Final Review

Question 1

What are the specific intent crimes?

Answer 1

BFF CARL SAFE

• burglary
• forgery
• false pretenses
• conspiracy
• attempt
• robbery
• larceny
• solicitation
• assault
• first deg. premeditated murder
• embezzlement

Question 2

which crimes require malice? What is a malicious intent?

Answer 2

malice: reckless disregard of an obvious or high risk that the particular harmful result will occur

• CL murder
• arson

Question 3

general intent?

Answer 3

an awareness of all factors constituting the crime

Question 4

which type of intent can be inferred from just doing the act?

Answer 4

general intent

Question 5

MPC, purposely:

Answer 5

conscious object to engage in certain conduct or cause a certain result

Question 6

MPC, knowingly:

Answer 6

a D acts knowingly w respect to his conduct when he knows that his conduct will necessarily or very likely cause a particular result; also, deliberately avoiding learning the truth
- also/or: aware of his conduct is of a particular nature or that certain circumstances exist

Question 7

MPC, recklessly:

Answer 7

consciously disregards a substantial and unjustifiable risk that is a gross deviation from the SOC

Question 8

MPC, negligently:

Answer 8

failure to be aware of a substantial and unjustifiable risk

Question 9

false pretenses?

Answer 9

1. obtaining TITLE
2. to the PP of another
3. by an intentioanl false statement of past or existing fact
4. with intent to defaud the other

Question 10

larceny by trisk?

Answer 10

1. obtaining CUTODY
2. to the pp of another
3. by an intentional false statement
4. w/ intent to de3fraud the other

Question 11

CL murder?

Answer 11

unlawful killing of another with malice aforethought

Question 12

voluntary manslaughter?

Answer 12

killing that would be murder but for the existence of adequate provocation. provocation is only adequate if:

1. sudden and itense heat of passion as measured RP S
2. D was provoked
3. no cooling off period (not sufficient time and D DN in fact cool off)

Question 13

felony murder?

Answer 13

Any death caused in the commission of, or in an attempt to commit, a felony is murder.

Question 14

limitations on liability re felony murder?

Answer 14

1. D must have committed or attempted to commit the underlying felony; defense that negates an element of the underlying felony will also be a defense to felony murder
2. felony must be distinct from the killin gitself
3. death must have been a foreseeable result
4. once the D reaches temporary safety, subsequent deaths are N felony murder
5. not liable for felony murder when the death of a co-felon is caused by resistance from the felony victim or police

Question 15

requirements for a warrant

Answer 15

1. issued by neutral magistrate
2. specificity + particularity
3. showing of PC - supports belief that seizable evidence will be foundo n the person or premises

Question 16

exceptions to warrant requirement?

Answer 16

1. search incident to arrest
2. automobile exception
3. plain view
4. consent
5. stop and frisk
6. hot pursuit/exigent circumstances

Question 17

does voluntary intoxication negate the intent req’d for recklesness, i.e. murder?

Answer 17

no, it does not (intent to kill - one variation is recklessness)

Question 18

if 2 people decide to rob a store, and one is lookout, and the other is shot by the store clerk, is the other one guilty of felony murder?

Answer 18

no, not responsible for the death of the co-felon in this situation b/c it falls under the “resistance” prong – the victim in this case was resisting

Question 19

if an undercover cop gets defendant to agree to do a crime and eneter into a conspiracy with them, is that defendant guilty of conspiracy?

Answer 19

no, b/c there is no agreement – cop does not qualify as one of the two actually “guilty minds”

Question 20

if a cop has a warrant to search a place, and the warrant doens’t name anybody specifically,a nd the cop starts searching everyone at the place simply b/c they’re there, is that lawful?

Answer 20

no, search warrant does not authorize the police to search persons found on the premises who are not named in the warrant. In Ybarra v. Illinois (1979), a case based on similar facts, the Supreme Court held that “each patron of the tavern had an individual right to be free of unreasonable searches, and presence at a location subject to search does not negate the requirement of probable cause to search the person present.”

Question 21

when a cop stops a defendant in a car, is that defendant now subject to custodial interrogation?

Answer 21

no, not for miranda purposes, there is no custodial interrogation at this phase

Question 22

if a defendant asks for an atty, and it’s not given, and some times goes by, and no atty, and questioning resumes by police, is that info gathered admissible, even if miranda warnings are given?

Answer 22

The court should sustain the objection because the police did not honor the woman’s request for an attorney. At any time prior to or during a custodial interrogation, the accused may invoke a Miranda (Fifth Amendment) right to counsel. If the accused invokes this right, all questioning must cease until the accused is provided with an attorney or initiates further questioning himself. Thus, the police questioning of the woman about the robbery was improper, and she can have her statements excluded.