Criminal law/procedure

Question 1

exclusionary rule

Answer 1

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

Question 2

fruit of the poisonous tree

Answer 2

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

Question 3

4th Amendment

Answer 3

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

Question 4

Traffic Stop

Answer 4

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

Question 5

arrest

Answer 5

unreasonable search and seizure

Question 6

seizure

Answer 6

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

Question 7

stop & frisk

Answer 7

reasonable belief that person is armed and dangerous

Question 8

warrant requirements

Answer 8

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

Question 9

search and seizure

Answer 9

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

Question 10

exceptions to warrant requirements (ESCAPES)

Answer 10

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

Question 11

good faith exception

Answer 11

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

Question 12

exigent circumstances

Answer 12

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

Question 13

automobile exception

Answer 13

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

Question 14

5th Amendment

Answer 14

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

Question 15

5th amendment right to counsel

Answer 15

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

Question 16

Interrogation

Answer 16

words or conduct reasonably likely to elicit incriminating responses

Voluntary statement is not protected. Involuntary if coerced.

Question 17

miranda warnings

Answer 17

suspect knowingly and voluntarily waives right

Question 18

waiver of miranda rights

Answer 18

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.

Question 19

6th amendment

Answer 19

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

Question 20

admissibility of indictment lineup identification

Answer 20

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

Question 21

6th amendment right to counsel

Answer 21

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

Question 22

confrontation clause

Answer 22

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

Question 23

right to jury trial

Answer 23

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

Question 24

right to speedy trial

Answer 24

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

Question 25

identifications - photo arrays

Answer 25

No right to counsel to be present

Question 26

identifications - lineups

Answer 26

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

Question 27

Probable Cause Hearing

Answer 27

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

Question 28

Bail

Answer 28

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

Question 29

guilty pleas

Answer 29

must be knowingly and willingly

Question 30

double jeopardy

Answer 30

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.

Question 31

required components of a crime

Answer 31

Act + State of Mind + Causation

Question 32

actus reas

Answer 32

voluntary affirmative act or commission causing criminally proscribed result

Question 33

mens rea

Answer 33

guilty mind/state of mind

Question 34

specific intent crimes (FIAT)

Answer 34

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

Question 35

malice crimes

Answer 35

reckless disregard of high risk (CL Murder, Arson)

Question 36

general intent crimes

Answer 36

requires intent to commit unlawful act. purposefully, knowingly or negligently (Battery, rape, kidnapping, false imprisonment)

Question 37

strict liability crimes

Answer 37

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

Question 38

vicarious liability crimes

Answer 38

imposed liability on D for acts of third party

Question 39

causation

Answer 39

D's conduct must cause particular unlawful result

Question 40

Mistake of Fact

Answer 40

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

Question 41

Mistake of law

Answer 41

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

Question 42

principal

Answer 42

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

Question 43

accomplice liability

Answer 43

assists or aid principal during the crime

Question 44

accessory before the fact

Answer 44

assists before the crime

Question 45

accessory after the fact

Answer 45

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

Question 46

withdrawal of accomplice

Answer 46

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

Question 47

insanity defenses - 4 types

Answer 47

- m'gahten - irresistable impulse - durham - mpc

Question 48

Insanity: M’Naghten

Answer 48

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

Question 49

Insanity: Irresistible impulse

Answer 49

D lacked capacity for self-control and free choice

Question 50

Insanity: Durham

Answer 50

unlawful act was product of D’s mental disease

Question 51

Insanity: MPC

Answer 51

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

Question 52

voluntary intoxication

Answer 52

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

Question 53

involuntary intoxication

Answer 53

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

Question 54

inchoate crimes

Answer 54

- 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

Question 55

merger

Answer 55

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

Question 56

solicitation

Answer 56

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

Question 57

attempt

Answer 57

specific intent to commit a crime + substantial step in furtherance of intent Defense: legal impossibility

Question 58

conspiracy

Answer 58

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

Question 59

homicide

Answer 59

unlawful killing of another with malice aforethought

Question 60

types of murder

Answer 60

- intent to kill - intent to cause serious bodily harm - reckless indifference to human life - intent to commit felony

Question 61

murder: intent to kill

Answer 61

conduct is legal cause of death + intent to kill

Question 62

murder: intent to cause serious bodily harm

Answer 62

no specific intent to kill

Question 63

murder: reckless indifference to life

Answer 63

(Depraved Heart) Reckless disregard + unintentional killing

Question 64

murder: intent to commit felony

Answer 64

felony + unintentional death

Question 65

first-degree murder

Answer 65

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

Question 66

second degree murder

Answer 66

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

Question 67

felony murder rule

Answer 67

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

Question 68

voluntary manslaughter

Answer 68

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

Question 69

involuntary manslaughter

Answer 69

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

Question 70

battery

Answer 70

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

Question 71

assault

Answer 71

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

Question 72

false imprisonment

Answer 72

unlawful confinement w/o consent by force or threat

Question 73

kidnapping

Answer 73

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

Question 74

rape

Answer 74

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

Question 75

larceny

Answer 75

(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

Question 76

Larceny: Continue Trespass

Answer 76

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

Question 77

robbery

Answer 77

larceny + with force or threat of immediate harm or intimidation

Question 78

burglarly

Answer 78

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

Question 79

embezzlement

Answer 79

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

Question 80

false pretenses

Answer 80

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

Question 81

larceny by trick

Answer 81

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

Question 82

forgery

Answer 82

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

Question 83

arson

Answer 83

malicious burning of a dwelling of another

Question 84

perjury

Answer 84

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

Question 85

receiving stolen goods

Answer 85

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

Question 86

consent

Answer 86

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

Question 87

self-defense

Answer 87

can only use reasonable force to protect oneself

Question 88

imperfect self-defense

Answer 88

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

Question 89

defense of others

Answer 89

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

Question 90

defense of property

Answer 90

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

Question 91

duress

Answer 91

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

Question 92

public necessity

Answer 92

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

Question 93

private necessity

Answer 93

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

Question 94

entrapment

Answer 94

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

Question 95

use & derivative immunity

Answer 95

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

Question 96

double jeopardy

Answer 96

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

Question 97

criminal trespass

Answer 97

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

Question 98

Extortion

Answer 98

unlawful taking of money by a govt officer

Question 99

abandonment

Answer 99

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

Question 100

protective sweep

Answer 100

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

Question 101

Appellate Standards of Review

Answer 101

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

Question 102

terry stop

Answer 102

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

Question 103

4th Amendment - Reasonable Expectation of Privacy

Answer 103

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.