Criminal Law/Criminal Procedure Mnemonics

Question 1

Strict liability crimes

Answer 1

MARS life is strict on mars

M - MORALITY crimes (bigamy)

A - ADMINISTRATIVE crimes

R - REGULATORY crimes

S - STATUTORY rape

Question 2

General Liability Crimes

Answer 2

BurgeR King FM

B - BATTERY

R - RAPE

K - KIDNAPPING

F - FALSE imprisonment

M - MANSLAUGHTER

Question 3

Specific intent crimes

Answer 3

SAFER BF CALF

S - solicitation

A - attempt

F - first degree premeditated murder

E - embezzlement

R - robbery

B - burglary

F - false pretenses

C - conspiracy

A - assault

L - larceny

F - forgery

Question 4

Felonies that can result in felony murder

Answer 4

BARRK

burglary

arson

rape

robbery

kidnapping

Question 5

Felonies that can result in felony murder

Answer 5

BARRK

burglary

arson

rape

robbery

kidnapping

Question 6

When are informant tips sufficiently reliable

Answer 6

Cadillac CAR

corroborated

credible

against interest

reliable

Question 7

Requirements for a warrant

Answer 7

PCP DAMN

to arrest someone with PCP, you still need a warrant…DAMN

Probable cause

particularity

detached and neutral magistrate

Question 8

Exceptions to the warrant requirement

Answer 8

ESCAPIST

E - exigent circumstances

S - SILA

C - consent

A - automobile search

P - plain view

I - inventory

S - special needs

T - Terry stop/frisk

Question 9

Exceptions to Exclusionary Rule/Fruit of the Poisonous Tree

Answer 9

Gossip GIIII-RL - 4 years in high school so 4 I’s

G - grand jury

G - good faith (Reliance) (COWS)

I - impeachment

I - inevitable discovery

I - intervening event/attenuation

I - independent source

R -

Question 10

Searches of public school students

Answer 10

MR. PR-incipal ELI-aine

M - Moderate chance of finding contraband

R P - reasonably related to the purpose of the search

ELI - search is not excessively intrusive

Question 11

Compelled statement

Answer 11

ICE

induced, compelled, elicited

Question 12

6th Amendment Confrontation Clause

Answer 12

CUNT

C - criminal action

U - unavailable declarant

N - no opportunity to cross

T - testimonial

Question 13

Custody factors

Answer 13

CARLL

C - circumstances of the interrogation

A - age

R - R belief of accused (whether he thinks he is in custody)

L - location

L - Length

(1) Would a R person feel free to leave? (2) how much does it resemble custody at the police station?

Question 14

5th Amendment privilege against self-incrimination does not apply

Answer 14

Wii

W - waiver

I - immunity

I - incrimination is impossible (ex: SOL has run)

Question 15

Critical stages

Answer 15

• 6^th Amendment Right to Counsel: a criminal defendant charged of a felony has a right to counsel at all critical stages of the proceeding
  
  • Automatically invoked when criminal proceedings have begun (formal charge, indictment, arraignment, preliminary hearing)
  • Applies to all critical stages of the proceeding
    
    • Critical stages: BRAIL PBP (Brail Please Be Patient)
      
      • Bail hearing
      • Appeals as a matter of Right
      • Interrogations
      • Post-charge Lineups (in-person lineups and identifications)
      • Plea bargaining negotiations
      • Preliminary hearings
      • Not critical:
        
        • Parol/probation/probable cause hearings
        • Discretionary appeals
        • Fingerprinting, taking handwriting/voice/blood samples
        • Pre-indictment lineups, photo arrays

Question 16

Double jeopardy exceptions

Answer 16

• Double Jeopardy Exceptions CHAMPS (prosecutors = CHAMPS if they can get around double jeopardy!!)
  
  • C - CIVIL trial
  • H - HUNG jury
  • A - successful APPEAL
  • M - MANIFEST necessity
  • P - PLEA bargain violated by D
  • S - SOVEREIGNS are different

Question 17

Constitutionality of death penalty

Answer 17

CUM F PAD ACL

C U - CLEAR and UNAMBIGUOUS

M F - MITIGATING FACTORS

P - PROCEDURE was not ARBITRARY or DISCRIMINATORY

A C - AGGRAVATING CIRCUMSTANCES

L - LESSER included offense