Criminal Law and Procedure

Question 1

What is First Degree Murder?

Answer 1

An unlawful killing with malice aforethought that is both premeditated and deliberate.

Question 2

What is Depraved Heart Murder?

Answer 2

Reckless or grossly negligent conduct that creates an extreme risk to others and demonstrates a wanton disregard for human life.

Question 3

What are Justification or Excuse Defenses?

Answer 3

Self Defense, Defense of Others, Defense of Property, Necessity, Crime Prevention/Arrest/Escape, Entrapment.

Question 4

What are types of Second-Degree Murder?

Answer 4

Murders without premeditation or deliberation, murders caused by intent to cause serious bodily injury, murders committed with reckless indifference to human life.

Question 5

What is Involuntary Manslaughter?

Answer 5

A killing committed with gross negligence or during the commission of a misdemeanor or other unlawful act.

Question 6

What is Second Degree Murder?

Answer 6

A killing with malice but without premeditation and deliberation.

Question 7

What is Burglary?

Answer 7

Common Law: The unlawful breaking and entering of another’s dwelling at night with the intent to commit a felony.

Modernly: Unlawful entry of a building or structure with intent to commit a theft or any other felony.

Question 8

What is Larceny (theft)?

Answer 8

1. The trespassory taking of property;
2. In another’s possession;
3. With the intent to permanently deprive the owner thereof.

Question 9

What is Arson?

Answer 9

1. Malicious; 2. Burning; 3. Of the dwelling; 4. Of Another.

Question 10

When can a defendant suppress a confession?

Answer 10

1. Involuntary: Due to force, threats, trick, coercion, or exploiting a vulnerability;
2. Miranda Violations: No Miranda, Miranda invoke and ignored, or if not knowing or voluntarily waived;
3. Illegal Arrest/Seizure: Statements made after;
4. 6th Amendment: After charges filed, no attorney present at questioning.

Question 11

What is common law murder?

Answer 11

1. The unlawful killing;
2. Of a human being;
3. With malice aforethought.

Question 12

What are the 4 mental states of malice aforethought?

Answer 12

1. Intent to Kill (express);
2. Intent to cause Serious Bodily Injury (implied);
3. Reckless disregard for human life (implied);
4. Intent to commit a felony (implied).

Question 13

What is felony murder?

Answer 13

1. An unintentional and foreseeable killing;
2. Proximately caused during the attempt, commission, or flight from;
3. An inherently dangerous felony.

Question 14

Premeditation

Answer 14

Premeditation is the formation of intent to kill before committing the act. It requires evidence that the defendant consciously decided to kill, even if only seconds before the fatal act.

Question 15

Deliberation

Answer 15

Deliberation involves the defendant reflecting on the decision to kill and its consequences, acting with a cool and rational state of mind rather than impulsively.

Question 16

When is a person an accomplice to a crime?

Answer 16

A person is an accomplice if they aid, encourage, or facilitate the commission of a crime with the intent to assist in its commission. They are liable for the target offense and all foreseeable crimes.

Question 17

What is a principal to a crime?

Answer 17

A person who commits a crime or causes an innocent party to commit it, directly responsible for the offense.

Question 18

What is embezzlement?

Answer 18

Fraudulent conversion of another’s property by a person in lawful possession of it.

Question 19

What is conversion?

Answer 19

Unauthorized exercise of ownership rights over another’s property, depriving the owner of its use.

Question 20

What are the elements to receiving stolen property?

Answer 20

Knowingly possessing or controlling stolen property with the intent to permanently deprive the rightful owner.

Question 21

What is a conspiracy?

Answer 21

Conspiracy is an explicit or implicit agreement between two or more people to commit a crime, combined with, in most jurisdictions, at least one overt act in furtherance of that agreement.

Question 22

What is solicitation?

Answer 22

Solicitation occurs when a person (1) requests, commands, or encourages another to commit a crime, and (2) intends for the crime to be committed. The crime is complete once the request is made, even if the crime is never attempted or completed.

Question 23

What are the elements of robbery?

Answer 23

The unlawful taking of another’s property from their person or presence, by force or intimidation, with intent to permanently deprive them of it.

Question 24

What constitutes an attempt?

Answer 24

A substantial step toward committing a crime, with the specific intent to complete it.

Question 25

What is kidnapping?

Answer 25

The unlawful taking or confinement of a person by force, threat, or deception with movement or significant restraint.

Question 26

What are the elements of assault?

Answer 26

Assault is either (1) an attempted battery, requiring intent and a substantial step toward causing harmful or offensive contact, or (2) an intentional act that places another in reasonable apprehension of imminent harmful or offensive contact.

Question 27

What is a battery?

Answer 27

Battery is harmful or offensive physical contact with another.

Question 28

What is withdrawal (conspiracy & accomplice)?

Answer 28

A conspirator can withdraw by communicating intent to all co-conspirators and taking affirmative steps to thwart the crime. Withdrawal does not negate liability for past acts but can prevent future liability.

Question 29

What is duress?

Answer 29

A valid defense if the defendant committed the crime under imminent threat of death or serious harm, with no reasonable escape, except for homicide.

Question 30

What is necessity?

Answer 30

A defense when a crime is committed to prevent a greater harm, provided there were no legal alternatives, the defendant was not responsible for the initial harm, and the harm avoided outweighs the harm caused.

Question 31

What is entrapment?

Answer 31

A defense when law enforcement induces a person to commit a crime they were not predisposed to commit.

Question 32

What is factual impossibility?

Answer 32

Occurs when the defendant believes they are committing a crime, but due to a factual mistake, the crime is impossible (e.g., trying to pickpocket an empty pocket). It is not a valid defense to attempt.

Question 33

What is legal impossibility?

Answer 33

Occurs when the intended act is not actually illegal, even if the defendant believes it is. It is a valid defense to attempt.

Question 34

Can probable cause be based on an unreliable source?

Answer 34

Probable cause cannot be based solely on an unreliable informant’s tip unless corroborated under the totality of the circumstances test.

Question 35

What is a reasonable expectation of privacy?

Answer 35

Areas where a person has a subjective and objectively reasonable expectation of privacy. Protects against unreasonable searches and seizures. A warrant is required unless an exception applies.

Question 36

When does a person have a subjective expectation of privacy?

Answer 36

A person has a subjective expectation of privacy if they believe their activities or information are private and take steps to maintain that privacy.

Question 37

When does a person have an objective expectation of privacy?

Answer 37

An expectation of privacy is objectively reasonable if society recognizes it as legitimate, such as in a home.

Question 38

What is required for a valid warrant?

Answer 38

A valid warrant must be issued by a neutral magistrate, based on probable cause, and describe the place to be searched and items to be seized.

Question 39

What are exigent circumstances ?

Answer 39

Police may enter without a warrant if there is an immediate threat of harm, destruction of evidence, or suspect escape.

Question 40

Does the 4th Amendment protect privacy in areas of common curtilage or open fields?

Answer 40

The Fourth Amendment protects curtilage (areas immediately surrounding a home) but not open fields.

Question 41

What is the plain view doctrine?

Answer 41

Evidence is admissible if: (1) the officer is lawfully present, (2) the incriminating nature is immediately apparent, and (3) the officer has lawful access.

Question 42

Are checkpoint searches valid?

Answer 42

Police may conduct suspicionless checkpoint stops for public safety (e.g., DUI checkpoints) but not for general crime detection.

Question 43

What is a terry stop?

Answer 43

Police may stop a person with reasonable suspicion of criminal activity and frisk them if they reasonably believe they are armed.

Question 44

What is reasonable suspicion?

Answer 44

It is the standard used to justify a detention. It exists when an officer has sufficient facts and information to make it reasonable to suspect that criminal activity may be occurring, and the person to be detained is connected to that activity. It is a lower standard than probable cause but requires more than a mere hunch.

Question 45

What is probable cause?

Answer 45

Probable cause exists when the totality of the circumstances of the case would cause a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime, or the evidence of a crime will be found in a particular place.

Question 46

Is a Warrantless Seizure valid?

Answer 46

A search without a warrant is presumptively unreasonable unless an exception applies (e.g., consent, exigent circumstances, search incident to arrest, plain view, automobile exception).

Question 47

Is a warrantless arrest valid?

Answer 47

Police may arrest without a warrant if they have probable cause to believe the suspect committed a felony or a misdemeanor in their presence.

Question 48

Are pretextual stops valid?

Answer 48

A stop is valid if there is an objective legal justification, even if the officer’s true motive is unrelated.

Question 49

Can technology be used to conduct legal surveillance without a warrant?

Answer 49

The use of technology not in general public use to obtain information inside the home without a warrant constitutes a search (Kyllo). Conversations in public areas are not protected (Katz). Aerial photography from public airspace is not a search if the area is exposed to public view and lacks a reasonable expectation of privacy (Dow Chemical).

Question 50

Can a person be compelled to testify against themselves?

Answer 50

No person may be compelled to testify against themselves in a criminal case.

Question 51

When must a person be read Miranda rights?

Answer 51

Before custodial interrogation, suspects must be informed of their right to remain silent and to counsel. Statements obtained without a valid waiver are inadmissible.

Question 52

When is a person in custody?

Answer 52

A person is in custody if a reasonable person in their position would not feel free to leave.

Question 53

What is considered interrogation for the purposes of Miranda?

Answer 53

Any statement or action by police that is likely to elicit an incriminating response.

Question 54

When are a defendant's statements admissible?

Answer 54

Statements are admissible if given freely, without coercion. Statements obtained through coercion or compulsion are inadmissible.

Question 55

When is a defendant entitled to the presence of counsel?

Answer 55

Attaches at formal charges and applies at all critical stages of prosecution.

Question 56

When is a defendant competent to represent themselves?

Answer 56

When they knowingly, voluntarily, and intelligently waive the right to counsel and have the mental capacity to understand the proceedings and present a defense.

Question 57

When is a lineup improper?

Answer 57

When it is impermissibly suggestive and creates a substantial likelihood of misidentification. It will be excluded unless the prosecution proves it is independently reliable.

Question 58

Does a Dendant have a right to counsel during an In-Person or Photographic Lineup?

Answer 58

A defendant does not have right to counsel duing a photographic lineup. A defendant does have a right to counsel during an in-person lineup if it occurs after charges have been filed.

Question 59

What is the exclusionary rule?

Answer 59

vidence obtained in violation of the Constitution is generally inadmissible in court subject to exceptions such as good faith reliance, inevitable discovery, independent source, and attenuation.

Question 60

What is the Fruit of the Poisonous Tree doctrine?

Answer 60

Evidence derived from unlawfully obtained evidence is inadmissible unless an exception applies, including independent source, attenuation, inevitable discovery, or good faith reliance.

Question 61

What is attenuation?

Answer 61

Evidence is admissible if the connection between unconstitutional conduct and discovery of the evidence is sufficiently weakened.

Question 62

What is the inevitable discovery exception?

Answer 62

Evidence obtained unlawfully may still be admitted if it would have been discovered through lawful means.

Question 63

What is the good faith warrant exception?

Answer 63

Evidence is admissible if officers relied in good faith on a defective warrant.

Question 64

What is the harmless error rule?

Answer 64

A conviction is upheld despite constitutional violations if the prosecution proves the error had no material impact on the verdict.