Criminal Law and Procedure Flashcards
What is First Degree Murder?
An unlawful killing with malice aforethought that is both premeditated and deliberate.
What is Depraved Heart Murder?
Reckless or grossly negligent conduct that creates an extreme risk to others and demonstrates a wanton disregard for human life.
What are Justification or Excuse Defenses?
Self Defense, Defense of Others, Defense of Property, Necessity, Crime Prevention/Arrest/Escape, Entrapment.
What are types of Second-Degree Murder?
Murders without premeditation or deliberation, murders caused by intent to cause serious bodily injury, murders committed with reckless indifference to human life.
What is Involuntary Manslaughter?
A killing committed with gross negligence or during the commission of a misdemeanor or other unlawful act.
What is Second Degree Murder?
A killing with malice but without premeditation and deliberation.
What is Burglary?
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.
What is Larceny (theft)?
- The trespassory taking of property;
- In another’s possession;
- With the intent to permanently deprive the owner thereof.
What is Arson?
- Malicious; 2. Burning; 3. Of the dwelling; 4. Of Another.
When can a defendant suppress a confession?
- Involuntary: Due to force, threats, trick, coercion, or exploiting a vulnerability;
- Miranda Violations: No Miranda, Miranda invoke and ignored, or if not knowing or voluntarily waived;
- Illegal Arrest/Seizure: Statements made after;
- 6th Amendment: After charges filed, no attorney present at questioning.
What is common law murder?
- The unlawful killing;
- Of a human being;
- With malice aforethought.
What are the 4 mental states of malice aforethought?
- Intent to Kill (express);
- Intent to cause Serious Bodily Injury (implied);
- Reckless disregard for human life (implied);
- Intent to commit a felony (implied).
What is felony murder?
- An unintentional and foreseeable killing;
- Proximately caused during the attempt, commission, or flight from;
- An inherently dangerous felony.
Premeditation
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.
Deliberation
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.
When is a person an accomplice to a crime?
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.
What is a principal to a crime?
A person who commits a crime or causes an innocent party to commit it, directly responsible for the offense.
What is embezzlement?
Fraudulent conversion of another’s property by a person in lawful possession of it.
What is conversion?
Unauthorized exercise of ownership rights over another’s property, depriving the owner of its use.
What are the elements to receiving stolen property?
Knowingly possessing or controlling stolen property with the intent to permanently deprive the rightful owner.
What is a conspiracy?
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.
What is solicitation?
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.
What are the elements of robbery?
The unlawful taking of another’s property from their person or presence, by force or intimidation, with intent to permanently deprive them of it.
What constitutes an attempt?
A substantial step toward committing a crime, with the specific intent to complete it.
What is kidnapping?
The unlawful taking or confinement of a person by force, threat, or deception with movement or significant restraint.
What are the elements of assault?
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.
What is a battery?
Battery is harmful or offensive physical contact with another.
What is withdrawal (conspiracy & accomplice)?
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.
What is duress?
A valid defense if the defendant committed the crime under imminent threat of death or serious harm, with no reasonable escape, except for homicide.
What is necessity?
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.
What is entrapment?
A defense when law enforcement induces a person to commit a crime they were not predisposed to commit.
What is factual impossibility?
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.
What is legal impossibility?
Occurs when the intended act is not actually illegal, even if the defendant believes it is. It is a valid defense to attempt.
Can probable cause be based on an unreliable source?
Probable cause cannot be based solely on an unreliable informant’s tip unless corroborated under the totality of the circumstances test.
What is a reasonable expectation of privacy?
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.
When does a person have a subjective expectation of privacy?
A person has a subjective expectation of privacy if they believe their activities or information are private and take steps to maintain that privacy.
When does a person have an objective expectation of privacy?
An expectation of privacy is objectively reasonable if society recognizes it as legitimate, such as in a home.
What is required for a valid warrant?
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.
What are exigent circumstances ?
Police may enter without a warrant if there is an immediate threat of harm, destruction of evidence, or suspect escape.
Does the 4th Amendment protect privacy in areas of common curtilage or open fields?
The Fourth Amendment protects curtilage (areas immediately surrounding a home) but not open fields.
What is the plain view doctrine?
Evidence is admissible if: (1) the officer is lawfully present, (2) the incriminating nature is immediately apparent, and (3) the officer has lawful access.
Are checkpoint searches valid?
Police may conduct suspicionless checkpoint stops for public safety (e.g., DUI checkpoints) but not for general crime detection.
What is a terry stop?
Police may stop a person with reasonable suspicion of criminal activity and frisk them if they reasonably believe they are armed.
What is reasonable suspicion?
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.
What is probable cause?
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.
Is a Warrantless Seizure valid?
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).
Is a warrantless arrest valid?
Police may arrest without a warrant if they have probable cause to believe the suspect committed a felony or a misdemeanor in their presence.
Are pretextual stops valid?
A stop is valid if there is an objective legal justification, even if the officer’s true motive is unrelated.
Can technology be used to conduct legal surveillance without a warrant?
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).
Can a person be compelled to testify against themselves?
No person may be compelled to testify against themselves in a criminal case.
When must a person be read Miranda rights?
Before custodial interrogation, suspects must be informed of their right to remain silent and to counsel. Statements obtained without a valid waiver are inadmissible.
When is a person in custody?
A person is in custody if a reasonable person in their position would not feel free to leave.
What is considered interrogation for the purposes of Miranda?
Any statement or action by police that is likely to elicit an incriminating response.
When are a defendant’s statements admissible?
Statements are admissible if given freely, without coercion. Statements obtained through coercion or compulsion are inadmissible.
When is a defendant entitled to the presence of counsel?
Attaches at formal charges and applies at all critical stages of prosecution.
When is a defendant competent to represent themselves?
When they knowingly, voluntarily, and intelligently waive the right to counsel and have the mental capacity to understand the proceedings and present a defense.
When is a lineup improper?
When it is impermissibly suggestive and creates a substantial likelihood of misidentification.
It will be excluded unless the prosecution proves it is independently reliable.
Does a Dendant have a right to counsel during an In-Person or Photographic Lineup?
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.
What is the exclusionary rule?
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.
What is the Fruit of the Poisonous Tree doctrine?
Evidence derived from unlawfully obtained evidence is inadmissible unless an exception applies, including independent source, attenuation, inevitable discovery, or good faith reliance.
What is attenuation?
Evidence is admissible if the connection between unconstitutional conduct and discovery of the evidence is sufficiently weakened.
What is the inevitable discovery exception?
Evidence obtained unlawfully may still be admitted if it would have been discovered through lawful means.
What is the good faith warrant exception?
Evidence is admissible if officers relied in good faith on a defective warrant.
What is the harmless error rule?
A conviction is upheld despite constitutional violations if the prosecution proves the error had no material impact on the verdict.
