Criminal Law and Procedure

Question 1

Mental State for Murder

Answer 1

• Purposely: A person acts “purposely” when they have a conscious object to engage in act or cause a certain result.
• Knowingly: A person acts “knowingly” as to nature of conduct when they are aware of the nature of conduct or that certain circumstances exist. A person acts “knowingly”as to result, when they know that their conduct will necessarily or very likely cause the result.
• Recklessly: A person acts “recklessly” when they have conscious disregard of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care.
• Negligently: A person acts “negligently” when they fail to be aware of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care.

Question 2

Insanity:

Answer 2

The majority of states use the M’Naghten test. The defendant must prove he suffered a disease of the mind that caused a defect of reason, and as a result he lacked the ability to know the wrongfulness of the actions or understand the nature and quality of his actions.

Question 3

14th Amendment Due Process Analysis

Answer 3

The standard for excluding a confession under the Due Process Clause is (1) whether the police subjected the suspect to coercive conduct and (2) whether the conduct was sufficient to overcome the will of the suspect. Neither the confession nor the fruits of the confession can be admitted if the Fourteenth Amendment is violated.

Question 4

5th Amendment Right to Counsel and Remain Silent

Answer 4

• “Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation.”
  
  • Public safety: warnings are not required if the questions are intended to protect public safety (e.g., to secure weapons after a shooting).
  • Custody: a suspect is in custody if there is a formal arrest, or a restraint on freedom of movement to the degree associated with a formal arrest.
  • Interrogation: this includes questioning initiated by law enforcement officers or any words or actions that the police should know are reasonably likely to lead to an incriminating response from the suspect.
  • A valid Miranda waiver: The suspect must make a “knowing, intelligent, and voluntary” waiver. This is a low bar.
  • A valid Miranda invocation: for both the right to remain silent and the right to counsel, the suspect must be explicit, unambiguous, and unequivocal in making the request (e.g., “I think I need a lawyer” is not enough). The police have no duty to seek a clarification of an ambiguous request.
  • If a violation occurs: The statements are excluded from the prosecutor’s case-in-chief. The physical fruits are not excluded if the statements were made voluntarily.

Question 5

6th Amendment Right to Counsel

Answer 5

• The Sixth Amendment, as applied to the states through the Fourteenth Amendment, provides that the accused has the right “to have Assistance of Counsel for his defense.”
• It attaches when judicial proceedings have begun—i.e., when the accused is formally charged via indictment, arraignment, preliminary hearing, etc. It does not attach upon arrest. It applies to all “critical stages” of the prosecution after formal charges are filed.

Question 6

4th Amendment Searches

Answer 6

• The Fourth Amendment applies to searches or seizures conducted by government agents in areas where the complaining individual has a reasonable expectation of privacy. An agent usually needs a warrant. However, there are many exceptions, including exigent circumstances, search incident to arrest, consent, the automobile exception, plain view, inventory searches, special needs, and Terry stops/frisks.
  
  • Plain view exception: if officers are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to it, they may seize it without a warrant.
  • Terry stops and frisks: the Fourth Amendment permits detention of an individual for a brief period of time if the police have “reasonable, articulable suspicion” that the individual has been recently involved in criminal activity.