Criminal Law/Procedure Flashcards
What does the Fourth Amendment provide?
It provides that people are to be free from unreasonable searches and seizures.
When is a search or seizure reasonable?
To be reasonable, a search or seizure must be pursuant to a warrant, although there are a number of exceptions to this general rule.
What must a person show/prove to have standing for an unreasonable search and seizure claim?
To have standing, a person must show that he had a reasonable expectation of privacy that was violated. Such an expectation arises when the place searched is a person’s home. Expectation of privacy also arises if the person was an overnight guest in the home searched. A person does not have a privacy interest in property given to another because the other can show the property to third parties.
Requirements for attempt crimes
The prosecution must establish that the defendant (1) had the specific intent to commit the underlying crime and (2) took some step toward completing the crime.
“Step” requirement for attempt crimes
To be convicted of an attempt of a crime, the defendant must have taken some step beyond mere preparation toward completing the crime. Under a traditional approach, the courts used a proximity test (i.e., the acts committed by the defendant must come dangerously close to completing the crime). The MPC uses a substantial step test.
Abandonment defense
Generally, once a defendant has performed sufficient acts to be criminally liable for an attempt, an abandonment of the criminal attempt would not be a defense. The MPC recognizes abandonment as a defense if it is fully voluntary (and not due to the difficulty in completing the crime or to the increased risk of being caught) and complete (and not a mere postponement).
Criminal negligence mens rea
A person has a mens rea of criminal negligence when he: (1) fails to be aware of a substantial and unjustifiable risk, and (2) this failure constitutes a substantial deviation from the standard of care that a reasonable person would have exercised in the same situation.
Proximate cause (for a killing)
A D is the proximate cause of a death if the death was the natural and probable consequence of his conduct, even if he did not anticipate the precise manner in which it would occur
Intervening act (proximate cause)
An intervening act can shield the D from liability if the act is a mere coincidence or is outside the foreseeable sphere of risk created by the D’s act
Accomplice liability
An accomplice is a person who (1) with the intent to assist the principal and the intent that the principal commit the crime (2) actually aids, counsels, or encourages the principal before or during the commission of the crime.
Intent for accomplice liability (underlying crime requiring recklessness or negligence)
When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions hold that the intent element is satisfied if the accomplice (1) intended to facilitate the commission of the crime, and (2) acted with recklessness or negligence (whichever is required)
