Criminal Law & Procedure - Adaptibar Flashcards
What does the Fifth Amendment protect?
It protects defendants against compelled self-incrimination.
What are the prerequisites to the admissibility of any confession made during custodial interrogation?
Warnings given under Miranda, followed by a valid waiver of those rights.
Whether a defendant is in custody is determined by examining:
- whether a reasonable person under the circumstances would feel free to terminate the interrogation and leave; and
- whether the environment offers “the same inherently coercive pressures” as were present at the station house in Miranda
The interrogation requirement refers…
Not only to express questioning, but also to any words or actions on the part of the police that they should know are reasonably likely to elicit an incriminating response from the suspect.
Is a “good” motive for murder a legally acceptable defense to a murder charge?
No.
What is larceny?
Larceny is a specific intent crime and is defined as:
- the taking (obtaining control or possession) and carrying away (the slightest movement is sufficient);
- without consent (against the victim’s free will, which includes duress because duress negates consent); and
- with the intent to permanently deprive the owner of the property (the specific intent to dispossess must exist during the taking)
What is larceny by trick?
Obtaining possession of another’s personal property using false statements of past or existing fact.
Theft by false pretenses
- Obtaining title to another’s property (this requires obtaining ownership, not mere possession);
- by the use of false statements of past or existing fact; with
- the intent to defraud (victim must be deceived by the false statement and pass title to the defendant)
What is embezzlement?
The fraudulent conversion of another’s personal property by one in lawful possession of that property at the time of conversion.
What does fraudulent conversion mean?
That the defendant uses another’s property beyond the scope of the defendant’s right.
May the police conduct a valid search or enter a home if they have voluntary consent
Yes.
The validity of consent is based on…
the totality of the circumstances to determine whether it was freely given and not coerced
What does it mean if a defendant acts “knowingly”?
He must have been aware that his conduct was of a particular nature, or at least know that his conduct will necessarily or very likely cause a particular result
Can a defendant withdraw from a crime after she has already committed it?
NO!!!
May an accomplice be convicted even if the principal is not convicted/charged?
Yes.
Is there a duty to rescue a victim?
No, except in limited circumstances (such as when imposed by statute)
Is mere presence during a crime, without more, enough to constitute aiding, abetting, or facilitating that crime?
No.
Is urging a criminal perpetrator to flee the scene of a crime sufficient to constitute aiding, abetting, or facilitating the perpetrator’s commission of a crime?
No.
To be convicted of attempt, must the defendant take a substantial step in furtherance of committing a crime?
Yes, beyond mere preparation.
What does the Sixth Amendment provide?
It provides a criminal defendant with the right to counsel at all critical stages of prosecution following the beginning of formal proceedings.
When is a defendant’s Sixth Amendment right to counsel violated?
When the prosecutor uses, as evidence, statements made by the defendant that were deliberately elicited from him after he had been indicted and in the absence of his counsel.
When is a defendant’s Sixth Amendment right to counsel violated?
When the prosecutor uses, as evidence, statements made by the defendant that were deliberately elicited from him after he had been indicted and in the absence of his counsel.
By placing an informant in a defendant’s cell to elicit information, does the prosecution violate the defendant’s Sixth Amendment Right to counsel?
Yes, because it is a situation likely to induce the defendant into making incriminating statements absent counsel
What is trespass?
Entering the property of another without the owner’s permission.
What is robbery?
The taking of the personal property of another, with the intent to permanently deprive the owner of it, by force or threat of force.
Is robbery a specific intent crime?
Yes! Must have the specific intent to deprive.
Can mistake negate a specific intent crime?
Yes.
Describe the attorney-client privilege
It applies indefinitely, and extends not only to discussions between the attorney and the client, but also to any representatives of the attorney who are advised of confidential information at the direction of the attorney, including consultants and investigators.
What does the attorney-client relationship require?
It requires that the relationship exists at the time of the communications.
Who does the attorney-client privilege belong to?
To the client alone, and only he can waive it.
Does the attorney-client privilege apply during grand jury proceedings?
YEs.
The attorney-client privilege carries fewer exceptions than any other privilege and covers any communications between a client (or potential client) and the attorney or her representatives. TRUE OR FALSE?
True!
At common law, the underlying felony in a prosecution for felony murder…
Must be sufficiently different from the facts and circumstances of the murder so as to not merge with the murder charge.
Is manslaughter a lesser-included offense of murder?
Yes, and it has many, if not all, of the same elements as murder, and will merge into the murder offense if it is used as the underlying felony.
Is manslaughter a proper underlying felony for prosecution for felony murder?
no.
Is a motion to exclude illegally-obtained evidence premature during grand jury proceedings?
Yes.
What can a grand jury do?
A grand jury can charge a criminal defendant by determining there is probable cause to prosecute by returning the bill of indictment.
What may a grand jury base its indictment on?
It may base it on evidence that would not be admissible at trial. Costello v. United States, 350 U.S. 359 (1956).
May a defendant have an indictment quashed on the grounds that is based upon illegally-obtained evidence?
No. Motions to suppress evidence based on the exclusionary rule are premature in grand jury proceedings.
What is murder in the second degree?
Murder with malice aforethought, done without premeditation and deliberation. (reckless indifference to an unjustifiably risk to human life)
