Criminal Law and Procedure

Question 1

Mental State Requirements

Answer 1

Except for strict liability crimes, a prosecutor must prove that a defendant acted with a guilty mind while committing a guilty act. A person can either have acted purposely, knowingly, intentionally, willfully, recklessly, or criminally negligent.

Question 2

Miranda Analysis

Answer 2

Miranda requires that whenever a suspect faces a custodial interrogation he must first be given his Miranda warnings. A custodial interrogation is any situation where a suspect is questioned by police under circumstances where a reasonable person would not feel that they are free to leave and refuse to answer questions.

Question 3

4th Amendment Searches

Answer 3

The 4th Amendment provides all persons with protection against unreasonable searches and seizures by gov’t agents. An unreasonable search or seizure is one done without a valid warrant, and where no exception to the warrant exists.

Question 4

Larceny/Embezzlement

Answer 4

Larceny is the unlawful taking of property of another with the intent to permanently deprive them of possession. A person that believes the property is theirs lacks the intent required for larceny.

Embezzlement is the unlawful conversion of another’s property that the defendant had the authority to possess

Question 5

Common Law Murder

Answer 5

The unlawful killing of another person with malice aforethought, which can be met by either the intent to kill, intent to inflict seriously bodily injury, or depraved heart which is an unintentional killing due to reckless behavior with wanton disregard for human life

Question 6

Voluntary Manslaughter

Answer 6

an intentional killing that was made from adequate provocation or other circumstances that negates malice aforethought.

Question 7

Invol. Manslaughter

Answer 7

The unintentional killing resulting from the reckless or grossly negligent conduct of the defendant.

Question 8

1st and 2nd Degree Murder

Answer 8

1st: killing with premediation and deliberation.

2nd: any murder not included in 1st degree including intent to kill that lack premeditation because they were done in a spur of the moment

Question 9

Felony Murder Rule

Answer 9

A killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony, such as burglary, arson, rape, robbery, or kidnapping.

Question 10

Causation in Homicide

Answer 10

A jury must find that the conduct at issue was the actual and proximate cause of death. There must be an actual cause where, but for the action, the result would not have happened or the act accelerated the result. There must also be proximate cause in that the act sufficiently related to the harm is held as the cause of that harm To not be proximate cause, the intervening event must be extraordinary or highly unusual.

Question 11

Homicide

Answer 11

Homicide with malice forethought is murder and without malice is manslaughter.

Question 12

Insanity

Answer 12

a defense that asserts the defendant lacked mental responsibility and if found to be valid at the time of the crime, there will be no criminal liability.

M’Naghten test focuses on the defendants reasoning abilities to determine if at the time of the crime the defendant was unable to know whether the nature and quality of their conudct was wrong.

Question 13

Larceny by Trick, False Pretenses

Answer 13

Larceny by Trick obtaining possession through fraud with the intent to steal. The defendant has tricked the possessor into giving possession through a fraudulent misrepresentation.

False Pretenses is obtaining title to property of another through fraud. A person that makes a false representation of a present of material fact to the victim that causes them to surrender their property.