Criminal Law and Procedure

Question 1

Plain view doctrine

Answer 1

The plain view doctrine allows a law enforcement officer to legally seize an item without a warrant when they 1) see the item in plain view, 2) immediately recognize it as contraband, and 3) are in the area lawfully

Question 2

Burglary (common law)

Answer 2

1) breaking and entering
2) dwelling
3) of another
4) at night
5) with intent to commit a felony therein

Question 3

Larceny (common law)

Answer 3

1) unlawful
2) taking and
3) carrying away
4) the property
5) of another
6) with intent to permanently deprive the owner thereof

Question 4

Can you be charged with a crime if you change your mind after you complete it?

Answer 4

a change of heart after committing a crime does not negate criminal liability

Question 5

Wharton’s Rule

Answer 5

Wharton’s rule bars liability for conspiracy to commit a crime that requires at least two culpable parties (e.g. dueling adultery, bigamy) if the crime is completed only by the necessary number of parties. Note that culpability of the parties is required: a statutory rape is not one such crime because the minor is not culpable

(generally not applicable to MPC)

Question 6

Conspiracy (common law)

Answer 6

bilateral theory of conspiracy, meaning at least two guilty minds must conspire to commit a crime

Question 7

Murder (common law)

Answer 7

unlawful killing with malice aforethought, where malice is:

1. intent to kill (often elevated to first degree murder)
2. intent to inflict serious bodily injury,
3. depraved heart recklessness (reckless disregard for an obvious or unjustifiably high risk of causing death or serious bodily injury)
4. intent to commit an inherently dangerous felony (often elevated to first degree murder through the felony murder rule)

Question 8

self-defense (homicide)

Answer 8

self defense justifies a homicide if the defendant 1) reasonably believed that unlawful harm was imminent, 2) used only reasonable force, 3) was not the initial aggressor.

the defendant has no duty to retreat, even when they can do so safely.

Question 9

personal act

Answer 9

a person is liable for any act he commits personally, even if he is acting on behalf of another person or within the scope of employment

Question 10

Double jeopardy

Answer 10

The fifth amendment double jeopardy clause prohibits prosecution for the same crime (or lesser included crimes) multiple times. However, there is no constitutional requirement that the defendant be tried for all known crimes in the same proceeding. Additionally, crimes that occurred in the same transaction can be tried separately as long as they are distinct.