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Criminal Law & Procedure > Criminal law/procedure > Flashcards

Criminal law/procedure Flashcards

1
Q

exclusionary rule

A

evidence obtained in violation of D’s constitutional rights is inadmissible against D in trial

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2
Q

fruit of the poisonous tree

A

Evidence derived from primarily tainted evidence. Evidence is excluded unless (1) inevitable discovery, (2) independent soure (3) attenuation (4) good faith reliance

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3
Q

4th Amendment

A

protects against unreasonable search and seizure by the govt. Must be govt conduct not private individual.

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4
Q

Traffic Stop

A

officer must reasonable suspicion of a violation of a law to stop an automobile

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5
Q

arrest

A

unreasonable search and seizure

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6
Q

seizure

A

when police, by means of force or show of authority intend to restrain freedom of movement

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7
Q

stop & frisk

A

reasonable belief that person is armed and dangerous

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8
Q

warrant requirements

A

search/seizure must be made with valid warrant (1) issued by neutral magistrate (2) based on probable cause (3) described with particularity of place/item/person to be searched

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9
Q

search and seizure

A

The search must be by govt agent. Reasonable expectation of privacy standard

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10
Q

exceptions to warrant requirements (ESCAPES)

A

Exigent circumstances, search incident to lawful arrest, consent, automobile exception, plain view, evidence from administrative search and stop & frisk (terry)

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11
Q

good faith exception

A

allows unlawfully obtained evidence to be admitted when (1) police relied in good faith on a facially valid warrant later deems invalid or existing law later deemed unconstitutional AND (2) their reliance was objectively reasonable

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12
Q

exigent circumstances

A

permits police to conduct warrantless search when they reasonably believe its necessary to (1) prevent imminent destruction of relevant evidence (2) protect police and/or public from immediate physical harm or (3) pursue a fleeing suspect after felony occurs

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13
Q

automobile exception

A

allows police to conduct warrantless searches of vehicle if there’s probable cause to believe it contains evidence of crime. Can search any area within vehicle where evidence may be located even trunk/locked compartments

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14
Q

5th Amendment

A

Before Charge and Indictment. Provides that no person shall be compelled to testify against themselves or making incriminating statements.

Can only be asserted by Natural Persons, NOT corporations

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15
Q

5th amendment right to counsel

A

To invoke this right, D must make specific unambiguous statement asserting desire to have counsel present

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16
Q

Interrogation

A

words or conduct reasonably likely to elicit incriminating responses

Voluntary statement is not protected. Involuntary if coerced.

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17
Q

miranda warnings

A

suspect knowingly and voluntarily waives right

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18
Q

waiver of miranda rights

A

may be waived expressly or impliedly.

Waiver is implied when (1) suspect hasn’t asserted his Miranda rights (2) understands those rights and (3) engages in course of conduct indicating waiver.

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19
Q

6th amendment

A

Right after indictment and charges. Right to counsel. Right to confront witnesses. Right to jury trial. Right to speedy trial.

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20
Q

admissibility of indictment lineup identification

A

(1) D must prove that identification procedure was impermissibly suggestive AND (2) D must prove that there is substantial likelihood of misidentification

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21
Q

6th amendment right to counsel

A

guarantees a criminal D has right to counsel at all critical stages of the proceeding

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22
Q

confrontation clause

A

grants criminal D a right to confront adverse witnesses and cross-examination. Any prior out of court statement by an unavailable witness cannot be used against D in criminal trial unless there was a prior opportunity to cross-examine witness at time statement was made

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23
Q

right to jury trial

A

only for serious offenses, for which punishment is incarceration for more than 6 months

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24
Q

right to speedy trial

A

time period commences at time of arrest/formal charge.

Consider factors: (i) length of delay (ii) reason for delay (iii) assertion of Ds right (iv) prejudice to D

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25
Q

identifications - photo arrays

A

No right to counsel to be present

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26
Q

identifications - lineups

A

Pre-indictment: No right to counsel
Post-indictment: Right to counsel

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27
Q

Probable Cause Hearing

A

occurs within 48 hours after arrest to determine if D can be held

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28
Q

Bail

A

no constitutional right to bail but denial can’t violate due process

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29
Q

guilty pleas

A

must be knowingly and willingly

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30
Q

double jeopardy

A

protects against 2nd prosecution for same offense after acquittal/conviction. Attaches when jury is empaneled and sworn in or in bench trial, when witness is first sworn in.

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31
Q

required components of a crime

A

Act + State of Mind + Causation

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32
Q

actus reas

A

voluntary affirmative act or commission causing criminally proscribed result

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33
Q

mens rea

A

guilty mind/state of mind

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34
Q

specific intent crimes (FIAT)

A

D has subjective desire, specific objective or knowledge to accomplish crime

First degree murder, inchoate offenses, assault with intent to commit battery and theft offenses

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35
Q

malice crimes

A

reckless disregard of high risk (CL Murder, Arson)

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36
Q

general intent crimes

A

requires intent to commit unlawful act. purposefully, knowingly or negligently

(Battery, rape, kidnapping, false imprisonment)

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37
Q

strict liability crimes

A

no state of mind requirement. Act alone will suffice. (statutory rape, bigomy, regulation on foods and drugs)

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38
Q

vicarious liability crimes

A

imposed liability on D for acts of third party

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39
Q

causation

A

D’s conduct must cause particular unlawful result

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40
Q

Mistake of Fact

A

CL: Defense to specific intent even if unreasonable. Defense to general intent/malice if reasonable

MPC: serves as defense if it prevents prosecution from establishing required state of mind for material elements of crime

Strict liability: No defense

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41
Q

Mistake of law

A

Not valid under CL, only valid under MPC if:

  • Honestly held mistake of law negates required intent or mental state
  • D relied on court decision/administrative order or official interpretation
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42
Q

principal

A

person who commits act of the crime. must be present at the scene of the crime

43
Q

accomplice liability

A

assists or aid principal during the crime

44
Q

accessory before the fact

A

assists before the crime

45
Q

accessory after the fact

A

aids to avoid apprehension or conviction and knows that crime was committed

46
Q

withdrawal of accomplice

A

CL: Withdraw with timely notice to principal and nullify prior assistance

MPC: (1) render prior assistance ineffective (2) provide police with a timely warning or (3) make proper effort to prevent perpetrator from committing crime

47
Q

insanity defenses - 4 types

A
  • m’gahten
  • irresistable impulse
  • durham
  • mpc
48
Q

Insanity: M’Naghten

A

D didn’t know either (1) nature + quality of act or (2) wrongfulness of act due to mental issues

49
Q

Insanity: Irresistible impulse

A

D lacked capacity for self-control and free choice

50
Q

Insanity: Durham

A

unlawful act was product of D’s mental disease

51
Q

Insanity: MPC

A

at time of conduct, D lacked substantial capacity to appreciate wrongfulness of act or to conform his conduct to law, as result of mental disease

52
Q

voluntary intoxication

A

intentional taking of substance known to cause intoxication. Defense to specific intent crimes if it prevents formation or required intent

53
Q

involuntary intoxication

A

taken w/o knowledge or under duress. Defense when intoxication negates element of general intent, specific intent or malice crime

54
Q

inchoate crimes

A
  • Attempt: specific intent to commit crime + overt act in furtherance. MERGES w intended crime if completed
  • Conspiracy: agreement w specific intent to commit crime + overt act in furtherance. No merger
  • Solicitation: encouraging another to commit a crime + intent to commit crime. Merger w/solicited crime if completed
55
Q

merger

A

solicitation or attempt merge into target crime if its completed. Cannot be convicted of both solicitation/attempt and completed crime

56
Q

solicitation

A

invite or urger another to commit a crime with intent the party does so

57
Q

attempt

A

specific intent to commit a crime + substantial step in furtherance of intent

Defense: legal impossibility

58
Q

conspiracy

A

an agreement between two or more people to commit an unlawful act + overt act in furtherance

59
Q

homicide

A

unlawful killing of another with malice aforethought

60
Q

types of murder

A
  • intent to kill
  • intent to cause serious bodily harm
  • reckless indifference to human life
  • intent to commit felony
61
Q

murder: intent to kill

A

conduct is legal cause of death + intent to kill

62
Q

murder: intent to cause serious bodily harm

A

no specific intent to kill

63
Q

murder: reckless indifference to life

A

(Depraved Heart) Reckless disregard + unintentional killing

64
Q

murder: intent to commit felony

A

felony + unintentional death

65
Q

first-degree murder

A

specific intent; murder that’s deliberate + premeditated OR FMR

66
Q

second degree murder

A

homicide committed with the necessary malicious intent. Unlawful killing with malice aforethought

67
Q

felony murder rule

A

unintended but foreseeable death caused by and occurring during the course of a dangerous felony (BARRK: Burglary, arson, rape, robbery, or kidnapping)

68
Q

voluntary manslaughter

A

murder committed in response to adequate provocation. Heat of passion that provokes a reasonable person + no cooling off period

69
Q

involuntary manslaughter

A

unintentional killing caused by criminal negligence (reckless under MPC) or during an unlawful act

70
Q

battery

A

unlawful application of force to another that causes harmful or offensive contact

71
Q

assault

A

attempted battery or intentionally placing on in apprehension of imminent bodily harm

72
Q

false imprisonment

A

unlawful confinement w/o consent by force or threat

73
Q

kidnapping

A

unlawful confinement w/o consent by force or threat + moving/hiding victim

74
Q

rape

A

unlawful sexual intercourse with a female against her will by force or threat

75
Q

larceny

A

(1) trepassory (w/o consent) (2) taking and (3) carrying away of the (4) personal property (5) of another person (6) with intent to permanently deprive

exception: continuing trespass

76
Q

Larceny: Continue Trespass

A

A person can also be guilty of larceny is he/she forms intent AFTER the unlawful taking

77
Q

robbery

A

larceny + with force or threat of immediate harm or intimidation

78
Q

burglarly

A

breaking and entering the dwelling of another at night time with intent to commit a felony therein

79
Q

embezzlement

A

fraudulent conversion of the property of another by one who has lawful possession

80
Q

false pretenses

A

knowingly misrepresenting material facts + with specific intent to defraud + obtain title to another property

81
Q

larceny by trick

A

obtaining custody or possession of another’s personal property by fraud or deception

82
Q

forgery

A

making of a false writing with apparent legal significance and with intent to defraud

Can be false pretenses if false instrument is made for social purposes

83
Q

arson

A

malicious burning of a dwelling of another

84
Q

perjury

A

after promise to tell truth, willfully making false statements of material matter

85
Q

receiving stolen goods

A

receiving control of stolen property, knowing its stolen and with intent to permanently deprive

86
Q

consent

A

defense to all intentional crimes. if P consents to D’s conduct, D is not liable for that act

87
Q

self-defense

A

can only use reasonable force to protect oneself

88
Q

imperfect self-defense

A

occurs when person claiming self-defense unjustifiably kills the attacker and it will reduce from murder to voluntary manslaughter

89
Q

defense of others

A

right to defend victim with same extent of force necessary to protect oneself

90
Q

defense of property

A

generally cannot use deadly force. May used nondeadly force to reasonably protect property

91
Q

duress

A

threat of deadly or serious bodily injury forced D to commit crime (Not murder)

92
Q

public necessity

A

P can’t recover damages bc absolute defense. D’s invasion is reasonably necessary to protect large group or community

93
Q

private necessity

A

P can only recover for actual harm to property unless D trespassed for P’s benefit

94
Q

entrapment

A

would not have committed crime except for trickery/fraud of law enforcement

95
Q

use & derivative immunity

A

precludes use of person’s testimony and –evidence derived from it – against him/her in a criminal proceeding

96
Q

double jeopardy

A

prohibits multiple punishments or second prosecution for the same offense. Two crimes are considered the same offense when they have identical elements.

97
Q

criminal trespass

A

intentional entry onto another’s property w/o permission or legal privilege

98
Q

Extortion

A

unlawful taking of money by a govt officer

99
Q

abandonment

A

NOT a defense to attempt if it was motivated by (1) desire to avoid detection (2) decision to delay commission until more favorable time or (3) selection of another similar objective/victim

100
Q

protective sweep

A

police can conduct a protective sweep - quick warrantless search of premises made incident to an arrest - if they reasonably suspect that a dangerous person may be on premises and sweep is limited to where person may be found

101
Q

Appellate Standards of Review

A

De Novo – Pure legal issues

Clear Error – Factual issues in bench trial

Substantial Evidence – Factual issues in jury trial

Abuse of Discretion – discretionary rulings by judge

102
Q

terry stop

A

during a terry stop, police may (1) briefly stop and question person if they reasonable suspect person is involved in crime and (2) frisk persons outer garments if they reasonably believe theyre armed and dangerous

103
Q

4th Amendment - Reasonable Expectation of Privacy

A

Only unreasonable searches and seizures are subject to Fourth Amendment protections. An unreasonable search occurs when the government invades a place protected by a REP.

Criminal Law & Procedure (1 decks)

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