Criminal Law And Procedure

Question 1

Elements of conspiracy (at CL and under FL law)

Answer 1

At CL, conspiracy requires an agreement between two or more persons, and intent to enter into the agreement, an intent to achieve the objective of the agreement and an overt Act.

In Florida, an overt Act is not necessary.

Question 2

Explain Withdrawal Defense under both the common law and Florida law

Answer 2

Under common law withdrawal is not generally at the fence to a conspiracy. However, It may be a defense if the defendant completely Sports the success of the

Withdrawal will be a defense under Florida law if 1) the accused persuades co-conspirators not to commits the offense. And 2) the circumstances manifest a complete and voluntary renunciation of criminal purpose.

Question 3

M’Naghton test for insanity

Answer 3

1) Mental disease or defect
2) Which causes the defendant
3) Not to understand the nature and quality of his actions or appreciate the criminality of his conduct.

Question 4

Voluntary intoxication under both common law and Florida law?

Answer 4

At common law, voluntary intoxication is a defense to any specific intent crime.

Under Florida law voluntary intoxication is never a defense to any crime.

Question 5

Elements of CL criminal battery

Answer 5

1) Unlawful application of force
2) The person of another
3) Resulting in bodily injury or an offensive touching.

Aggravated battery involves:1) use of a deadly weapon, 2) serious bodily harm, or 3) battery of a child woman or police officer.

Question 6

CL Criminal assault

Answer 6

Is either:
1)an attempt to commit a battery or

)Intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 7

Criminal battery under Florida law

Answer 7

1) intentionally striking the person of another against their will

Or

2) Intentionally causing bodily harm to another person.

Specific intent is required.

Question 8

First degree murder under Florida law

Answer 8

Three ways:

The unlawful killing of another buy premeditated design

The unlawful killing of another during the commission of an enumerated felony.

The unlawful killing have another as the proximate result of distribution of a controlled substance.

Question 9

First second and third degree felony murder under Florida law

Answer 9

First degree felony murder is the unlawful killing of another during the commission of an enumerated felony.

Second degree. Felony murder is the unlawful killing of another by a co-felon during the commission of an enumerated felony.

Third degree felony murder is the unlawful killing of another during the commission of a non enumerated felony.

Question 10

Second degree murder under Florida law

Answer 10

An unlawful killing of another

1) By any Act imminently dangerous to another
2) Evincing a depraved mind regardless of human life but without premeditated design

Or

Second degree felony murder

Question 11

3rd degree murder under Florida law

Answer 11

The unlawful killing of another during the commission of a non enumerated felony.

Question 12

Manslaughter under Florida law

Answer 12

The unlawful killing of another by criminal negligence without legal justification

Question 13

Murder at common law

Answer 13

The unlawful killing of a human being with malice aforethought.

Malice aforethought requires any one of the following states of mind

1) Intent to kill
2) intent to inflict substantial bodily harm
3) intent to commit a felony
4) a reckless disregard for an unjustifiable a high risk to human life ( depraved-heart).

Question 14

Voluntary manslaughter at common law

Answer 14

The unlawful killing of another that would be common-law murder, but for the existence of an adequate provocation.

Requires:

1) sudden and intense provocation
2) defendant in fact provoked
3) insufficient time to cool off
4) Defendant in fact did not cool off.

Question 15

Involuntary manslaughter at common law

Answer 15

The unlawful killing of another by criminal negligence.

Question 16

Larceny at common law

Answer 16

The taking and transporting of the personal property of another without their consent and with the intent to permanently deprive them of their ownership interest.

Question 17

Embezzlement

Answer 17

Fraudulent conversion of personal property of another by a person in lawful possession of that property.

Question 18

False pretenses

Answer 18

Obtaining title to property by consent induced by fraudulent misrepresentation with intent to defraud.

Question 19

Robbery at common law

Answer 19

The taking By force or violence of the personal property of another without their consent and with the intent to permanently deprive them of their incidents of ownership.

Question 20

Burglary at common law

Answer 20

The breaking and entering into the dwelling home of another at night with the intent to commit a felony.

Question 21

Burglary under Florida law

Answer 21

The entering or remaining surreptitiously in a dwelling or structure with the intent to commit an offense Darien.

Question 21

Burglary under Florida law

Answer 21

The entering or remaining surreptitiously in a dwelling or structure with the intent to commit an offense Darien.

Question 22

Arson at common law

Answer 22

The malicious burning of the dwelling of another

Question 23

Arson under Florida law

Answer 23

The willful or unlawful damaging of any structure by fire or explosives

Or

During the commission of any felony..

Question 24

Drug trafficking under Florida law

Answer 24

Knowingly selling, purchasing, making, delivering or knowingly in possession of a controlled substance.

Question 25

3-part Analysis for Search & Seizure

Answer 25

1. Standing? (reasonable expectation of privacy)
2. Valid warrant? (1) PC based upon reliable information and 2) description of persons and places to be searched and things to be seized)
3. If not, do any exceptions apply?

Question 26

Name and Identify the 6 exceptions to the warrant requirement under the 4th Amendment

Answer 26

1. Incident to lawful arrest
2. Automobile exception
3. Plain view (or plain feel)
4. Consent
5. Stop & Frisk
6. Exigent circumstances, hot pursuit

Question 27

Explain scope of permitted search incident to arrest

Answer 27

1. Arrest must be constitutional
2. Protective sweep permitted (limited to search for weapons or evidence within reach of suspect)
3. For auto, search of passenger compartment to search for weapons or evidence if suspect has not been secured).

Question 28

Explain scope of permitted search under Auto Exception

Answer 28

Police can search full scope of car if reasonable suspicion it contains evidence of a crime

Question 29

Elements for Plain View exception to warrant requirement

Answer 29

1. Police must have right to be where they are;

2. Can seize “fruits, instrumentalities and evidence” within plain view.

Question 30

Legal analysis for admissibility of confessions

Answer 30

1. Is suspect “in custody?”
2. Is it an interrogation?
3. Miranda advisory given?
4. KIV waiver (or invocation) of rights to remain silent and/or an attorney?

Question 31

When is suspect “in custody”?

Answer 31

1. When does not feel free to leave

2. Coercive circumstances similar to Miranda

Question 32

Definition of interrogation

Answer 32

Any words or acts “likely to elicit a response” from suspect

Question 33

Effect of Invoking Right to Remain Silent

Answer 33

Police can probably re-question about a different crime after a break if fresh warnings given

Question 34

Effect of Invoking 5th Amendment Right to Counsel

Answer 34

Police may not resume interrogating until counsel is provided UNLESS suspect re-initiates.

Question 35

What are the elements of assault under Florida law?

Answer 35

1. Intentional
2. unlawful Threat by word or act
3. to do violence to the person of another
4. with apparent ability and
5. an act which creates well-founded fear that such violence is imminent