Criminal Law/Procedure (from missed questions) Flashcards
Involuntary Act satisfied the actus reus requirement if:
1) D is aware of the condition that can result in involuntary action AND
2) Fails to take reasonable steps to prevent such actions
4 Main Categories of Strict Liability Crimes:
1) Morality Crimes
2) Administrative Crimes
3) Regulatory Crimes
4) Statutory Rape
4 Categories of Mens Rea under MPC:
1) Purposely
2) Knowingly
3) Recklessly
4) Negligently
Superseding Intervening Cause
Unforeseeable Intervening Cause that absolves Defendant of liability if both the act and injury are unforeseeable
Deprived Heart Murder
Reckless or grossly negligent conduct that creates an extreme risk to others and demonstrates a wanton indifference to human life
Majority Rule: Co-Felon Liability
Agency/In furtherance approach = a co-conspirator is liable for all killings by co-felons
Imperfect Self Defense
Used as partial defense to murder when Defendant is not entitled to the complete defense b/c of an honest but unreasonable mistake as to the necessity of D’s actions
Valid Defense to Battery
1) Valid Consent
2) Self Defense/Defense of Others
3) Necessity
Factual Impossibility
Occurs when Defendant is unable to complete a crime but if the facts had been what Defendant supposed them to be, the act would have been a crime (never a valid defense to attempt)
Wharton’s Rule
If the target offense requires 2 or more people than a conspiracy charge cannot be brought.
Exception: If there are more people than necessary to complete the crime then a conspiracy charge can be brought
Under the MPC, withdrawal is a defense to accomplice liability if the accomplice:
1) Renders his prior assistance to the perpetrator completely ineffective OR
2) Provides the police with a timely warning of the perpetrator’s plan or makes a substantial and proper effort to prevent the perpetrator from committing the crime
Mistake Of Fact
Is a valid defense only if the mistake prevented Defendant from having the requisite mens rea for the crime
A juvenile cannot be sentenced to:
Life without parole for non-homicide offenses
There is no attempt to commit a crime where the state of mind is negligence
Corporations do NOT have a 5th Amendment Right
Third Party Doctrine
A person who freely shares info with a 3rd party has no reasonable expectation of privacy (Ex. Bank, Phone Companies, etc.)
Exception: Cell Phone Data Tracking
Warrant
Based on probable cause and describes with particularity the thing to be seized and issued by a neutral/detached magistrate
Probable Cause exists when:
1) The person in question has committed a crime OR
2) Specific Items relate to criminal activity can be found at that particular location
Informant tip is sufficiently reliable when:
1) Credibility of Info
2) Reliability of Informant
3) Corroboration by police
4) Informant’s declaration of interest
Warrantless Blood Test on drunk drivers are permissible only if:
1) Blood Alcohol content is dissipating AND
2) Some other factors pressing health, safety, and law enforcement needs
MPC Test for Insanity
Combines M’Naughten Test and Irresisible Impulse Test (more modernized) and occurs when the defendant is insane if she lacked either the requisite cognitive ability or requisite behavioral ability
Perjury
Specific Intent Crime
Defense = Defendant did not know his statement was false
When a Defendant testifies @ a suppression hearing in order to establish standing, his testimony cannot be admitted against him at trial
STILA (Search Incident to a lawful arrest): Police can search an arrestee’s vehicle if:
1) Arrestee has access to the vehicle compartments
2) Reasonable belief arrestee may destroy evidence or pose a danger to officers AND
3) Reasonable belief that the vehicle contains evidence of a crime
5th Amendment Privilege does not apply if:
1) Witness was granted immunity
2) Privilege is waived OR
3) Incrimination is impossible
Testimonial/Use Immunity
Protects witnesses from their testimony being used against them in a future proceeding
Exception = Does not apply to future prosecutions if it is for perjury or failing to comply to the order
Derivative Use Immunity
Prohibits police from using evidence derived from the witness’s testimony against him in a criminal proceeding
In order for evidence to be admissible in a future trial, the police must prove it was derived from a source wholly independent of the testimony
Violation of the “Knock And Announce” Rule
Does not justify excluding evidence related to the violation of this rule (Exclusionary Rule)
Suspect is speaking to an undercover officer/confidential informant; is admissible if Miranda warnings are not read because a deliberate elicitation is allowed in the context of confidential informants
Statements taken in violation of Miranda Rights is admissible to be used to impeach Defendant if he takes the stand
Pre-trial Identification Procedures violate due process if Defendant can show:
1) Police intentionally made the ID unnecessarily suggestive AND
2) ID produced an irreparable misidentification that is unreliable
No Right to Counsel @ a grand jury proceeding
Double Jeopardy does NOT apply to grand jury proceedings
D is not guaranteed the right to an in-person confrontation if:
1) There is an important public policy reason for excluding Defendant from the courtroom AND
2) Reliability of testimony is otherwise assured
Defendant can prove affirmative defenses either by clear/convincing evidence or by preponderance of evidence
Prosecution bears the burden of proving an alibi
Writ Of Habeas Corpus
A person can challenge the lawfulness of their detention
Civil Challenge; No right to counsel
Bench Trial
Double Jeopardy attaches when a jury is sworn in
Jury Trial
Double Jeopardy attaches when the jury is sworn in
Aerial Surveillance of Defendant’s Property with a plane or helicopter; surveillance must be greater than __ feet
400
Checkpoint: To obtain information about a crime:
1) Checkpoint’s primary purpose is to help law enforcement investigate a crime and advance public concern
2) Cars are stopped in a neutral manner AND
3) Checkpoint minimally interferes with 4th Amendment Rights
Exclusionary Rule does NOT apply to:
1) Grand Jury Proceedings
2) Civil Proceedings
3) Administrative Proceedings
4) Sentencing, bail, and parole hearing
Illegal Evidence can be used to impeach a Defendant at trial
Government CANNOT compel production of testimonial evidence like a journal
A Defendant waives his 5th Amendment privilege when he takes the stand
Transactional Immunity
“Blanket Immunity” protects witness from future prosecution for all crimes related to his testimony
Grand Jury; Double Jeopardy
Does not apply; failure for one grand jury to issue an indictment does NOT preclude another jury from issuing an indictment for the same crime later on
Actions that a grand jury can take pursuant to its investigatory powers:
1) Subpoena witnesses
2) Subpoena Documents
Prosecution is required to disclose:
Material evidence that is exculpatory for the defense (including evidence that would impeach a prosecution witness) that is known to the prosecution or police
Confrontation Clause only applies to witnesses that are offering testimonial evidence
Testimonial Hearsay does NOT violate the Confrontation Clause if the Defendant has an opportunity to cross examine the declarant at a previous trial and the declarant is not available
A person acts knowingly with respect to the nature of his conduct when he is aware that certain circumstances exist
False Pretenses requires:
Specific Intent to defraud another by obtaining title to the property of another by an intentional false statement of past or existing fact
Due Process requires a state to prove a crime beyond a reasonable doubt in criminal cases (the Defendant does not have the burden)
The Judge has the constitutional obligation to raise the issue of competency
Consent is valid where a parent has general access to a room occupied by a son/daughter (even if son/daughter is an adult)
Continuing Trespass Doctrine
if a Defendant takes property with a wrongful state of mind but with an intent to steal and later while still in possession, forms the intent to steal it, the trespass involved in the initial wrongful taking is “continuing” and the Defendant is guilty of larceny
Mere knowledge that a crime would result from aid is insufficient to charge a person as an accomplice
If police have probable cause to arrest a person discovered on a premises, they may search him incident to a lawful arrest
