Criminal Law/Procedure Flashcards
Self-Defense by Aggressor
Only if:
- withdraws from altercation and communicates that intent; and
- other suddenly escalates fight with deadly force and withdrawal is impossible.
Attempt and Underlying Crime
They merge, so cannot be convicted of both attempt and commission of crime.
Legal or Factual Impossibility
Legal impossibility: defense to attempt. E.g., cannot violate law where mistaken about what law requires (curfew).
Factual impossibility: not defense to attempt. E.g. guilty of attempted murder if trigger jams and gun will not fire.
Is withdrawal or abandonment a defense to attempt?
Not in most jurisdictions once person takes substantial step towards completing crime.
Minority allow defense before completion of crime if:
- voluntarily renounce criminal purpose; and
- completely abandon effort to commit or otherwise prevents commission.
Involuntary Manslaughter from criminal negligence
Exists in some jurisdictions where
- know or should have known conduct had high or unreasonable risk of death, and
- actions were gross deviation from those of reasonable person.
Does Miranda apply to confession to fellow inmate or informant?
No, unless compulsion or coercion exists.
When does 4th Amendment Seizure Exist?
Reasonable person would believe he is not free to leave.
Warrant and Plain View Doctrine
Do not need warrant to seize item
- in plain view (with any of 5 senses)
- from place police lawfully permitted to be;
AND
- probable cause to believe item is evidence of crime or contraband.
Warrant and Exigent Circumstances
Do not need warrant if
- evidence is evanescent (will dissipate or disappear);
- necessary to prevent imminent destruction of evidence;
- in hot pursuit of felon and in plain view;
OR
- emergency aid exception.
Warrant and Automobile Exception
Do not need warrant if probable cause exists that contraband/evidence of crime will be found in vehicle.
Can search entire vehicle plus package, luggage, and other container if may reasonably contain item for which PC exists.
Search after traffic stop requires PC before stop.
Custodial Interrogation
Person reasonably believes they are not free to leave
AND
Police knew/should know likely to elicit incriminating response.
What does Miranda protect?
Statements and acts that are communicative or testimonial in nature.
Crying is not protected.
Public Safety and Miranda
Exception allows for limited interrogation WITHOUT Miranda warning for questions reasonably prompted by public safety concern or safety of officer (e.g., to secure weapon).
Invocation of Miranda
Must be clear and unambiguous.
Once invoked, police must stop ANY questioning.
Cannot comment on D’s silence at trial.
Waiver of Miranda rights
Valid = knowing, intelligent and voluntary.
- understands nature of right being waived and consequences of waiver
Line-ups and 14th Amendment Due Process
Violated when line-up is unnecessarily suggestive, resulting in substantial likelihood of misidentification.
Inadmissible at trial if violated due process.
Exclusionary Rule
Evidence obtained in violation of 4, 5, or 6 Amendment is inadmissible at trial.
All derivative evidence also inadmissible as fruit of poisonous tree.
Right to Jury Trial
6th Amendment
Offense where imprisonment is greater than 6 months.
Minimum of 6 jurors and unanimous verdict.
Any factor (other than prior conviction) that increases max penalty must be submitted to jury and proved beyond reasonable doubt.
Double Jeopardy: Final Judgment on Lesser Offense
Bars prosecution of greater offense on same facts UNLESS greater offense (a) did not exist at time of trial OR (b) was not discovered despite due diligence.
Presumptions for Jury Instructions
Rebuttable: May be disputed or overcome by additional evidence. Violates Due Process if it shifts burden of proof to defendant. E.g., person receiving goods shortly after stolen knows of theft.
Irrebuttable: Cannot be disputed or overcome. Per se violation of Due Process. E.g., child under 7 cannot commit felony.
Sufficiency of Evidence (criminal)
Court must enter Judgment of Acquittal if evidence insufficient to sustain conviction (reasonable jury would not find each element proved beyond reasonable doubt).
Defense may move at close of its case-in-chief OR after close of all evidence.
Common Law Mens Rea
- Specific intent (to act or cause result)
- General intent (awareness of act)
- Malice (reckless disregard known risk of harm may occur)
- Strict liability (no mental requirement, only action)
Model Penal Code Mens Rea
- Purposeful (conscious object to act or cause result)
- Knowing (aware conduct is of particular nature or will cause certain result)(includes willful blindness: aware of risk but intentionally ignorant to certain facts)
- Reckless (conscious disregard of substantial and unjustified risk of result, and gross deviation from acts of lawful reasonable person)(includes voluntary intoxication)
- Criminal negligence (should be aware of substantial and unjustified risk, and failed to perceive behavior was gross deviation from acts of lawful reasonable person)
Knock-and-Announce Rule and Exceptions
- Police entering dwelling to execute search warrant must (1) knock on door, and (2) announce identity and purpose before attempting forceable entry.
- No-knock justified if exigent circumstances exist: reasonable suspicion that knock and announce under particular circumstances would be (1) dangerous or futile, or (2) would inhibit effective investigation of crime.
- Circumstances presenting threat of physical violence;
- Hot pursuit of escaped prisoner;
- Reason to believe evidence would likely be destroyed if advance notice given; or
- Court issued “no knock” warrant based on exigent circumstances.
Warrant and Inventory Exception
Permits search of defendant’s possessions during incarceration or in vehicle impounded after lawful arrest.
Search must be:
- reasonable
and
- conducted pursuant to established police procedures.
Warrant and Arrest Exception
Permits search of suspect’s person and area within his immediate control at time of arrest.
If arrest occurs in home, may also search closets and spaces immediately adjoining area from which person may launch an attack.
Double Jeopardy does not bar prosecutions from what/who?
Separate sovereigns.
Federal courts can prosecute despite state crime previously prosecuted (where elements are identical).
Two states can prosecute relevant state crimes.
But political subdivision of same state cannot prosecute for same state crime.
What is a custodial interrogation?
- Custodial: substantial seizure and reasonably believes not free to leave; arrest or restraint on freedom of movement of degree associated with formal arrest.
- Interrogation: police know/should their conduct is likely to elicit incriminating response