Criminal Law and Procedure

Question 1

At Common Law, murder was the…

Answer 1

killing of a human being with malice aforethought.

Question 2

The mental state of malice aforethought could be established by:

Answer 2

1. Intent to kill
2. Intent to cause serious bodily harm
3. Reckless indiffrence to an unjustifiably high risk to human life “depraved heart”; or
4. The intent to commit a dangerous felony “felony murder”

Question 3

Adequate provocation will reduce a killing to….

Answer 3

voluntary manslaughter if the defendant was both reasonably provoked and actually provoked. Must show that the provocation would cause an ordinary person to be provoked.

*Provocation would arouse sudden and intense passion in an ordinary person, and there has been insufficient time for the passions of a reasonable person to cool.

Question 4

Involuntary Manslaughter is the killing that results from…

Answer 4

criminal negligence

Question 5

Under the felony murder doctrine, a killing committed during the course of a _____ is ____.

Answer 5

felony is murder

Question 6

Under the conspiracy and accomplice liability law, all participants in the felony will be liable for murder if:

Answer 6

The killing was foreseeable.

Question 7

Under the M’Naghten rule, a defendant is entitled to an acquittal if:

Answer 7

the proof establishes that a disease of the mind caused a:

1. Defect of reason, such that the defendant lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.

Question 8

An accomplice is one who:

Answer 8

1. With the intent to assist the principal and the intent that the principal commit the substantive offense
2. Actually aids, counsels, or encourages the principal before or during the commission if the crime.

Question 9

Difference between Larceny by trick and obtaining property by false pretenses.

Answer 9

Larceny by Trick: occurs when a person obtains possession of another’s property by lying or trickery.
Obtaining property by false pretenses: A person obtains title to the property by means of a false representation of a material present or past fact that causes the victim to pass title to his property to the defendant who knows his representations to be false and intends thereby to defraud the victim.

Question 10

To convict a person of an attempted crime, the prosecution must establish that the defendant had an:

Answer 10

1. actual specific intent to cause the harm prohibited by the statute and
2. committed an act beyond mere preparation in furtherance of that intent.

Question 11

For a conspirator to successfully withdraw from a criminal effort the conspirator must:

Answer 11

Notify all members of the conspiracy that he has withdrawn; this must be done in time for them to have an opportunity to abandon the planned crimes.

Question 12

Duress

Answer 12

Requires the commission of an otherwise criminal act under the threat of imminent infliction of death or great bodily.

Question 13

Duress is a defense to all crimes EXCEPT:

Answer 13

Homicide

Question 14

Does the exclusionary rule apply in grand jury proceedings?

Answer 14

No- illegally seized evidence is admissible in grand jury proceedings. A pretrial motion to suppress is the appropriate vehicle to test the constitutionality of the seizure but the grand jury is not the appropriate forum.

Question 15

To have a Fourth Amendment right, a person must have a _______ expectation of ____ with respect to the place searched or the item seized.

Answer 15

Reasonable expectation of privacy

Question 16

Do police have the authority to briefly detain a person for investigative purposes even if they lack probable cause to arrest?

Answer 16

Yes, but to make such a stop, the police must have a reasonable suspicion supported by articulable facts of criminal activity or involvement in a completed crime.

Question 17

When the source of reasonable suspicion is an informant’s tip, what must the tip be accompanied by ______

Answer 17

Indicia of reliability sufficient to make the officer’s stop reasonable. (Need to include more detail i.e. predicting incriminating movement.)

Question 18

A school search will be held reasonable if:

Answer 18

1. It offers a moderate chance of finding evidence of wrongdoing
2. the measures adopted to carry out the search are reasonably related to the objectives of the search; and
3. The search is not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

Question 19

Receipt of stolen property

Answer 19

Receiving possession and control of “stolen” personal property, known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of his interest in the property.

*The property must have “stolen” status at the time it is received by the defendant.

Question 20

Pursuant to the Model Penal Code (MPC) test for insanity a defendant is entitled to acquittal if:

Answer 20

He suffered from a mental disease or defect and as a result, lacked substantial capacity to either:

1. Appreciate the criminality of his conduct; or
2. Conform his conduct to the requirements of law

Question 21

Assault:

Answer 21

1. An attempted battery

2. The intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm.

Question 22

What are prerequisites to the admissibility of any statement made by the accused during a custodial interrogation?

Answer 22

1. Miranda Warnings and

2. Valid Waiver

Question 23

Once a person explicitly and unequivocally invokes his right to remain silent, what must happen?

Answer 23

All questioning must cease

Question 24

The police may reinitiate questioning after the defendant has invoked his right to remain silent, as long as they do what?

Answer 24

scrupulously honor the defendant’s request.

The police may not badger the defendant into talking and must wait a significant time before reinitiating questioning.