Criminal Law & Procedure Flashcards
Do Miranda warnings need to be given before a suspect is interrogated by a civilian working for the police?
Depends on whether the suspect knows this person is employed by the police.
Miranda generally applies only to interrogation by the publicly paid police. It does not apply where interrogation is by an informant who the defendant does not know is working for the police. The rationale is that the warnings are intended to offset the coercive nature of police-dominated interrogation, and if the defendant does not know that he is being interrogated by the police, there is no coercive atmosphere to offset.
A confession obtained in violation of Miranda, but otherwise voluntary, can be used for:
the limited purpose of impeaching a defendant who testifies at trial
When is an offense considered “serious” for determining whether a defendant has a constitutional right to a jury trial.
If more than six months’ imprisonment is authorized
What factors should be considered when determining a violation to a speedy trial
i) length of the delay,
(ii) reason for the delay,
(iii) whether the defendant asserted his right,
(iv) prejudice to the defendant.
When does the Sixth Amendment right to counsel apply?
only after adversary judicial proceedings have begun (e.g., formal charges have been filed)
What is the hierarchy of murder crimes?
1) Murder
2) Voluntary Manslaughter
3) Involuntary Manslaughter
4) Batter
What is more helpful to the D, knocking out an element of the crime or raising an affirmative defense?
Knocking out an element of the crime - attacks prosecution’s case-in-chief
What limitation does “agency theory” jurisdiction place on the felony murder liability?
In states following the agency theory of felony murder, the killing must have been caused by the defendant or someone acting as the defendant’s “agent” (i.e., an accomplice).
Thus, a killing by neither the police nor the victim would not result in the defendant’s liability for felony murder.
What is the M’Naghten rule?
Under the M’Naghten rule, a defendant is entitled to an acquittal if the proof establishes that a disease of the mind caused a 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.
What is the majority rule for abandonment as a defense to liability for an attempt to commit a crime?
Not a defense.
Under the majority rule, liability for attempt arises once D commits an overt act concurrently with the specific intent to commit the crime (i.e. D is liable for the attempt before he can abandon the crime)
What is the remedy for an exclusionary rule violation
harmless error review
When will a school search be held reasonable?
(i) it offers a moderate chance of finding evidence of wrongdoing;
(ii) the measures adopted to carry out the search are reasonably related to the objectives of the search; and
(iii) the search is not excessively intrusive in light of the age and sex of the student and the nature of the infraction
How must a suspect effectively invoke their right to counsel
Request for an attorney must be unambiguous and sufficiently clear that a reasonable officer would understand the statement to be a request.
The police are under no duty to clarify an ambiguous request.
What standard do the courts use to assess whether a waiver of Miranda rights is valid
Totality of the circumstances
Standard is probably met if suspect receives warnings and subsequently answers questions.
What is the 6th Amendment right to counsel?
The 6th amendment affords a suspect the right to counsel during all critical stages of a criminal prosecution after formal proceedings have begun.
The right is offense specific and police are permitted to question D about any other crime without violating the right to counsel.
Under the 6th amendment, do the police the need to inform a suspect that their counsel is attempting to see their client, the suspect?
Police failure to inform a a suspect that his lawyer is attempting to see him does not violate the 6th amendment, except with regard to charges for which judicial proceedings have commenced
Which crimes merge into their substantive offenses if completed, and which do not?
solicitation and attempt merge
attempt does not
When does a state acquire jurisdiction over a crime?
if either the conduct or the result happened in that statw
What are the additional defenses available to specific intent crimes?
1) voluntary intoxication
2) unreasonable mistake of fact
When does transferred intent not apply?
Attempt crimes
Why does merger not apply to crimes convicted under transfer intent doctrine?
Because different victims
When faced with D being charged by 2 crimes, what issues come to mind?
1) merger doctrine (inchoate offenses & lesser included offenses)
2) double jeopardy
What is the unilateral v. bilateral approach for conspiracy crimes
unilateral - modern trend, requires only need one person to have a genuine criminal intent
bilateral - traditional, common law requires two guilty parties. If one person is feigning agreement, the other person cannot be guilty of conspiracy, and the acquittal of all persons with whom the D is alleged to have conspired precludes conviction of the remaining D
What is the open fields doctrine?
Under the “open fields” doctrine, areas outside the “curtilage” (dwelling house and outbuildings) are subject to police search, as these areas are held out to the public and are unprotected by the Fourth Amendment
