Criminal Law and Procedure - Barbri Flashcards

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1
Q

Whether a seizure occurs depends on what?

A

Whether, under the totality of the circumstances, a reasonable person would feel free to decline the officers’ requests or otherwise terminate the encounter.

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2
Q

Does an officer boarding a bus constitute a seizure of the person?

A

No, so long as a reasonable person would believe that he was free to leave.

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3
Q

Is a search valid under the Fourth Amendment with consent?

A

Yes, provided it is voluntary and intelligent.

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4
Q

A person in custody must be informed that:

A
  1. he has the right to remain silent;
  2. anything he says can be used against him in court; and
  3. if he cannot afford an attorney, one will be appointed to him if he so desires.
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5
Q

What is the holding of Payton v. New York?

A

There, the Supreme Court held that, absent an emergency, a forcible, warrantless entry into a residence for the purpose of making a felony arrest is an unconstitutional violation of the Fourth Amendment as made applicable to the states by the Fourteenth Amendment.

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6
Q

What is battery?

A

An unlawful application of force to the person of another resulting in either bodily injury or an offensive touching

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7
Q

When does mistake of fact affect criminal guilt?

A

Only if it shows that the defendant did not have the state of mind required for the crime.

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8
Q

Will a conviction be overturned merely because improperly obtained evidence was admitted at trial?

A

No, not necessarily

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9
Q

When may a police officer use deadly force when chasing a fleeing felon?

A

A police officer may use deadly force to apprehend a fleeing felon when the felon threatens death or serious bodily harm and deadly force is necessary to prevent his escape.

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10
Q

Can a police officer use deadly force to apprehend an unarmed, nondangerous felon?

A

No!

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11
Q

What is use of a deadly weapon in the commission of a battery?

A

Aggravated battery

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12
Q

What is necessary for a person to use deadly force in self-defense?

A

A person must reasonably believe that he is faced with imminent death or great bodily harm.

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13
Q

What is necessary for a search based on a search warrant to be constitutionally valid?

A

The warrant must be based on probable cause and must describe with reasonable precision the place to be searched and the items to be seized.

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14
Q

Does a search warrant authorize the police to search persons found on the premises who are not named in the warrant?

A

No. However, if the police have probable cause to arrest a person discovered on the premises to be searched, they may conduct a warrantless search of her incident to the arrest.

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15
Q

If a person is NOT named in the warrant, and circumstances justifying an arrest of that person do NOT exist, the police may search her person for the objects named in the search warrant only if…

A

They have probable cause to believe that she has the named objects on her person

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16
Q

When does involuntary intoxication arise?

A

Where an intoxicating substance is taken without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the substance’s intoxicating effect

17
Q

Is voluntary intoxication a defense to a general intent crime, such as battery?

A

No, it is not.

18
Q

What is a heat of passion killing?

A

Provocation will reduce a killing to voluntary manslaughter if four requirements are met:

  1. the provocation was a type that would arouse sudden and intense passion that would cause a reasonable person to lose self-control,
  2. the defendant was in fact provoked,
  3. there was not sufficient time between the provocation and the killing for the passion of a reasonable person to cool, and
  4. the defendant in fact did not cool off between the provocation and the killing
19
Q

What is the imperfect self-defense doctrine?

A

A murder may be reduced to manslaughter even though the defendant unreasonably but honestly believed in the necessity of responding with deadly force.

20
Q

To be liable for either attempted murder or attempted manslaughter, the defendant…

A

Must have acted with the intent to kill and have committed an act beyond mere preparation for the offense

  • The fact that it is not possible to complete the intended offense is NOT a defense to liability for attempt
21
Q

What is needed to prove attempt?

A

The government must establish that the defendant had a specific intent to commit the crime and committed an act beyond mere preparation for the offense.

22
Q

What is legal impossibility?

A

Where there is no crime on the books to cover either the defendant’s behavior or his intended behavior.

23
Q

When will ignorance or mistake as to a matter of fact serve as a defense to a crime?

A

If it shows that the defendant did not have the state of mind required for the crime.

24
Q

What is needed for a defendant to be convicted of murder?

A

She had:

  1. Intent to kill;
  2. Intent to inflict great bodily injury;
  3. Reckless indifference to an unjustifiably high risk to human life; or
  4. Intent to commit a felony
25
Q

Is it a defense to crime that a defendant was unaware that her acts were prohibited by the criminal law, or that the law compelled a person to do something?

A

NO!!!

26
Q

What does a conspiracy require?

A

An agreement between two or more people to accomplish an unlawful act or objective.

  • The parties must intend to enter the agreement and intend to achieve the objective of the agreement.
27
Q

What is the Sixth Amendment right of autonomy over the defense of one’s case?

A

It includes the rights of “whether to plead guilty, waive the right to a jury trial, testify in one’s own behalf, and forgo an appeal.

28
Q

What must a motion for a new trial based on ineffective assistance of counsel show?

A

Prejudice to the defendant