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CA Bar Exam > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

What is homicide? What are the two types?

A

Unlawful taking of the life of another.

  1. Murder
  2. Manslaughter
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2
Q

What is murder?

A

Unlawful killing of another person with malice aforethought.

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3
Q

How is malice established?

A
  1. Intent to kill (can be inferred from deadly weapon)
  2. Intent to cause substantial bodily injury
  3. Reckless indifference to human life (“depraved heart” murder)
  4. Intent to commit dangerous felony
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4
Q

What are inherently dangerous felonies?

A 
BARK
Burglary
Arson
Rape
Robbery
Kidnapping
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5
Q

What is the felony murder rule?

A

Intent to commit dangerous felony that results in death during commission of felony will supply malice necessary for murder.

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6
Q

Is a defendant liable for the death of a co-felon in the commission of a dangerous felony?

A

No.

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7
Q

Is a defendant liable for the death of a bystander if a nonfelon (cop, bystander, etc) kills them?

A

No.

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8
Q

Can intent transfer in murder?

A

Yes

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9
Q

What are the two types of manslaughter?

A

Voluntary and involuntary

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10
Q

What are the two types of voluntary manslaughter?

A

Heat of passion and imperfect self-defense

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11
Q

What is heat of passion manslaughter?

A

Murder can be reduced to voluntary manslaughter if D acted in heat of passion and:

  1. He was reasonably provoked (reasonable person would lose control)
  2. No cooling off time
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12
Q

What is imperfect self-defense?

A

Murder can be reduced to voluntary manslaughter if

  1. D makes UNREASONABLE mistake about need for self-defense, or
  2. D started the altercation
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13
Q

How can someone be eligible for involuntary manslaughter?

A
  1. Gross negligence (disregard of substantial danger of bodily harm/death)
  2. Misdemeanor-manslaughter - commits misdemeanor and death accidentally occurs
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14
Q

What are the statutory murders?

A

1st and 2nd degree

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15
Q

What is 1st degree murder?

A
  1. Premeditation and deliberation (only requires a moment), acted in cool/dispassionate manner
  2. Dangerous felony murder (BAARK)
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16
Q

What is 2nd degree murder?

A

If murder isn’t 1st degree, but doesn’t qualify for manslaughter.

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17
Q

What are the inchoate crimes?

A

Solicitation, conspiracy, attempt.

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18
Q

What is solicitation?

A

If one requests/encourages another to commit a crime with intent that person commit crime (whether or not they agree)

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19
Q

What is conspiracy?

A

Agreement between 2 or more persons who intent to commit crime.

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20
Q

Can agreement for conspiracy be implied?

A

Yes.

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21
Q

Is knowledge of a conspiracy sufficient to establish intent?

A

No.

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22
Q

Is an overt act required to create a conspiracy?

A

At common law, no. It was completed when agreement made.

Majority of jurisdictions now require it, however.

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23
Q

Is one person seriously agrees to criminal plan, but the other person only jokingly does, is it conspiracy?

A

At common law, no. Required two guilty minds.

However, modernly, a “unilateral” conspiracy is sufficient.

24
Q

Are conspirators liable for the crimes of co-conspirators?

A

Only if committed:

  1. In furtherance of conspiracy
  2. Foreseeable
25
Q

Are there any defenses to conspiracy?

A

A person CANNOT withdraw from the conspiracy, but they CAN withdraw from future crimes if they communicate withdrawal and take affirmative steps to withdraw.

26
Q

Is factual impossibility a defense to conspiracy?

A

No.

27
Q

What is attempt?

A

Act done with intent to commit a crime and a substantial step taken.

28
Q

Is mere preparation sufficient for attempt?

A

No.

29
Q

Does solicitation merge with actual crime?

A

Yes.

30
Q

Does attempt merge with actual crime?

A

Yes.

31
Q

Does conspiracy merge with actual crime?

A

NO. It will be charged in addition to crime.

32
Q

Under accomplice liability, what is the person who actually commits the crime called? How about the accomplice?

A

Principal in the first degree

Principal in the second degree

33
Q

What is an accomplice?

A

one who aids/abets person carrying out crime

34
Q

What is an accessory before the fact?

A

Person who aids/abets principal, but IS NOT PRESENT at the crime.

35
Q

What is accessory after the fact?

A

One who helps person avoid apprehension after crime is committed

36
Q

What is the relative guilt of accomplice, accessory before the fact, and accessory after the fact?

A

guilty of crime - accomplice and accessory before the fact

guilty of obstruction (but not crime) - accessory after the fact

37
Q

Is accomplice liable for additional crimes committed by principal?

A

Only if foreseeable

38
Q

Can an accomplice withdraw?

A

Yes, but if they gave assistance, they must render assistance ineffective.

39
Q

What are the 4 insanity tests?

A

M’Naghten - defect in reasoning caused him to not know act was wrong
Irresistible impulse - unable to control his conduct due to mental impairment
Durham -conduct was product of mental illness
MPC - lacked capacity to appreciate criminality or conform to law

40
Q

When is an arrest warrant generally required?

A

If arrest occurs in home.

41
Q

When can police stop a car?

A

Reasonable suspicion

42
Q

When is a search warrant required generally?

A

If gov’t search/seize property located where one has a REASONABLY EXPECTATION OF PRIVACY.

4th Amendment bitches.

43
Q

What test is used for reasonably expectation of privacy?

A

Totality of circumstances

44
Q

What are the requirements for valid warrant?

A
  1. Based on probable cause
  2. Sufficiently-specific
  3. Issued by neutral magistrate
45
Q

What are the exceptions to warrants?

A

SPACES

  1. Search incident to lawful arrest
  2. Plain view (if lawfully on premises)
  3. Automobile (with probable cause)
  4. Consent
  5. Exigent circumstances
  6. Stop and frisk (reasonable suspicion required)
46
Q

What does Miranda apply to?

A

custodial interrogations

47
Q

When is someone in custody?

A

If a reasonable person would believe they are not free to leave

48
Q

What is an interrogation?

A

Words/actions by cops that are likely to elicit incriminating response.

49
Q

When is waiver of Miranda effective?

A

If made voluntarily, knowingly, intelligently

50
Q

What is the effect of someone invoking their right to counsel under 5th Amend?

A

Questioning must stop and lawyer must be present before questioning continues

51
Q

What’s the difference between 5th and 6th amendment right to counsel

A

5th (not automatic) attaches before criminal proceedings, 6th (automatic) after

52
Q

What is the exclusionary rule?

A

Court-made rule that prohibits prosecution from introducing evidence obtained in violation of 4th, 5th, and 6th amendments

53
Q

Fruit of poisonous tree doctrine?

A

Evidence wrongfully obtained is inadmissible (except for impeachment of D)

54
Q

What are the exception to fruit of poisonous tree?

A
  1. Independent source
  2. Inevitable discovery
  3. Purged taint - too many intervening factors between original sin and evidence
55
Q

Does exclusionary rule apply to civil proceedings, grand juries, or parole hearings?

A

No.

56
Q

What is the good faith exceptions to warrants?

A

If cop acted in good faith on belief that warrant was legit, even if it wasn’t, evidence still comes in.

CA Bar Exam (11 decks)

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