Criminal Law Flashcards

Question

Malice Aforethought Requirements? (4) (Crimes Against Persons: Homicide: Murder)

Answer 1

1. Intent to Kill 2. Intent to Commit Great Bodily Injury, OR 3. Depraved Heart Killing: Wanton & Wilful Disregard of Human Life 4. Intent to Commit Felony ("Felony Murder Rule")

Answer 2

1. Defense for Underlying Felony 2. Merger Doctrine 3. Reasonably Foreseeable 4. Termination of the Felony 5. Killing of Co-Felon by Victim or Police = No 6. Killing of Innocent Party by Victim or Police = Yes 7. Death Sentence

Answer 3

1. Adequate Provocation (aka "Heat of Passion") 2. "Imperfect Self-Defense" Doctrine, OR 3. Diminished Capacity

Answer 4

1. Defendant Provoked by the Victim 2. Sudden & Intense Passion in Reasonable Person 3. No Reasonable Time to Cool Of, AND 4. Defendant Did Not Cool Of

Answer 5

1. Criminal Negligence, OR 2. Misdemeanor Manslaughter Rule (aka Misdemeanor-Murder

Answer 6

1. Rape 2. Statutory Rape

Answer 7

1. Sexual Intercourse 2. Without Consent 3. By Force or Threat of Force

Answer 8

1. Unlawful 2. Confinement

Answer 9

1. False Imprisonment 2. Movement or Concealment

Answer 10

1. Larceny 2. Embezzlement 3. False Pretenses 4. Robbery 5. Forgery 6. Extortion (aka Blackmail) 7. Receiving Stolen Property 8. Burglary 9. Arson

Answer 11

1. Wrongful Taking (aka Without Consent) 2. Carrying Away 3. Of Another's Tangible Personal Property 4. Intent to Permanently Deprive

Answer 12

1. Fraudulent Intent 2. Conversion 3. Of Another's Personal Property 4. By a Person in Lawful Possession

Answer 13

1. Obtaining Title 2. To Another's Personal Property 3. By an Intentional False Statement of Past or Present Fact 4. With the Specific Intent to Defraud

Answer 14

1. Larceny 2. Force or threat of immediate harm

Answer 15

1. making or altering of 2. a writing with apparent legal significance 3. so that it is false 4. with the intent to defraud

Answer 16

1. Threat of Future Harm 2. Specific Intent to Cause Another Person to Cede Property

Answer 17

1. Receiving Stolen Property 2. With Knowledge that Property is Stolen 3. With the Intent to Deprive Owner

Answer 18

1. Trespassory Breaking & Entering (aka "Unlawful Entry" 2. Dwelling of Another 3. At Night Time 4. Specific Intent to Commit a Felony Insid

Answer 19

1. Malice 2. Burning 3. Another's Dwelling (Any Structure of Another)

Answer 20

1. Insanity 2. Intoxication 3. Infancy 4. Self-Defense 5. Adequate Provocation (aka "Heat of Passion") 6. Duress 7. Necessity 8. Mistake of Fact 9. Mistake of Law 10. Lawfully Resisting Arrest 11. Entrapment 12. Consent

Answer 21

1. M'Naghten Test (Cognitive Test) 2. Irresistible Impulse Test (Volitional Test) 3. Durham Test (Causation Test) 4. American Law Institute (ALI) or Model Penal Code Test

Answer 22

1. Under 7 = No Criminal Liability 2. Under 14 = Rebuttable Presumption of No Criminal Liability

Answer 23

1. Use of Non-Deadly Force 2. Use of Deadly Force 3. Initial Aggressor's Right to Self-Defense 4. "Imperfect Self-Defense" Doctrine 5. Defense of Other 6. Defense of Dwelling 7. Defense of Property

Answer 24

1. Majority Rule = No Duty to Retreat 2. Minority Rule = Duty to Retreat (2 X's)

Answer 25

1. Without Fault (aka Non-Aggressor Victim) 2. Confronted with Unlawful Force 3. Reasonable Belief of Imminent Threat of Death or Great Bodily Harm

Answer 26

1. Majority View = Honest & Reasonable Belief 2. Minority View = Alter Ego

Answer 27

1. Deadly Force = Prohibited, Unless: 1. Riotous & Forcible Entry, OR 2. Intent to Commit Felony Inside of Personal Danger 2. Non-Deadly Force 1. Unlawful Entry, OR 2. Attack on Dwelling

Answer 28

1. Deadly Force Prohibited 2. Non-Deadly Force Permitted

Answer 29

1. the defendant reasonably believed 2. another would imminently inflict death or great bodily harm 3. to her or an immediate family member Complete Defense to All Crimes Except Homicide

Answer 30

1. Defendant Reasonably Believed That Her Crime Was the Lesser of Two Evils 2. No Reasonable Alternative

Answer 31

1. No Defense to Homicide 2. Not Available if Defendant at Fault

Answer 32

1. Unreasonable Mistake of Fact 2. Reasonable Mistake of Fact

Answer 33

1. Only Applies to Government Action 2. Application to States

Answer 34

1. Standing 2. Inapplicable to 3. Exceptions 4. States May Grant Broader Rights

Answer 35

1. Confessions 2. Search & Seizure

Answer 36

1. Civil Cases 2. Deportation Hearings 3. Parole Revocation Hearings 4. Grand Jury Proceedings

Answer 37

1. Purged Taint Exception 2. Miranda Violations Do Not Exclude Physical Fruits 3. Admissible to Impeach Defendant's Testimony 4. Good Faith Defense 5. Knock & Announce Violation

Answer 38

1. Intervening Act of Defendant's Free Will, 2. Independent Source Rule, OR 3. Inevitable Discovery

Answer 39

1. Voluntary Confessions in Violation of Miranda Rights 2. Illegal Searches (Violation of Fourth Amendment)

Answer 40

1. Judicial Opinion 2. Statute or Ordinance, OR 3. Defective Warrant 1. Warrant Obtained Pursuant to Illegal Search 2. Warrant Facially Defective 3. Affidavit Lacking in Probable Cause 4. Police Lied to or Misled Magistrate 5. Magistrate Biased

Answer 41

1. Seizures 2. Search 3. Requirements for a Valid Warrant 4. Exceptions to the Warrant Requirement (Warrantless Search) 5. Non-Investigatory Searches 6. Exempt Proceedings

Answer 42

1. Seizure of a Person 1. Investigatory Detention 2. Automobile Stops 1. Officer's Subjective Motivation is Irrelvant 2. Seizure of Passengers 2. Arrest 1. Probable Cause Required 2. Warrant Required? 1. In Public = No 1. Felony Arrests 2. Misdemeanor Arrests 2. In Suspect's Home = Yes Unless EMERGENCY 3. Overnight Guest = Yes 3. Effect of Invalid Arrest

Answer 43

1. State Action Required 2. Standing = Reasonable Expectation of Privacy 3. Wiretapping & Bugging

Answer 44

1. Automatic Standing 1. Suspect Lives on Premises Searched 2. Suspect Owned Premises Searched 3. Overnight Guest on Premises Searched 2. Sometimes Standing 1. Suspect's Property Seized 2. Suspect Legitimately Present on Premises Searched 3. No Standing = Items held Out to Public

Answer 45

1. "Unreliable Ear" Exception 2. Pen Register 3. National Security Surveillance

Answer 46

1. Issued by Neutral & Detached Magistrate 2. Probable Cause 3. Particularly Describe Place & Items

Answer 47

1. Lawful Arrest 2. Automobile Exception = Probable Cause that Vehicle Contains Evidence of Crime or Contraband 3. Plain View 4. Consent 5. Hot Pursuit 6. Evanescent Evidence 7. Stop & Frisks (aka "Terry Stop") 8. Special Needs Exception

Answer 48

1. **Timing of Search** 1. Arrest Must Take Place Before Search 2. Search Must be Contemporaenous in Time & Place with Arrest 2. **Scope = Arrestee's Person & Area Within Immediate Control** 1. Protective Sweep 1. Immediately Adjacent Areas = Yes 2. Not Immediately Adjacent Areas = Only If Reasonable Suspicion to Believe Others Inside Pose Danger 2. Arrest for Serious Crimes = DNA Sampling Permitted 3. **Automobile Searches Incident to Arrest of Recent Occupant (Recent Occupant Rule)** 1. Scope of Search 1. Interior Compartment = Yes 2. Closed Containers in Interior Compartment = Yes 3. Trunk = No 2. No Contemporaneous with Arrest Requirement 3. Traffic Violations 1. Must Be Custodial Arrest 2. Most cases: No Reasonable Basis to Believe Vehicle Contains Evidence Relevant to Crime of Arrest 4. **Inventory Searches of Arrestees**

Answer 49

1. Scope of Search = Limited to Parts of Vehicle that May Contain Evidence of Crime of Contraband 1. Entire Vehicle Including the Trunk 2. Closed Containers 3. Passenger's Belongings

Answer 50

1. Police Legitimately on the Premises 2. Discover Evidence in Plain View 3. Incriminating Character Immediately Apparent 4. Police Have Lawful Right to Access the Object

Answer 51

1. Valid Consent 1. Voluntary 1. False Claim of Valid Search Warrant 2. Intelligent 2. Scope of Search = Limitless Scope of Consent 3. Multiple Parties (aka Joint Authority) 1. Multiple Parties Present & One Objects = No Consent 2. Only Consenting Pary Present = Consent 4. Invalid Third Party Consent

Answer 52

1. Stop = Articulable & Reasonable Suspicion 1. Lower Standard than Probable Cause 2. Based on Objective Fact 3. Flight as Cause for Suspicion 4. Stop v. Arrest 1. No Longer than Reasonably Necessary 2. No More Intrusive than Reasonably Necessary 2. Frisk = Reasonably Believe Suspect Presently Armed & Dangerous 1. Scope 1. Weapons Only 2. Probable Cause Required to Enter Clothing 3. One Feel Rule 2. Automobiles = May Order Driver Out of Vehicle & Conduct Frisk 3. Questioning without Miranda Warnings Permissible

Answer 53

1. Routine Sobriety Checkpoints = Initial Stop Constitutional 2. Ordinary Criminal Wrongdoing Checkpoints = Unconstitutional

Answer 54

1. Border Searches 2. Administrative Inspections & Searches

Answer 55

1. Searches Not At Point of Entry 2. Exceptions 1. Permanent Alien Checkpoint 2. Roving-Patrol Stop = Reasonable Suspicion Required

Answer 56

1. Probable Cause for Administrative Warrant = General & Neutral Enforcement Plan 2. Exceptions 1. Public School Searches 2. Searches to Seize Spoiled or Contaminated Food 3. Searches of Businesses within Highly Regulated Industry 4. Searches of Airline Passengers 5. Searches of Parolees & Their Homes 6. Searches of Government Employees' Desks & File Cabinets

Answer 57

1. Criminal Cases Only 2. Jeopardy Attaches? 3. Exceptions Permitting Retrial 4. Same Offense? 5. Same Sovereign? 6. Collateral Estoppel & Res Judicata

Answer 58

1. Defendant Pleads Guilty 2. Jury Trial = Jury Empaneled & Sworn In 3. Bench Trial = First Witness Sworn In 4. Civil Trial = Never Attaches 5. Preliminary Hearing = Never Attaches

Answer 59

1. Hung Jury 2. Mistrial for Manifest Necessity 3. Breach of Plea Bargain 4. Retrial After Successful Appeal (Unless reversal was for insufficiency of the evidence to support a guilty verdict)

Answer 60

1. Lesser Included Offenses 2. Greater Included Offenses 1. Exceptions 1. Unable to Try Both Simultaneous 2. New Evidence

Answer 61

1. Federal Court & State Court ≠ Same Sovereign 2. Different State Courts ≠ Same Sovereign 3. State Courts & Municipal Courts within Same State = Same Sovereign

Answer 62

1. Miranda 2. Exceptions 3. Confessions Must Be Voluntary

Answer 63

1. In Custody 1. Not Considered Custody 1. Voluntary Encounter 2. Initial Period of Routine Traffic Stop 3. Probation Interviews 4. Tax Audit Interviews 2. Police Interrogation 3. Burden of Exercising Miranda Rights = Suspect 4. Miranda Warnings 1. Right to Remain Silent = Offense Specific 1. Police May Not Question About Same Crime 2. Police May Question About Different Crime 2. Right to Attorney = Not Offense Specific 1. Unambiguous Assertion 2. Police May Not Question About Any Crime

Answer 64

1. Waiver = Knowingly, Voluntarily & Intelligent 1. Burden of Proving Waiver of Miranda Rights= Government 2. Spontaneous Statement 3. Impeachment of Suspect's Testimony 1. Pre-Miranda Silence = Yes 2. Post-Miranda Silence = No 4. Non-Testimonial (aka Physical) Fruit 5. Substantial Compliance 6. Public Safety Exception 1. Location of Weapon 7. Stop & Frisks 8. Grand jury Proceeding

Answer 65

1. Coerced Confession 2. Not Incriminatory Confession

Answer 66

1. Civil Proceedings Waiver 2. Testimonial Evidence Only 3. Negative Comment by Prosecution or Judge Unconstitutional 4. Voluntary Waiver 5. Elimination of Privilege

Answer 67

1. No Possibility of Incrimination 2. Grant of Immunity 1. Use & Derivative Use 1. Required If Witness Compelled to Provide Potentially Incriminating Evidence 2. Transactional Immunity 1. Non-Granting Sovereign 2. Not Required If Witness Compelled to Provide Potentially Incriminating Evidence

Answer 68

1. Requirements 2. Offense Specific 3. Retained vs. Appointed 4. Applicable Stages 5. Remedies 6. Effective Assistance of Counsel

Answer 69

1. Defendant Represented by Counsel 2. Formal Adversarial Judicial Proceedings Have Commenced 3. No Custody Requirement

Answer 70

1. Includes Necessary Experts in Felonies 2. Requirements to Prove Ineffective Assistance of Counsel 1. Truly Unreasonable, AND 2. Result of Proceeding Would Have Been Different But For the Deficiency

Answer 71

1. Violation of Due Process 2. Right to Counsel at Post-Charge In-Person Lineup 1. Exceptions 1. Photographic Identification 2. Physical Evidence 3. Remedies for Unconstitutional Lineups = Exclusion of In-Court Identification 1. Exception: Reliable Independent Source (aka Reparable)

Answer 72

1. Felonies in Federal Court Only 2. Exclusionary Rule Inapplicable 1. Indictment Can Be Based on Inadmissible Evidence 3. Defendant's Lack of Access 1. No Right to Notice 2. No Right to be Present 3. No Right to Counsel if Called to Testify 4. No Right to Confront Witnesses 5. No Right to Introduce Evidence

Answer 73

1. Attaches When Defendant Arrested or Charged 2. Standard of Review = Totality of the Circumstances 3. Remedy = Dismissal with Prejudice

Answer 74

1. Immediately Appealable 2. Preventive Detention 1. The defendant poses a danger to society, OR 2. No amount of bail would ensure the defendant's appearance at trial

Answer 75

1. Right to a Jury Trial 1. Non-Petty Offenses? 2. No Unanimous Requirement 3. Number of Jurors 1. Six-Person Juries Must Be Unanimous 4. Right to Venire 1. Peremptory Challenges 1. Exclusion Based on Race or Gender = Unconstitutional 2. Opposition to the Death Penalty 1. Exception: Opposition to Death Penalty Would Substantially Impair Ability to Follow Court's Instruction 5. Directed Verdict for Prosecution = Unconstitutional

Answer 76

1. Only After Advisement of Rights & Consequences of the Plea 1. Nature of Charge & Crucial Element 2. Maximum Penalty & Mandatory Minimum 3. Right to Plead Not Guilty & Go to Trial 2. Remedy for Invalid Plea 3. Plea Bargains Broken by Prosecution 4. Ineffective Assistance of Counsel

Answer 77

1. No Automatic Death Penalty 2. Eighth Amendment Ban on Cruel & Unusual Punishment 1. Minor at Time Crime Committed 2. Mentally Disabled at Time Crime Committed 3. Legally Insane at Time of Execution 4. Torture or Lingering Death Prohibited 3. Felony Murder 1. Neither Took Life, Attempted to Take Life Nor Intended to Take Life = Unconstitutional 2. Major Participant & Reckless Indifference to Human Life = OK