CRIMINAL LAW & PROCEDURE

Question 1

CAUSATION

Know the basic elements of a crime—act, intent, causation and concurrence. Causation has been tested twice on the MEE (both times combined with murder), and both times causation was present.

Answer 1

Causation requires showing that the defendant’s acts were both the actual and proximate cause of the outcome. Proximate cause is present if the outcome was foreseeable.

Question 2

ACCOMPLICE LIABILTY

understand what accomplice liability is and what it requires.

Answer 2

A person is guilty as an accomplice if he assists or encourages the principal with dual intents: (1) the intent to assist the primary party, and (2) the intent that the primary party commit the offense charged. Remember a person is not liable for accomplice liability—they are liable for the crime committed through the theory of accomplice liability.

Question 3

UNDERSTANDING MURDER

it is important to understand murder and manslaughter distinctions.

Answer 3

state: “In order to be guilty of murder, the defendant must have the mens rea of malice aforethought which is satisfied in most jurisdictions with intent to kill (first-degree), with knowledge that his acts would kill (first-degree), with intent to inflict great bodily harm (second-degree), or with reckless disregard of an extreme risk to human life (second-degree).”

Question 4

FIRST-DEGREE MURDER

Answer 4

This is the intent to kill with premeditation and deliberation. Some states follow the rule that premeditation and deliberation require proof of a cool mind capable of reflection and some period of reflection. Other states follow the view that premeditation and deliberation can occur in an instant and can be inferred from circumstantial evidence (e.g., using a deadly weapon).

Question 5

SECOND-DEGREE MURDER

Answer 5

This is satisfied by the intent to inflict great bodily harm or by acting with reckless disregard of an extreme risk to human life (depraved heart murder). (Note: it is also the catchall—i.e., when an act constitutes “murder” but is not quite first-degree.)

• Note that the requirement for depraved heart murder usually requires that the defendant acted recklessly and that the defendant’s conduct shows a “high degree of indifference to the value of human life.”

Question 6

FELONY MURDER

Answer 6

This applies to any killing that occurs during the commission of a felony, an attempt to commit a felony, or a flight from a felony. The felony must be inherently dangerous, and the purpose of the felonious conduct must be independent of the homicide.

Question 7

VOLUNTARY MANSLAUGHTER

Answer 7

An intentional killing of a human being without malice aforethought committed in the heat of passion due to adequate provocation.

Question 8

INVOLUNTARY MANSLAUGHTER (MISDEMEANOR MANSLAUGHTER)

Answer 8

The defendant causes the death of another human being by engaging in conduct that creates an unreasonable risk of death or serious bodily injury. The majority view is that the defendant must have acted “recklessly.” Some states say that “gross negligence” is enough.

Question 9

DURESS

Answer 9

The defendant commits a crime because there was a threat or use of force by another which caused a reasonable fear that, if the defendant did not perform the crime, either he or a third person would suffer imminent death* or serious bodily injury. One cannot use duress as a defense
to an intentional homicide.

Question 10

INSANITY

Answer 10

The majority of states use the M’Naghten test. The defendant must prove he suffered a disease of the mind that caused a defect of reason, and as a result he lacked the ability to know the wrongfulness of the actions or understand the nature and quality of his actions.

Question 11

4TH AMENDMENT AND THE PROHIBITION AGAINST UNREASONABLE SEARCH AND SEIZURES

When the Fourth Amendment prohibition against unreasonable searches and seizures is tested, start your essay by identifying the Fourth Amendment. Keep in mind the below principles.

Answer 11

• Standing: a person has standing to raise a Fourth Amendment challenge if he has an expectation of privacy in the thing searched or seized.
• General rule: The Fourth Amendment applies to searches or seizures conducted by government agents in areas where the complaining individual has a reasonable expectation of privacy. An agent usually needs a warrant. However, there are many exceptions, including exigent circumstances, search incident to arrest, consent, the automobile exception, plain view, inventory searches, special needs, and Terry stops/frisks.
• The following have been tested on the MEE:
  
  • Plain view exception: if officers are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to it, they may seize it without a warrant.
  • Terry stops and frisks: the Fourth Amendment permits detention of an individual for a brief period of time if the police have “reasonable, articulable suspicion” that the individual has been recently involved in criminal activity.

Question 12

SIXTH AMENDMENT - RIGHT TO COUNSEL

Answer 12

• The Sixth Amendment, as applied to the states through the Fourteenth Amendment, provides that the accused has the right “to have Assistance of Counsel for his defense.”
• It attaches when judicial proceedings have begun—i.e., when the accused is formally charged via indictment, arraignment, preliminary hearing, etc. It does not attach upon arrest. It applies to all “critical stages” of the prosecution after formal charges are filed.
• Once it attaches, any attempts to deliberately elicit an incriminating statement about the offense that the defendant was charged with, in the absence of counsel or a knowing, intelligent, and voluntary waiver, violates the Sixth Amendment.

Question 13

FIFTH AMENDMENT - RIGHT TO COUNSEL AND RIGHT TO REMAIN SILENT

Answer 13

state: “Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation.”

• Public safety exception: warnings are not required if the questions are intended to protect public safety (e.g., to secure weapons after a shooting).
• Custody: a suspect is in custody if there is a formal arrest, or a restraint on freedom of movement to the degree associated with a formal arrest.
• Interrogation: this includes questioning initiated by law enforcement officers or any words or actions that the police should know are reasonably likely to lead to an incriminating response from the suspect.
• A valid Miranda waiver: The suspect must make a “knowing, intelligent, and voluntary” waiver. This is a low bar.
• A valid Miranda invocation: for both the right to remain silent and the right to counsel, the suspect must be explicit, unambiguous, and unequivocal in making the request (e.g., “I think I need a lawyer” is not enough).
• If a violation occurs: The statements are excluded from the prosecutor’s case-in-chief.The physical fruits are not excluded if the statements were made voluntarily.