Criminal Law & Procedure (July 2009)

Question 1

What does the Fourth Amendment protect against?

Answer 1

protects a person from Unlawful searches and seizures

Question 1

What must a person have to challenge a search or seizure?

Answer 1

Standing

Question 2

What is required for a challenger to have standing?

Answer 2

A reasonable expectation of privacy regarding the place searched or the item seized

Question 3

What is the definition of robbery?

Answer 3

o Trespassory taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property
o In their presence
o By the use of force or threat of immediate physical harm
o Involving a dangerous weapon (aggravated)

Question 4

When can a court grant a judgment of acquittal?

Answer 4

When the prosecution has failed to present evidence sufficient to prove each element of the charged crime beyond a reasonable doubt.

Question 5

What are the two requirements for an attempt to commit a crime?

Answer 5

• Specific intent to commit the crime
• Steps taken toward the crime that go beyond mere preparation

Question 6

What does the model penal code require for an attempt?

Answer 6

A substantial step be taken toward achieving the crime

Question 7

What do the minority of states require for an attempt?

Answer 7

An overt act that is proximate or dangerously proximate to the crime

Question 8

What is the majority rule regarding the defense of abandonment?

Answer 8

No defense of abandonment after the accused has taken steps beyond mere preparation.

**If the accused has gone far enough to constitute an attempt, then the dense of abandonment no longer applies

Question 9

Under the minority rule, when can an accused raise an abandonment defense?

Answer 9

If the accused voluntarily and completely abandoned the crime prior to its completion