Criminal Law/Procedure Flashcards
Which of the following reponses likely required miranda?
Voluntary statement made by the woman about the color of a couhc inside of one of the homes.
Court found d guilty of offense and sentenced to 30 days of jail but then waived jail time. Const right to an attorney?
unconstitutional becaues D is legally entitled to rep by counsel in a misdemeanor case when a jail sentence is actulaly imposed.
Passenger of the car ordered to get out of car in which he was pat down and drugs felll out.
Officer has reasonable grounds to fear and pat down was justifeid. The drugs fell to ground in plain view.
Prinipal searches kids locker for drugs? SOP
Only reasonable suspicion.
Protective sweep?
Reasonable suspicion that an armed accomplice is on the premises.
Statute changes D to prove mental incompetence by cleaer and convicing, const?
No because constitutional standard is preponderance of the evidence.
starting fire for prank
2nd degree murder.
Defendant shoots gun on within 200 feet of a dwelling. A statute makes it a felony to discharge any gun within 200 feet of a dwelling. D violated this law and accidentally killed. what type o fmurder?
Depraved heart murder
stealing your own property back from computer place and your friend kills a guy
not guilty because recovering own property. no felony took place.
Shooting gun off becaue of a loud party next door.
depraved heart murder.
Cook asks a friend to injure someone for 5K, friend then kills that person. Guilty of s murder of that person?
Yes, liable for death of another if during intentto cause serious bidly harm injyry. He is the cause in fact here.
Phoning the registrar and solicitation request, but the regisrar deleted it before she heard it?
the vary act of asking another is complete. soliciatoin need not reach the intended recipient.
attempted murder by poison to someone but someone else drinks the wine. Attempted murden on them?
No, because she did not intend to kill that other person.
Saying, “hey hit that person they have it coming.”
guilty as an accessory to battery. because he encouraged.
Calling and soliciting for murder, but then, calling and saying youve changed your mind.
Soliciation has already been complete.
