Criminal Law, Procedure and Evidence

Question 2

Principal

Answer 2

Commit criminal act or aid, abet or procure another to commit a crime

Question 3

Possession of stolen things

Answer 3

1. Intentional
2. possession/procuring/receiving
3. anything of value
4. that has been acquired by robbery or theft

Question 4

Obstruction of justice

Answer 4

1. tampering with evidence

2. specific intent to doctor results of a criminal investigation

Question 5

Illegal carrying of a firearm

Answer 5

Concealment of a firearm on one’s person

Question 6

acquisition of a firearm for a convicted felon

Answer 6

1. Intentionally
2. Obtaining a firearm for another
3. With knowledge that they are a convicted felon

Question 7

Identity theft

Answer 7

Intentional or fraudulent use of another’s personal identification to obtain, possess, anything of value without authorization or consent.

Question 8

Theft of an auto/carjacking

Answer 8

1. Intentional taking of a motor vehicle
2. belonging to another
3. in the presence of the owner or driver (with authority to possess or use o/b/o owner)
4. by use of force or violence

Question 9

Flight from officer

Answer 9

1. Failure to bring a vehicle to a stop after
2. visual and
3. audible signals from police.

• aggravated if human life endangered

Question 10

Resisting arrest

Answer 10

Intentional interference or resisting lawful arrest

Question 11

Motion for continuance

Answer 11

1. Written
2. 7 days before trial
3. State reasons

Question 12

Best evidence rule

Answer 12

Duplicates are admissible unless

1. Truly exceptional circumstances, OR
2. Genuine issue raised as to authenticity
3. Unfair to admit duplicate in lieu of the original

Question 13

When severance allowed

Answer 13

When Joinder would be prejudicial

1. Confusion of jury
2. Unable to present a defense
3. “Bad man taint”

Question 14

Defendant’s previous convictions admissible if

Answer 14

1. Defendant takes the stand
2. Felon in possession of firearm - felony conviction is an element of the charge
3. KIPPOMIA

Question 15

Crawford

Answer 15

Prior testimonial statement not admissible unless

1. Declarent unavailable, and
2. Defendant had opportunity to cross examine Declarent at the time the statement was made.

Question 16

Exceptions to warrant requirement (6)

Answer 16

1. SITA
2. Automobile
3. Consent
4. Plain view
5. Stop and frisk
6. Hot pursuit/exigent circumstances

Question 17

Justification based defenses

Answer 17

Self defense
Prevent felony
Defense of others
Law enforcement purposes

Question 18

Excuse based defenses

Answer 18

Infancy
Insanity
Intoxication (if precludes specific intent element of a crime)

Question 19

Valid warrant

Answer 19

1. Issued by neutral and detached magistrate
2. Probable cause (specific articulable facts)
3. Declaring w/ particularity the place to be searched and thing to be seized

Question 20

Bruton problem

Answer 20

2 persons tried together and one has confessed

Cannot admit confession as right to confrontation prohibits the use of the statement

Question 21

Plain view seizure

Answer 21

1. Police legitimately on premises
2. Discover evidence, fruits of crime or contraband
3. In plain view
4. Probable cause to believe it is evidence, contraband or fruit of crime

Question 22

Stalking

Answer 22

1. Intentional
2. repeated following or harassing
3. that causes alarm or distress

Question 23

False imprisonment

Answer 23

Intentional confinement (perceived or actual)W/out consent andW/out proper authority

Question 24

Drugs/CDS

Answer 24

Possession of a CDS and/or possession w/intent to distribute

Question 25

Criminal damage to property

Answer 25

1. Intentional
2. damage to structure or movable
3. w/out consent

Aggravated if human life might be endangered

Question 26

Accessory after the fact

Answer 26

1. Harbors, conceals or aids another 2. w/ actual knowledge that they have committed a felony, and 3. Intends to keep offender concealed to avoid punishment

Question 27

Due process re: line-ups

Answer 27

Violates due process if1. Unnecessarily suggestive and2. Substantial likelihood of misidentification or unreliable ID

Question 28

Aggravated Battery

Answer 28

Simple battery + dangerous weapon

Question 29

Aggravated 2nd degree battery

Answer 29

Aggravated 2nd degree if battery w/dangerous weapon AND serious bodily injury

Question 30

Theft

Answer 30

1. Misappropriation or taking of 2. Anything of value 3. From another 4. Without consent, or by means of fraud 5. With the intent to permanently deprive

Question 31

Simple Battery

Answer 31

1. Intentional 2. use of force or violence, or Admin of poison/noxious substance 3. w/out consent of victim

Question 32

2nd degree battery

Answer 32

1. Simple battery, and | 2. Serious bodily injury

Question 33

Aggravated arson

Answer 33

1. Intentional damaging of property by means of fire or explosive 2. Without consent 3. Foreseeable that human life may be endangered

Question 34

Arson

Answer 34

1. Intentional 2. damaging of property by means of fire or explosive 3. W/out consent

Question 35

Aggravated burglary

Answer 35

1. Unauthorized entering of a dwelling or vehicle 2. w/ intent to commit a felony therein 3. person is present and 4. offender is armed w/dangerous weapon or commits a battery inside

Question 36

Aggravated assault with a firearm

Answer 36

Intent or placing another in reasonable apprehension of an imminent batteryAccompanied by the discharge of a firearm

Question 37

Assault

Answer 37

1. Intent or placing another in reasonable apprehension of 2. an imminent battery * also attempt to commit battery

Question 38

Aggravated assault

Answer 38

1. Intent or placing another in reasonable apprehension of 2. an imminent battery 2. While armed with a dangerous weapon

Question 39

Simple robbery

Answer 39

1. Taking anything of value 2. belonging to another 3. from their person or immediate control 4. by means of force or violence

Question 40

Armed robbery

Answer 40

1. Taking anything of value 2. belonging to another 3. from their person or immediate control 4. by means of force or violence *5. While armed with a dangerous weapon

Question 41

2nd degree robbery

Answer 41

1. Taking anything of value 2. belonging to another 3. from their person or immediate control 4. by means of force or violence, AND 5. Resulting in serious bodily injury

Question 42

Criminal trespass

Answer 42

1. entering or remaining on the property of another | 2. w/out authorization

Question 43

Conspiracy

Answer 43

1. Agreement between two or more persons 2. for the specific purpose to commit a crime, and 3. Overt act in furtherance of criminal act

Question 44

Manslaughter

Answer 44

killing of a human being, 1.committed in sudden passion or heat of blood 2. by provocation sufficient to deprive an average person of a: self-control and b: cool reflection. OR 1. while engaged in any felony not enumerated, 2. an intentional misdemeanor against the person, or 3. resisting lawful arrest.

Question 45

Second degree murder

Answer 45

Killing of a human being: 1. Specific intent to kill or cause great bodily harm, OR 2. In perpetration of an enumerated felony, OR 3. Victim dies as a result of CDS administered by D.

Question 46

First degree murder

Answer 46

1. Specific intent to kill AND 2. a: in perpetration of an enumerated felony, OR b: aggravating factor (victim is in law enforcement, victim is child under 13 or adult over 65 years old)