Exam 2 Missed Qs Flashcards
Due process requires that the prosecution prove every element of a criminal offense..
IE in rape case, with defense of consent
Beyond a reasonable doubt to convict a D - even when the D asserts a defense that negates an element of the crime.
The burden remains on the prosecution to prove the element of the crime, it cant be placed on the D.
Rape case, where the D alleges the defense of consent, The judge must instruct the jury that the prosecution must prove beyond a reasonable doubt that the victim did not consent.
An unreasonable search thtat violates the 4th amendment occurs when the gov.
- physically intrudes upon a constitutionally protected area to obtain info.
OR - invades a person’s subjective and objectively reasonable expectation of privacy.
But when police search a 3rd parties premises, a D has no standing to challenge that search. IE going into neighbors yard to look into D’s house is allowed.
The 5th amendment double jeopardy clause protects criminal D’s from undue gov. harassment by prohibiting:
- multiple punishments for the same offense
AND - a second prosecution for the same offense after a conviction or acquittal:
Same offense when:
both crimes have identical elements
OR
every element of one crime is also an element of the other crime.
Specific Intent Crimes: AMBIT
Assualt, Murder, Burglary, Inchocate crimes (soliciation, conspiracy, attempt), Theft crimes.
Voluntary intoxication is a defense to
Specific intent crimes if it prevented the D from forming the required intent.
At common law and most jdx this is follwed.
criminal battery elements
The unlawful application of force to the victims person that causes bodily harm or constitutes an offensive touching.
Battery is a general intent crime.
Is larceny a specific or general intent crime?
It is a theft offense so it is a specific intent crime.
There for borrowing property with the ability to return it is not considered larceny.
Mistake of fact is never a defense to a strict liability crime, including stat. rape. T/F?
True
A D’s reasonable mistake as to the victims age will NOT serve as a defense to stat. rape.
