Criminal Law/Proc

Question 1

What is the M’Naughten Rule?

Answer 1

D is entitled to an acquittal if:

1) A disease of the mind,
2) caused a defect of reason
3) which left D at time of his actions lacking the ability to either:

A) know the wrongfulness of his actions OR
B) understand the nature and quality of his actions.

Question 2

What is an accomplice?

Answer 2

One who with the intent to commit a crime aids or encourages the principal before or during the commission of a crime.

Question 3

Is mere knowledge of the sale of ordinary goods that will be used for criminal purposes sufficient for accomplice liability?

Answer 3

No, courts have held you need more than this

Question 4

What is obtaining property (cash) by False Pretenses?

Answer 4

D obtains TITLE (rather than mere possession) of property by means lies, deceit, or false statement.

Further, cash transferred without any limitations can be construed to mean an intent to convey title to the property (in that case, the cash itself).

Question 5

What is the type intent needed for attempted arson?

Answer 5

Specific intent, while Arson itself is a malice crime.

Question 6

Can the doctrine of transferred intent apply to Attempt crimes? (See Arson example)

Answer 6

No.

EG - A homeowner’s specific intent to burn his OWN house down does NOT transfer to the nearby neighbor’s home

Question 7

What is an exception to the voluntary intoxication defense to a specific intent crime?

Answer 7

When one has the requisite specific intent AND THEN DRINK TO GET UP YOUR NERVE this defense will not apply, bc you had the specific intent when you decided to commit the crime. Whereas developing the specific intent after voluntary intox, you have a valid defense.

Question 8

Which crime is duress NOT a valid defense for?

Answer 8

Murder, bc one life is not more valuable than another

Question 9

Are motions to suppress valid in grand jury proceeding?

Answer 9

No, motions based on exclusionary rule are premature in grand jury proceedings–all evidence may be considered.

Question 10

Why doesn’t a passenger have standing to challenge a search of a car’s trunk?

Answer 10

Even if the search is illegal, a passenger does not have a reasonable expectation of privacy in the trunk of a car that is not hers.

Question 11

What does an anonymous tip need to be considered reliable for a stop and frisk?

Answer 11

It must include more detail or predict some incriminating movement to give reasonable suspicion to stop and frisk.

Question 12

What is the Open Fields Doctrine?

Answer 12

Anything outside curtilage of home is subject to police entry and search because it is held out to the public. Think rural areas and marijuana plants in an open field.

Question 13

When (and for how long) does the 6A right to counsel right attach during a post charge lineup?

Answer 13

A post charge lineup is a critical stage of prosecution and the 6A right to counsel attaches as SOON as the accused is within sight of the identification witnesses, and includes the right to have an attorney present for the entire lineup.

Question 14

Can silence be used against you after youve been given Miranda warnings?

Answer 14

No. There is no duty to deny any allegations after Miranda warnings have been given.

Question 15

What is the difference between the suspicion needed for a Terry stop and a Patdown?

Answer 15

A police officer has the authority to briefly detain a person for investigative purposes if he has a reasonable suspicion supported by articulable facts of criminal activity.

Whereas a police officer may pat down a detained person only if the officer has a reasonable suspicion to believe that the detainee is armed and dangerous.

Question 16

Assuming they have reasonable grounds for a search, what is the allowable scope of a school official’s search?

Answer 16

A school search must not be “excessively intrusive in light of the age and sex of the student and the nature of the infraction.”

Question 17

If a grand jury finds probable cause to prosecute, it will issue a/an __________.

Answer 17

If a charging grand jury determines probable cause to prosecute it will return a bill of indictment as a “true bill.”

Question 18

What does the Redline case hold? (Felony murder)

Answer 18

Under the Redline case, felony murder liability does not attach when the person killed is a co-felon.

The other two theories–agency and proximate cause do not address this situation where the victim is a co-felon.

Question 19

Does a judge have a constitutional obligation to determine whether a D is competent to stand trial? Why should the judge do so?

Answer 19

Yes.

If the defendant is tried and convicted but it later appears that he was incompetent to stand trial, the judge’s failure to raise the issue or to request a determination of competency does not constitute a waiver of the competency issue. [Pate v. Robinson (1966)] Therefore, if the trial judge observes the defendant acting in such a way that may indicate he is incompetent to stand trial (e.g., meowing, chasing imaginary squirrels), she should conduct further inquiry to determine the competency of the defendant.

Question 20

If a D is convicted of manslaughter, and the conviction is overturned on appeal, may D be retried for murder at a second trial? Why or why not?

Answer 20

No. The Double Jeopardy Clause prohibits retrying a defendant whose conviction has been reversed on appeal for any offense more serious than that for which she was convicted at the first trial.

(This right is violated by retrial for a more serious offense, even if at the second trial the defendant is only convicted of an offense no more serious than that for which she was convicted at the first trial.)

Question 21

Where two persons are tried together and one has given a confession implicating the other, may the confession be admitted?

Answer 21

The general rule is that the Sixth Amendment right to confront adverse witnesses prohibits the use of such a statement. However, the statement may be admitted if:

(i) all portions of the statement referring to the other defendant can be eliminated (so that there is no indication of that defendant’s involvement);

(ii) the confessing defendant takes the stand and subjects himself to cross-examination with respect to the truth or falsity of what the statement asserts; OR

(iii) the confession of the nontestifying co-defendant is being used to rebut the defendant’s claim that his confession was obtained coercively, in which case the jury must be instructed as to the purpose of the admission.

Question 22

If a statute protects members of a class, can a member of that class be convicted of a crime under that statute?

Answer 22

If a statute is intended to protect members of a limited class from exploitation or overbearing, members of that class are presumed to have been intended to be immune from liability, even if they participate in the crime in a manner that would otherwise make them liable.

Question 23

What are the inherently dangerous felonies at common law that can accompany felony murder?

Answer 23

Remember BARRK:

• Burglary
• Arson
• Robbery
• Rape
• Kidnapping

Question 24

Is withdrawal a valid defense to conspiracy? Explain.

Answer 24

If a conspirator has made a legally effective withdrawal from the conspiracy at the time of commission of such a crime, he will not be liable for that crime.

Under common law, withdrawal requires an affirmative act that notifies all members of the conspiracy and is done in time for them to have the opportunity to abandon their plans. Withdrawal, however, will not be a defense to the conspiracy charge itself.

Under the MPC, withdrawal IS an effective defense to conspiracy, though an attempt to thwart is required.

Question 25

What is the difference between the common law and MPC defintion of arson?

Answer 25

Common law arson consists of the malicious burning of the dwelling of ANOTHER. The state of mind required-malice-is satisfied not only by intentionally burning the dwelling of another but also by acting with reckless disregard of an obvious risk that the structure would burn.

Under MPC, Arson is the malicious burning of ANY structure or dwelling.

Question 26

What is the minimum burning needed for arson?

Answer 26

Charring of the premises is the minimum burning needed, whereas a blackening is more like attempted arson.

Question 27

Common law definition of forgery

Answer 27

At common law, forgery consists of:

(i) a making or altering;
(ii) of a false instrument;
(iii) with the intent to defraud.

The falsity must be about the instrument itself, not about the contents of the instrument.

Question 28

May police search the passengers compartment of a car incident to lawful arrest?

Answer 28

It depends. The police may not search an automobile’s passenger compartment incident to ANY arrest of an occupant. Such a warrantless search is valid only if:

(i) the arrestee is unsecured and still may gain access to the interior of the automobile, or

(ii) the police reasonably believe that the automobile contains evidence of the crime for which the occupant was arrested.

Question 29

When does a D have standing to challenge the constitutionality of a search under 4A?

Answer 29

To have a 4A right to be free from unreasonable search and seizure, a person must have a reasonable expectation of privacy in the place searched or the item seized. Standing to challenge a search on 4A grounds does not exist merely because a person will be harmed by introduction of evidence seized during an illegal search of a third person’s property; the defendant’s OWN expectation of privacy must be violated.

Question 30

How may statement obtained in violation of a D’s 6A right to counsel be used? If at all

Answer 30

6A provides D’s with a right to counsel at any post-indictment interrogation. Thus, any interrogation relating to relevant charges must take place, if at all, in the presence of the defendant’s counsel unless the defendant has knowingly and voluntarily waived the right.

However, the Supreme Court has held that a statement obtained in violation of a defendant’s 6A right to counsel may be used to IMPEACH the defendant’s contrary trial testimony,

Question 31

Does jeopardy attach even when a jury is hung?

Answer 31

No, the state may retry a defendant in that case.

The Fifth Amendment right to be free of double jeopardy for the same offense has been incorporated into the Fourteenth Amendment. The general rule is that once jeopardy attaches, the defendant may not be retried for the same offense. In jury trials, jeopardy attaches when the jury is empaneled and sworn, but the state may retry a defendant even if jeopardy has attached when the first trial ends in a hung jury.

Question 32

Does a valid search warrant authorize police to search persons found on the premises?

Answer 32

A search warrant does NOT authorize the police to search persons found on the premises who are not named in the warrant. In Ybarra v. Illinois (1979), the Supreme Court held that “each patron of the tavern had an individual right to be free of unreasonable searches, and presence at a location subject to search does not negate the requirement of probable cause to search the person present.”

Question 33

Must the force or threats used in Robbery be used only to gain possession of the property?

Answer 33

No, because it can also be used immediately afterwards.

Robbery is the taking of personal property of another from the other’s person or presence by force or intimidation with the intent to permanently deprive her of it. The force or threats must be used either to gain possession of the property or to retain possession IMMEDIATELY AFTER such possession has been accomplished.