Criminal Law/Procedure Rules

Question 1

Felony Arrest w/o Warrant (Private Citizen)

Answer 1

A felony arrest w/o a warrant by a private citizen acting at the officer’s direction is privileged if the officer has reasonable grounds to believe that a felony has been committed and that the person arrested has committed. Reasonable force will be okay here.

Question 2

Voluntary Intoxication

Answer 2

Historically seen as the equivalent of recklessness.

Question 3

TIP re. Burglary

Answer 3

When Burglary is concerned, make sure that if someone is entering into a property that it is a DWELLING. Meaning someone must live there. If it is not a dwelling, it will not satisfy the common law elements of robbery.

Question 4

Larceny

Answer 4

Taking and carrying away of the tangible property of another by trespass with the intent to permanently deprive the person of his interest in the property. **Note that the person must believe that they are stealing someone else’s property. It is not sufficient that they are taking back something that they believe to be there own.

Question 5

Double Jeopardy Clause

Answer 5

Under the double jeopardy clause, a D is free from double jeopardy for the same offense which precludes retrial for a greater offense once jeopardy has attached for a lesser included offense as well as multiple punishments for same offense.

Question 6

Limitation on Double Jeopardy

Answer 6

A state may continue to prosecute a charged offense, despite the D’s guilty plea for a lesser included or “allied” offense arising from the same incident. A guilty plea for the lesser offense has no implication on prosecuting for the greater one.