independent source
- Inevitable discovery
- Sufficient attenuation
- Impeachment purposes.
What is the Good Faith Defense?
Applies if police relied on judicial opinion, a statute or ordinance, or a defective search warrant.
When is Good Faith negated?
- Affidavit lacking probable cause
- Defective/invalid warrant
- Affiant lied or misled judge
- Judge abandoned judicial role.
What is the standard for Harmless Error?
Admission of illegal evidence will not overturn conviction if the government shows the error was harmless beyond a reasonable doubt.
What are the requirements for an arrest in a person’s home?
Requires probable cause and a warrant.
What is needed for a stop in a vehicle?
Requires reasonable suspicion, including checkpoints and pretextual stops.
What must a valid warrant include?
Particularity of the place to be searched and things to be seized; must be issued by a neutral and detached judicial officer.
Define Larceny.
Taking and carrying away of personal property of another by trespass with intent to permanently deprive.
What is Embezzlement?
Fraudulent conversion of personal property of another by a person in lawful possession of that property.
What constitutes False Pretenses?
Obtaining title to personal property of another by intentional false statement of past or existing fact with intent to defraud.
What is Larceny by Trick?
Obtaining possession of personal property of another by intentional false statement of fact with intent to defraud.
Define Robbery.
Taking of personal property in someone’s possession from their immediate presence by force or threat of imminent death/injury.
What is Extortion?
Obtaining property by threat of harm or exposing information.
What is Receipt of Stolen Property?
Receiving possession and control of stolen personal property known to have been stolen by another with intent to permanently deprive the owner.
When can a challenge be made in criminal procedure?
If the affiant intentionally and recklessly included a material false statement.
What is the three-step analysis for search and seizure?
- Does the person have a 4th Amendment right?
- Is the search warrant valid?
- Is there an exception?
What are the conditions for a search incident to lawful arrest?
Search must be contemporaneous in time and place and limited to the wingspan of the individual.
What can be searched in an automobile incident to arrest?
Interior compartment of the car but not the trunk.
What is the plain view doctrine?
Officer legitimately on premises can seize evidence in plain view.
What conditions must be met for consent to a search?
Consent must be voluntary and intelligent by someone with apparent equal right of use and access.
What defines Stop and Frisk?
- Stop requires reasonable suspicion of a criminal act
- Frisk requires reasonable suspicion that the suspect is armed and dangerous.
What is the Hot Pursuit/Evanescent Evidence rule?
Police may follow a suspect into a dwelling if in pursuit and seize evidence likely to disappear.
What are the requirements for wiretapping?
- Probable cause
- Named persons
- Description with particularity regarding conversations
- Limited time
- Terminated when information obtained
- Return to court to show what was intercepted
These requirements ensure that wiretapping is conducted lawfully and with respect for privacy rights.
What does the 5th Amendment protect?
Right against self-incrimination
This includes the requirement for Miranda warnings during custodial interrogations.
What constitutes a custodial interrogation?
A situation where a person is not free to leave based on objective circumstances
Traffic stops and probation interviews are not considered custodial.
What is the definition of interrogation?
Words or conduct by police that are reasonably likely to elicit a response
This encompasses various forms of questioning by law enforcement.
What must be true for a waiver of the 5th Amendment right to counsel?
Must be knowing, voluntary, and intelligent; must be verbal
Non-verbal cues like shrugging shoulders or silence do not constitute a waiver.
When does the 6th Amendment right to counsel activate?
Once judicial proceedings have been initiated against the defendant
This right is applicable during critical stages of criminal prosecution.
What does the 14th Amendment require regarding confessions?
Confessions must be voluntary
This is to ensure that confessions are not coerced or obtained unconstitutionally.
Under what conditions is a co-defendant’s confession admissible?
- Redact all portions referring to the other defendant
- Confessing defendant takes the stand and is subject to cross-examination
- Confession of non-testifying defendant is used to rebut claims of coercion
These conditions help protect the rights of defendants while allowing relevant evidence to be considered.
What rights does the 6th Amendment provide regarding identifications?
Right to counsel for post-charge lineups and show-ups; no right to counsel at photo identifications
This distinction is important for ensuring fair identification processes.
What can negate a claim of denial of due process in identifications?
If the identification is unnecessarily suggestive or substantially likely to cause mistaken identification
The remedy is to exclude in-court identification unless there is an independent source.
When does double jeopardy attach?
When the jury is sworn in or, if no jury, when the first witness is sworn in
This principle prevents an individual from being tried twice for the same crime.
What is the separate sovereigns doctrine in double jeopardy?
Allows prosecution for the same crime by separate sovereigns (e.g., federal and state laws)
This means a person can face charges at both state and federal levels for the same act.
What are exceptions to the double jeopardy rule?
- Hung jury
- Mistrial from manifest necessity
- Retrial after successful appeal unless insufficient evidence
- Breach of agreed plea
- Termination at the behest of the defendant on grounds not constituting acquittal
These exceptions allow for retrials under specific circumstances.
What does the privilege against self-incrimination apply to?
Only applies to testimonial disclosure
This privilege does not extend to compulsory disclosure of documents.
What must be done when asserting the 5th Amendment privilege?
Must be asserted at the first instance of questioning on that subject, including civil trials
Failure to assert promptly can result in waiving the privilege.
What effect does a grant of immunity have on the 5th Amendment privilege?
Eliminates the privilege against self-incrimination
Immunity ensures that the individual cannot be prosecuted based on the testimony provided.
What is required for pre-trial disclosure by the prosecutor?
Must disclose material, exculpatory evidence
This ensures that the defense has access to evidence that may be favorable to the defendant.
What must a judge personally address with a defendant regarding pleas?
- Nature of charge
- Maximum possible penalty/mandatory minimum
- Right to plead guilty but waive right to trial
This ensures that the defendant is fully informed before entering a plea.
Under what conditions can a plea be overturned?
- Plea involuntary
- Lack of jurisdiction
- Ineffective assistance of counsel
- Prosecutor fails to keep agreed plea bargain
These conditions protect the rights of defendants in the plea bargaining process.
