Criminal Law

Question 1

Attempt

Answer 1

Requires intent to commit an offense, and then an overt act beyond mere preparation. MPC requires a “substantial step”. Attempt merges with the underlying crime when the crime is completed

Question 2

Solicitation

Answer 2

Solicitation consists of enticing, counseling, advising, inducing, urging, or commanding another to commit a crime with the speicfic intent that the person solicited commits the crime. Solicitation is complete at the time the solicitation is mae. Doesn’t matter if the other person agrees or commits the crime.

Question 3

Forgery

Answer 3

Forgery is the creating or altering of a document of legal significance to be false with the intent to defraud

Question 4

Kidnapping

Answer 4

Kidnapping is the unlawful confinement of a person agianst that person’s will, combined with either movement or hiding of that person.

Question 5

Rape

Answer 5

The penetration, however slight, of the vagina or anus with any body part or object, or oral penatration by a sex organ of another person without their consent.

Question 6

Conspiracy

Answer 6

An agreement between two or more persons with intent to commit an unlawful act. Under MPC, you need an overt act.

Question 7

Co-conspirator Liability

Answer 7

Co-conspirators are liable for all crimes conspired, including all future crimes if crimes were foreseeable an din furtherance of the objective. A co-conspirator may withdraw from the conspiracy, but unless they withdraw prior to the commission of an overt act, they will still be guilty. They are only then released from furture crimes of the conspiracy, so long as they alert law enforcement.

Question 8

Accomplice Liability Attachment

Answer 8

Liability may attach with only words of encouragement 1) with the intent to assist the principal and the intent that the principal commits the crime; 2) actually aid, counsels or encourages the prinicipal before or during the commission of the crime.

Question 9

Accessory After the Fact

Answer 9

An accessory after the fact is one who receives, relieves, comforts, or assists another, knowing they have committed a felony, in order to escape the felon escape arrest, trial or conviction. The crime committed must be felony and must be completed at the time the aid was rendered. The liability stops once the principal reaches refuge.

Question 10

Receiving Stolen Property

Answer 10

Occurs when a person receives property that they know to be stolen and intend to permanently deprive the owner of the property.

Question 11

Embezzlement

Answer 11

Fraudulent conversion of the personal property of another by a person who is in lawful possession of the subject property.

Question 12

Extortion

Answer 12

The use of threat to illegally obtain property. The threats could be to harm an individual or loved one, or to reveal information the victim would prefer to keep confidential.

Question 13

Fraud

Answer 13

The 1) knowing misrepresentation by the defendant, who 2) intended to induce the plaintiff’s reliance on the misrepresentation, 3) the plaintiff did rely on the misrepresentation, 4) the reliance was justifiable, and 5) there were damages.

Question 14

Larceny

Answer 14

The taking and carrying away of property of another, without the owner’s permission, with the intent to permanently deprive the owner of the property.

Question 15

Larceny by False Pretenses

Answer 15

Providing false statements, withholding important information or making promises they don’t intend to keep in order to obtain title to property of another.

Question 16

Larceny by Trick

Answer 16

Obtaining possession of the property of anotehr by a knowing false statement of fact with intent to defraud. (Owner allows the other person to use the property, but not intended to transfer title).

Question 17

Burglary

Answer 17

The breaking and entering into the dwelling house of another at night with the intent to commit a felony therein. (Does not merge with Larceny. MPC jurisdictions waive night time and dwelling home requirements. If facts don’t show time of day or dwelling, make MPC distinction)

Question 18

Robbery

Answer 18

The wrongful taking of another’s property from a person or their presence thorugh force or threat of injury with the intent to permanently deprive them of the property.

Question 19

Arson

Answer 19

Willfully and maliciously setting fire to or burning or causing to burned, or aiding, counseling, or procuring the burning of, any structure, forest land, or property.

Question 20

Assault and Battery

Answer 20

An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Question 21

First Degree Murder

Answer 21

Kiling of another that is deliberate and premediated

Question 22

Second Degree Murder

Answer 22

All other murders that do not meet First Degree Murder criteria

Question 23

Common Law Murder

Answer 23

Unlawful killing of another with malice aforethought.

Question 24

Malice Aforethought

Answer 24

Can be determined in 4 ways: 1) intent to kill; 2) intent to inflict great bodily harm; 3) reckless disregard of an extreme risk to human life (depraved heart); or 4) felony murder.

Question 25

Felony Murder Rule

Answer 25

A felony murder is a killing that is committed during the course of a dangerous felony, to include, burglary, rapem robbery, arson and kidnapping.

Question 26

Voluntary Manslaughter

Answer 26

Intentional killing, however, with adequate provocation. Adequate provocation exists if the defendant was reasonably provoked, there was not enough time to cool off, and the defendant did not cool off.

Question 27

Involuntary Manslaughter

Answer 27

A killing caused by criminal negligence or recklessness, or an unlawful act, including the course of a misdemeanor or in the course of a felony that doesn't rise to the level of felony murder.

Question 28

Criminal Negligence

Answer 28

An exceptional greater nonconformity from the reasonable person standard requried for civil liability.

Question 29

Legal Impossibility

Answer 29

A legitimate defense to a crime, it was impossible that the actions of the defendant could have been criminal. (D receives stolen property, but property really isn't stolen)

Question 30

Factual Impossibility

Answer 30

Not a legitimate defense to a crime, when the actions of the defendant would have been criminal except for a fact that was unknown to the defendant (Ex. Shooting a gun, not knowing it wasn't loaded. Still can get attempt charge).

Question 31

Confession with Mental Disease

Answer 31

A confession will be deemed voluntary even if the defendant who confesses suffers from a mental disease. Mental illness does not render a confession involuntary under the 14th Amendment.

Question 32

4th Amendment Reasonable Expectation of Privacy

Answer 32

A person has a reasonable expectation of privacy where there is a physical intrusion by the government into a constitutionally protected area to obtain information. There is no reasonable expectation of privacy in things held out to the public, such as conversations. Persons have a reasonable sense of privacy in what they own or possess, including homes and vehicles. Owners of highly regulated industries have a lower expectation of privacy.

Question 33

Search and Seizure

Answer 33

Under the 4th Amendment, applicable to the states via the 14th, government action shall not violate people's right to be secure against unreasonable searches and seizures.

Question 34

Seizure

Answer 34

Under the 4th Amendment, applicable to the states via the 14th, a person is granted protection from unlawful government searches and seizures. A seizure is when a reasonable person believes they're not free to leave.

Question 35

Auto Checkpoints

Answer 35

Police may set up roadblocks to stop cars without reasonable suspicion when the stops are made based on a neutral, articulable standard, and they are designed to serve purposes related to automobiles and their mobility.

Question 36

Government Action

Answer 36

The 4th Amendment, applicable to the states via the 14th, limits government action, or a private party acting as an instrument or agent of the government.

Question 37

Stop and Frisk

Answer 37

A police officer may temporarily detain a person for questioning, without a warrant, if they have reasonable suspicion that they are involved in some illegal activity. Additionally, the officer may conduct a pat-down frisk of the person if they are suspected of havign a weapon.. A police officer may seize items they reasonably believe are contraband or a weapon during the frisk.

Question 38

Reasonable Suspicion

Answer 38

The minimum level of justification for detention, where an officer can show articulable facts that a crime ahs been or is being committed.

Question 39

Probable Cause

Answer 39

Sufficient facts to lead a reasonable person to believe that a crime was committed, and that the defendant committed the crime.

Question 40

Search Warrants

Answer 40

The 4th Amendment, applicable to the states via the 14th, ensures freedom rom unreasonable searches and seizures. In order to conduct a search and to seize indiviudals or evidence, the police are require to obtain a search warrant, unless a valid warrant exception applies.

Question 41

Warrant Requirements

Answer 41

Probable cause is necessary to issue a search warrant. The warrant must state with particularity the place to be searched and the evidence to be seized, and it must have been issue dby a neutral and detatched magistrate. There is no warrant requirement to arrest someone in ap ublic place.

Question 42

Warrant Exceptions

Answer 42

1) Search incident to lawful arrest 2) Plain view 3) Automobile Exception 4) Consent 5) Exigent Circumstances 6)Administrative Inventory Search 7) Temporary detention 8) Frisk

Question 43

Search Incident to Lawful Arrest

Answer 43

Police may search the person and area within their wingspan where a detainee could reach a weapor or destroy evidence

Question 44

Plain View

Answer 44

Police may seize evidence if it is observed in plain view from a place that the officer is lawfully permitted to be, and that they believe is evidence of a crime or contraband.

Question 45

Automobile Exception

Answer 45

The 4th Amendment, applicable to the states via the 14th, does not require police to obtain a warrant to search any compartment of a vehicle if they have probable cause to believe it contains evidence of criminal activity.

Question 46

Consent

Answer 46

A defendant's voluntary and intelligent consent to a search allows the search to be conducted without a warrant or probable cause

Question 47

Exigent Circumstances

Answer 47

A warrantless search is authorized when there is reasonable apprehension that the delay to get a warrant will result in immediate danger or evidence destruction, there is immediate danger to an officer or other person, or a defendant is likely to flee before a warrant can be obtained. This allows for hot pursuit, where police can chase a suspect into a private dwelling.

Question 48

Administrative Inventory Search

Answer 48

A search of an arrestee's property/impounded car after a lawful arrest is valid as long as it's performed according to standardized criteria

Question 49

Temporary Detention

Answer 49

If police have a reasonable suspicion of criminal activity or involvement in a completed crime, supportered by articulable facts, they may stop a person for investigatory purposes

Question 50

Frisk

Answer 50

If police have reasonable suspicion a deteainee is armed and dangerous, they may frisk the detainee for weapons.

Question 51

5th Amendment and Miranda

Answer 51

The 5th Amendment, applicable to the states via the 14th, provides that no person shall be compelled in any criminal case to be a witness against themselved. A statement obtained during a custodial interrogation may not be used against a suspect unless the police inform the suspect of their Miranda Rights.

Question 52

Miranda Warnings

Answer 52

You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney, and to have that attorney present during questioning. If you can't afford an attorney, one will be provided to you.

Question 53

Police line ups

Answer 53

A suspect does not have the right to counsel at a pre-charge lineup. They do have a right to a line-up that is not unduly suggestive, where there is no bias or likelihood for misidentification.

Question 54

5th Amendment Right to Counsel

Answer 54

Once Miranda rights are invoked, the police must stop interrogation. A custodial interrogation may be reinitiated only if 1) the suspect waives their right to counsel; 2) has been re-read their Miranda rights; 3) the suspect themselves initiate the conversation; or 4) counsel is present

Question 55

6th Amendment Right to Counsel

Answer 55

Once charged, all persons have a right to counsel in all criminal prosecutions wehre defendant has a potential for custody, and during all critical stages in the proceedings. Police may not use deception to elicit statements related to a crime when counsel is not present. (Don't put an informant in the same cell, even if they don't ask questions, it's not admissible).

Question 56

6th Amendment Right to Effective Counsel

Answer 56

A claim of ineffective assistance of counsel requires the defendant show their attorney's performance was below an objective standard of reasonableness, and there is a reasonable probability that, but for the errors, the result of the proceeeding would be different.

Question 57

6th Amendment Confrontation Clause

Answer 57

The 6th Amendment, applicable to the states via the 14th, gives a criminal defendant the right to confront the witnesses against them. An out of court statement violates this right when a testimonial statemetn is offered from an unavailable declarant in which the defendant was not offered an opportunity to cross-examine.

Question 58

6th Amendment Right to a Speedy Trial

Answer 58

The 6th Amendment, applicable to the states via the 14th, guarantees a speedy trial, post-accusation. Courts weigh the length and reason for delay and any material harm the defendant may have suffered when determining a violation of this right.

Question 59

Exclusionary Rule

Answer 59

All evidence collected in violation of a defendant's Constitutional rights will be deemed inadmissible in a court of law. Exceptions to this rule are when the police had an independent source, when there is an attenuation of the tain, when the discovery would be inevitable, or when the police relied in good faith on a defective warrant.

Question 60

Fruit of the Poisonous Tree

Answer 60

Any evidence collected that is derive from illegally obtained evidence is also inadmissible in a court of law.

Question 61

Curtilage

Answer 61

Curtilage is the area in the immediate vicinity of a person's home where that person has a reasonable expectation of privacy.

Question 62

Massiah Rule

Answer 62

Statements mae in violation of the 6th Amendment right to counsel are inadmissible.

Question 63

Terry Stop

Answer 63

A police officer may stop a person without probable cause if they have an articulable and reasonable suspicion of criminal activity. In such circumstances, if the officer also reasonably believes the person may be armed and dangerous, they may conduct a protective frisk.

Question 64

Sensory Enhancement

Answer 64

Police may not use electronic sensory enhancement equipment that is not available to the public to collect evidence unless the have a search warrant. ("Walmart Rule")

Question 65

Transactional Immunity

Answer 65

Protects a witness from future prosecution for crimes related to testimony. More encompassing immunity than derivative use immunity, which may only provide limited protections.

Question 66

Qualified Immunity

Answer 66

A protection for government officials, like cops, from lawsuits alleging violations of plaintiff's rights, or only allowing suits where officials violated a clearly established statutory or constitutional right.

Question 67

Voir Dire

Answer 67

The act of selecting jurors from a juror pool. Voter registration files are valid to use when selecting a jury pool. A juror that acts in bad faith in answering voir dire questions does not invalidata a jury verdict.

Question 68

Jury Challenge for Cause

Answer 68

During voir dire, a challenge for cause allows a party to remove a juror for a specific reason.

Question 69

Peremptory Challenge

Answer 69

Each side may use 10 peremptory challenges in a criminal case, increased to 20 if the case has a potential for life imprisonment or dath penalty, decrease to 6 in civil cases or in cases where potential term of imprisonment is 90 days or less. Peremptory challenges shall not be used to remove a juror based on race or religion. An attorney using a peremptory strike is required to show clear and convincing evidence that they are not doing so because of the juror's membership in a protected group.

Question 70

Murder Change of Heart

Answer 70

If a murderer plants a bomb, but changes their mind and tells everone about it, it doesn't negate the intent element, so, if someoen dies, a first degree murder charge is appropriate, because at the time the bomb was planted, the requisite intent was present. Look for transferred intent as well, where defendant may also be charged for the death of bystanders.

Question 71

Transferred Intent

Answer 71

Where a perpetrator intends to harm one person, but harms another inadvertently, the intent to harm will transfer to the party that was actually injured.

Question 72

Mandatory Presumptions

Answer 72

Court-ordered presumptions are illegal. (Can't order presumption of an element that must be proven)

Question 73

Self-defense

Answer 73

Self-defense is a complete defense to a crime and is justified when the defendant reasonably believes they are in imminent danger of harm.

Question 74

Defense of Others

Answer 74

If self-defense is appropriate for an individual, a bystander employing defense of that individual will have the defense of others available.

Question 75

Deadly Force

Answer 75

Such force is allowed when the defendant has a reasonable belief that they are in imminent danger of being killed or will suffer great bodily harm, and deadly force was necessary to defend against danger. If any of the above beliefs are unreasonable, the imperfect self-defense doctrine mitigates murder to voluntary manslaughter. If a bystander is injured while employing self-defense, the defendant cannot be liable for battery if their actions are reasonable.

Question 76

Mistake

Answer 76

Better an undercover cop while they are conducting an arrest? Valid defense. Sell alcohol or have sex with a minor? Strict liability, no defense. Act on advice of attorney? No defense.

Question 77

Retreat Doctrine

Answer 77

A defendant must retreat prior ot using deadly force, with some exceptions. A defendant has no duty to retreat in their own home, if a defendant had no opportunity to retreat or couldn't have been done so safely. There is no obligation to retreat if the aggressor is not using deadly force. Some jurisdications have a "stand your ground" statute that eliminates the duty to retreat

Question 78

Voluntary Intoxication

Answer 78

Can be a defense against specific intent crimes that require purpose or knowledge.

Question 79

Involuntary Intoxication

Answer 79

Can be a defense to crimes that require the formation of intent.