Criminal Law/Procedure

Question 1

Criminal Law Opening Statement

Answer 1

Criminal liability requires a voluntary culpable act or failure to act (actus reus), a culpable mental state (mens rea), a criminal result, and causation (both actual and proximate). A prosecutor must prove each element beyond a reasonable doubt.

Question 2

Criminal Procedure Opening Statement

Answer 2

Proper criminal procedure protects the constitutional rights of the accused and attempts to ensure a fair legal process.

Question 3

What are the specific intent crimes at common law?

Answer 3

CARBAL: conspiracy, attempt, robbery, burglary, assault, larceny (more than just intending to commit the act that constitutes the actus reus, the actor must intend to commit the act or cause the harm constituting the crime). (Kidnapping/FI?)

Question 4

What is required for accomplice liability?

Answer 4

CIA: complicity (agreement/cooperation/encouragement), intent specific, active participation (assistance, not just presence)

Question 5

What are the defenses to crimes?

Answer 5

Insanity, intoxication, infancy, duress (not for murder/manslaughter), entrapment, self-defense (if raised, prosecutor must disprove BARD; MPC retreat rule except at home), defense of others, defense of property, necessity, fleeing felon (MPC: no deadly force).

Question 6

Fourth Amendment Opening Statement

Answer 6

The court will find a 4th Amendment violation for an improper search if there is a state action and an intrusion on a private citizen with a legitimate expectation of privacy. The 4th Amendment requires that prior to all searches and seizures, the state actor must have probable cause and a warrant or a special exception to a warrant.

Question 7

What is probable cause?

Answer 7

Probable cause exists where there is sufficient quality and quantity of evidence that a particular suspect committed a violation of the law.

Question 8

What are the exceptions to the warrant requirement?

Answer 8

Search incident to an arrest (wingspan, house for hiders, person for safety), cars (PC of contraband, but also inventory/exigent circumstances), stop-and-frisk, plain-view, inventory, consent, exigent circumstances.

Question 9

What may be used for impeachment purposes and what may not?

Answer 9

Impeachment: evidence obtained in violation of the 4th Amendment, Miranda-violating confessions
No use: involuntary confessions,

Question 10

Fifth Amendment Opening Statement

Answer 10

Coercion by improper police conduct violates the 5th Amendment’s privilege against self-incrimination. In order for a confession to be valid and therefore admissible, it must be voluntary, and the suspect must have been given Miranda warnings before interrogation and the subsequent confession.

Question 11

What are some ways evidence may get in anyways despite the exclusionary rule?

Answer 11

Good faith reliance on a search warrant later proved to be invalid, independent source, inevitable discovery, live voluntary witness.