Criminal Procedure/Criminal Law

Question 1

Supreme Court will not disturb guilty pleas after ______ .

Answer 1

sentencing

Question 2

Unconstitutional to use peremptory challenges to exclude jurors on the basis of ______ or ______ .

Answer 2

race, gender

Question 3

Miranda warning is not required to admit a ___________ .

Answer 3

spontaneous statement

Question 4

If cops have ________ and _______, then they must give a Miranda warning

Answer 4

custody, interrogation

Question 5

Where someone has been the victim of an illegal search or a coerced statement, the remedy is _________ .

Answer 5

exclude evidence from criminal proceeding

Question 6

If evidence was gathered in violation of Miranda, then it is only available to impeach the D, if

Answer 6

he goes on the witness stand

Question 7

Fruit of poisonous tree rule

Answer 7

Exclude all evidence derived from an initial illegal search

Question 8

Arrest

Answer 8

Police take person into custody against their will for the purpose of criminal prosecution or interrogation

Question 9

______ is not required for an arrest in public, but is required for a D’s arrest in their own home.

Answer 9

Warrant

Question 10

There is no expectation of privacy for ________ .

Answer 10

Anything held out to the public

Question 11

Name six exceptions to warrant requirement. CHAPIS

Answer 11

Lawful arrest, consent, plain view, automobile exception, stop and frisk and hot pursuit

Question 12

For the automobile exception to apply, the police need ________ to search the automobile.

Answer 12

probable cause

Question 13

Frisk can only be executed when ________

Answer 13

Cop has reasonable belief that person has a weapon

Question 14

Is a routine traffic stop considered custodial and therefore necessary to give someone their miranda warning.

Answer 14

no

Question 15

Merger. ________ and _______ always merge into the completed crime, but _______ never merges.

Answer 15

solicitation, attempt, conspiracy

Question 16

_________ or _______ actions are considered involuntary.

Answer 16

reflexive, convulsive

Question 17

Specific intent crimes permit these two defenses _______ and ______ .

Answer 17

voluntary intoxication, unreasonable mistake of fact

Question 18

Malice is necessary for what two CL crimes.

Answer 18

murder, arson

Question 19

General intent crimes.

Answer 19

battery, rape, involuntary manslaughter, murder

Question 20

Accomplice liability means a person must _________ the crime. CACE

Answer 20

commit, aid, counsel, encourage the commission of the crime

Question 21

Withdrawal. Attempt to _______ is required if participation went beyond mere encouragement.

Answer 21

neutralize

Question 22

What are defenses to solicitation?

Answer 22

There are no defenses

Question 23

If all co-conspirators have been acquitted, then D _______.

Answer 23

must be acquitted as well.

Question 24

MPC allows for one person to be guilty for this crime, where CL did not.

Answer 24

conspiracy.

Question 25

MNaughten Test

Answer 25

D was unable to understand the nature and quality of his actions.

Question 26

Durham Test/New Hampshire Test

Answer 26

D’s conduct was the product of mental disease or defect

Question 27

MPC test

Answer 27

D lacked ability to appreciate criminality of conduct or conform his conduct to requirement of the law

Question 28

Mistake of law

Answer 28

ignorance of the law is never a defense

Question 29

Defense to general intent crime

Answer 29

reasonable mistake only

Question 30

4 types of murder at CL

Answer 30

intent to kill, intent to inflict great bodily injury, reckless indifference to unjustifiably high risk to human life, intent to commit a felony

Question 31

voluntary manslaughter

Answer 31

killing with adequate provocation

Question 32

involuntary manslaughter

Answer 32

criminal negligence

Question 33

embezzlement

Answer 33

fraudulent conversion of another’s property by a person in lawful possession of that property