Criminal Law / Procedure

Question 1

Plain View Exception

Answer 1

• Officer is in a place he lawfully is allowed to be; and
• Sees in plain view items that he has;
• Immediate probable cause to believe are;
• Contraband, evidence, instrumentalities, or fruits of a crime

Question 2

Fifth Amendment Privilege Against Self-Incrimination

Answer 2

• Person in police custody must be given warnings before an officer can conduct a custodial interrogation
• Any statement, question, or conduct, designed to elicit an incrimination response will be considered interrogation
• In custody = freedom of action is limited in a significant way

Question 3

Fruit of the Poisonous Tree Doctrine (and exception)

Answer 3

• Exclusionary rule applies to evidence and evidence derived from the initial impermissible action
• Exception
  
  • Police obtain unwarned confession from a suspect
  • Then they warn and requestion
  • Permissible if it appear unintentional

Question 4

Attenuation Doctrine

Answer 4

• Connection between conduct and evidence is remote or has been interrupted by some intervening circumstance;
• Factors
  
  • Temporal proximity
  • Presence of intervening circumstances
  • Purpose and flagrancy of misconduct

Question 5

Involuntary Manslaughter

Answer 5

• Death by criminal negligence
• Mens rea
  
  • Fails to be aware of a substantial and unjustifiable risk; and
  • this failure constitutes a substantial deviation from the standard of care that a reasonable person would have exercised in the same situation
  • Some states use recklessness and look for conscious disregard for substantial and unjustifiable risk

Question 6

Accomplice Liability (and when substantive offense has recklessness of negligence as mens rea)

Answer 6

• Intent to assist the principal and the intent that the principal commit the crime;
• Actually aids, counsels, or encourages the principal before or during the commission of the crime
• Mens Rea
  
  • Intended to facilitate the commission of the crime; and
  • Acted with recklessness or negligence (whichever the substantive offense required)

Question 7

Duress Defense

Answer 7

• Not guilty if (other than intentional homicide)
• He performs an otherwise criminal act
• Under threat of imminent infliction of death or great bodily harm
• He reasonably believes death or great bodily harm will occur if he does not perform conduct

Question 8

Sixth Amendment Right to Counsel

Answer 8

• Offense Specific
  
  • Different offenses = each requires proof of an additional element the other does not
• All critical stages after judicial proceedings have begun

Question 9

General Intent Crimes

Answer 9

• Battery
• Rape
• Kidnapping
• False Imprisonment

Question 10

Fifth Amendment

Answer 10

• Requires custodial interrogation
• Right to silence (offense specific with break and fresh warnings)
  
  • Scrupulously honored exception
• Right to counsel = all questioning must stop

Question 11

Second Degree Murder

Answer 11

• Reckless indifference to an unjustifiably high risk to human life;
• Intent to commit a felony;
• Inflict great bodily injury; or
• Intent to kill without premeditation and deliberation

Question 12

Valid Waiver of Miranda Rights

Answer 12

• Knowing and voluntary
• Totality of the circumstances

Question 13

Abandonment of Attempt (Common Law and MPC)

Answer 13

• Common law: no defense
• MPC: Fully voluntary (not due to difficulty or increased risk of being caught or mere postponement)

Question 14

Larceny by Trick

Answer 14

• Obtaining title
• To the property of another
• By a knowing (in some state, intentional) false statement of past or existing fact
• With the intent to defraud another
• Note:
  
  • In most states, knowing can be proven by defendant having notice of a high probability of the statement’s falsity and deliberately avoiding learning the truth
  • Defendant’s belief in truth is an absolute defense (can even be unreasonable)