Flash Cards for Bar Courses - Crim Law & Pro

Question 1

Murder

Answer 1

CL: Killing of a human w/ malice aforethought
1) Intent to kill (poisoning your victim)

2) Intent to inflict serious bodily injury (extends to when D did not specifically intend to kill the victim)

3) Intent to commit a dangerous felony (Felony Murder): Unintentional killing that results from the commission of a dangerous felony – all of the participants to the felony murder can be held guilty – underlying felony has to be dangerous – BARRK – Burglary, Arson, Robbery, Rape, Kidnapping

4) Depraved Heart Murder – unintentional killing that results from D’s reckless conduct - reckless indifference to an unjustifiably high risk to human life

Question 2

Manslaughter

Answer 2

Voluntary Manslaughter – Intentional killing in the heat of passion(Anger – but cannot be words) where D acts with adequate provocation

Involuntary Manslaughter – unintentional killing that results from the D’s criminally negligent conduct

Misdemeanor Manslaughter – at CL the crimes of assualt and Battery and the death as a result of this causes the victim’s death.

Question 3

Battery

Answer 3

CL: Harmful or offensive contact with the person of another

Question 4

Self Defense

Answer 4

Person can use reasonable force in self defense when threatend with bodily injury or harm

Deadly force: when she is threatened with imminent serious bodily injury or death

Question 5

Agency Theory

Answer 5

Felon only liable for the their killings or the killings caused by felon’s accomplices

Question 6

M’Naghten Rule

Answer 6

1) a disease of the mind

2) caused a defect of reason

3) which left the defendant at the time of his actions lacking the ability to either:
-a) know the wrongfulness of his actions, or
-b) understand the nature and quality of his actions

Question 7

Larceny

Answer 7

CL: The trespassary taking (w/o consent) with the carrying away the personal property of another with the specific intent to steal.

Question 8

Larceny by Trick

Answer 8

CL: Victim consents to the D taking possession of the property but that consent is induced by a misrepresentation or deceit

Question 9

Embezzlement

Answer 9

Missapropariton of property by one who is in rightful possession of it (Often a trustee)

Question 10

Accomplice

Answer 10

Is one who with the intent that the crime be committed aids or encourages the principal before or during the commission of the crime

Mere knowledge that a crime may result from the sale of a good in the ordinary course for ordinary price does not amount to accomplice liability.

Question 11

False Pretenses

Answer 11

When D obtains title to the property by means of lies, deciet or false statements.

Cash transferred w/o any limitations is an intent to convey title.

Question 12

Arson

Answer 12

CL: the malicious of the dwelling house of another. Malicious here is the intent of the burning or reckless disregard for whether it would result.

Question 13

Attempt

Answer 13

CL: requires (1) specific intent to commit the target offense (2) and an Overt Act in furtherance of that intent – a substantial step in furtherance of that intent

Doctrine of transfer of intent does NOT APPLY to Attempt

Question 14

Burgalary

Answer 14

CL: the breaking and entering into the dwelling house of another at night with the specific intent to commit a larceny or felony therein.

Question 15

Voluntary Intoxication

Answer 15

Is a defense to a specific intent crime

Exception: if you have the intent and then drink to build up the nerve, then you do not have the defense of voluntary intoxication.

Question 16

Specific Intent

Answer 16

Crime that requires not only the act, but with a specific intent to engage in the specific conduct.

Question 17

Conspiracy

Answer 17

CL; each person that took part in the planning of the crime is liable for the crime of conspiracy.

(1) agreement
(2)intent to enter into the agreement
(3)intenet by at least 2 persons to achieve the objective of the agreement

Most states require an OVERT ACT but mere preparation will suffice
OVERT ACT: any act in furtherance of the conspiracy

Question 18

Withdrawal from a crime (renunciation)

Answer 18

works as a defense as long as the conspirator effectively communicates his withdrawal to his co-conspirators (gets him off the hook for crimes after, but but not for conspiracy.)

Question 19

Duress

Answer 19

A valid defense except for the defense to murder.

Question 20

Grand Jury

Answer 20

Exclusionary rule does not apply to grand jury hearings

Question 21

Standing - Reasonable expectation of privacy

Answer 21

To have a 4th Amendment right to the place searched or item seized or show that there was a physical intrusion into a constitutionally protected area.

Being a passenger of a car does not mean that you have an expectation of privacy in the car.

Person has expectation to privacy at (Totality of the circumstances will be viewed):
-place person owns or had right to possession
-their home, whether or not owned
-place where the person is an overnight guest

NO PRIVACY TO THINGS HELD OUT TO THE PUBLIC
-ur voice
-style of ur handwriting
-paint on the outside of ur car
-account records held by a bank
-location of ur car on a public st or highway
-anythig seen across an open field
-public airspace (can be seen from air)
-Odors fromn ur luggage
-garbage on the curb for collection

Question 22

Stop & Frisk

Answer 22

Police have the authority to detain the D for investigative purposes w/o probable cause but to arrest has to be on probable cause.

Question 23

Open Fields Doctrine

Answer 23

Anything outside the curtilage (the surroundings of your home) is not private and is held out publically.

Question 24

Search by school officials of a public school

Answer 24

Reasonable grounds are sufficient for search and Seizure

Question 25

4th amend search

Answer 25

1) Govt conduct?
2) standing
3)Valid Warrant?
4)exceptions to warrant req.

Question 26

Miranda

Answer 26

Requires custodial interrogation
(1) be in custody (Only if detainee knows taht they are being interrogated by govt. agents) - freedom of movement test and wheter the environment is the same pressures as the type of station house questioning in miranda. (more like an arrest, the more likely the detainee is in custody)
(2) subject to interrogation – any conduct by police that they should likely know to elicit an incriminating response

-Detainee can do nothing
-Waive ritghts
-invoke riught to remain silent (police must honor this req., but can police can re0question after a signiificant amt ot time after re-mirandaizing and questioning abt a crim not the subject of earlier questioning.

No miranda needed for PUBLIC SAFETY EXCEPTION

Question 27

Remaining Silent Under Miranda

Answer 27

If you have been given the Miranda warnings, you have the right to remain silent. You do not have a duty to affirmatively invoke the right to remain silent.

Question 28

Post charge lineup and right to attorney

Answer 28

A postcharge lineup is a critical stage of prosecution at which time D has a 6th amendment right to counsel. Right to counsel attaches as soon as the accused is within sight of the identification witnesses

Question 29

Legal Duty to act

Answer 29

If there is (1) a legal duty; (2) D has knowledge of the facts giving rise to the duty to act; ANd (3) is is reasonably possible to perrform the duty

There is a legal duty when:
- by statute
-by contract
- relationship between the parties
-voluntary assumption of care
-D created the peril for the victim

Question 30

Specific Intent Crimes

Answer 30

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

-Solicitation
-Conspiracy
-Attempt
-First Degree Premeditated Murder
-Assault
-Larceny
-Embezzlement
-False Pretenses
-Robbery
-Burglary
-Forgery

Question 31

Strict Liability

Answer 31

D can be found guilty from the mere fact that they committed the act.

Question 32

MPC Intent

Answer 32

-Purposely- person acts with their conscious object
-Knowingly- D was aware that their conduct would cause certain consequences
-Recklessly - Gross deviation from the standard of care
-Negligence - fail to be aware of a substantial and unjustifiable risk

Purpose, know, and Reckless are subjectiuve and Neglifgence is objective

Question 33

Transferred Intent

Answer 33

D can be liable when they intend to harm that is actually caused, but to a different victim or object.

Applies to homicide, battery, and arson

Question 34

Accomplice Liability

Answer 34

CL:
-Prin. 1st degree - actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so
-Prin 2nd Degree- aided, advised, or enccouraged the prin. AND were present at the crime
Access. b4 the fact- who asissted or encouraged but were NOT present
-Acc after the fact- who, with knowledge that teh otehr committed a felony, assited them to escape arreset or punishment.

Modern: abolished Prin. 1st degree, 2nd degree, and access. b4 the fact

Question 35

Withdrawal 4 accomp. liabiltty

Answer 35

MERE WITHDRAWAL IS NOT ENOUGH

Repudiate- if person encouraged the crimz

Attempt to neutralize the assistance-if person aided by providing assistance to the principal

Notfy the police- or taking other action to prevent the crim is also sifficient.

Question 36

Solicitation

Answer 36

Asking another to commit a crime w/ the intent that the person solicited commit the crime

Question 37

Statutorty classification of murder

Answer 37

1st Degree: Made the decision to kill in a corrl and dispassionate manner and actually reflected on the idea of killing, even for a brief period. (Intent or knowlege/felony murder)
2nd Decree: depraced heart- reckless disregard

Question 38

Homicide Causation

Answer 38

-But for the D’s conduct, would victim have died?
-D’s conduct is the proximate cuase of the result which is a naturral and probabler consequence

D’s conduct must have caused victims death within 1 yeart and 1 day

intervening acts sheilds D from liability if the act is a coincedence or is outside the forseeable sphere of risk created by D

Question 39

Battery

Answer 39

Unlawful application of force to another resulting in nodily injury or an offensive toughing, Need not be intentionalw and the force neeed not be directly applied.

Aggrevated battery is batter w/ deadly weapon, causing serious bodily harm, or battery of a child, woman, oe police officer.

Question 40

Assault

Answer 40

(1) attempt to commit a battery or
(2) the intentional creation of a reasonable apprehension in the mind of the. victim of imminent bodily harm

Aggrevated Assualt: w/ the use of a deadly weapon or (2) w/ intent to rape, maim, or murder

Question 41

False Imprisonment

Answer 41

unlawful confinement w/o person’s consent

Question 42

Kidnapping

Answer 42

some movement of the victim or concealment of the victim in a secret place

Aggrevated Kidnnapping: for purpose of commiting other crimes, for offensive purposes, child stealing

Question 43

Rape

Answer 43

unlawful carall knowlegde of a wiman by a man w/o her effective consent. The slightest penetration is sufficient

Question 44

Robbery

Answer 44

A taking of personal property from the other’s person or presence by force or threats of immediate death or phyiscla injury with intent ot permiunently deprive

Question 45

Irresistable impulse test

Answer 45

They were unable to control their actions or conform their conduct to the law

Question 46

Durham (New Hampshire Test)

Answer 46

Crime was the product of mental illness

Question 47

ALI or MPC test

Answer 47

D had mental disease and they lacked the substantial capacity to appreciate teh criminality or conform their conduct to the law

Question 48

Arrest

Answer 48

Must have probable cause

Question 49

Terry stops

Answer 49

Police have ability to briefly detian even w.o probable cause if they have reasonable suspciion of crim activity. If they have reasonable suspiciion that detainee is armed and dangerous, they may frisk for weapons.

Question 50

Auto Stops

Answer 50

Police can stop if they have reasonable suspiciion to believe that a law has been violated. They can seize passengers as well. Can order occumpants out. And if they believ that the detainees are armed, they can frisk for weapoons and search the passenger compartment for weapsons.

Question 51

Govt Conduct for 4th amend searchs

Answer 51

conductr by police, govt agents, or private individuals acting at the direction of the police

Question 52

Req for a valid warrant

Answer 52

Probable cause and particularity of the place to be searched and the items to be siezed

Have to knock and announce and cannot search persons found on premises not named in the warratn (can detain them)

Question 53

Exceptions to warrant req

Answer 53

1) Search incident to constitutional arrest- can search person’s wingspan, automobile (only passenger compartment) of an automile incident arrest if teh areseetee is unsecured and can still get to the iside of the car and police reasobnable beleive evidence for which the person was arressted will be in the car
2) Automobile Exception - if police have probable cause to believe a behcile contains evidnece of a crim, they may search the who vehcile and any container that might reasonably contain the item for which they had probable cause to swearch. CANNOT search if in the curtailage of suspects home. Probable cause arise after the vehicle is stopped but must be there b4 car is searched.
3) Plain view - must be immediately apparrant that the evidence is contraband
4) Consent - any person with an apparent equal right to use or occupy the property may conset to a search
5) Stop & Frisk - patdown of outer clothing and body to check for for weapons. Must be plain feel and then police can reach into the clothing to get the weapon or contraband
6)Hot pursuit, Evanescent evidence and emergency aid-

Question 54

Stages at which D has 6th Amend right to counsel

Answer 54

-Post-indictment charges
-Pre-liminary hearings to determine probable cause
-Arraignment
-post-charge line ups

Question 55

Exceptions to Exclusionary Rule

Answer 55

-obtained in violation of Miranda
-Evidence obtained from independant source of original illegality
-evidence for which tghe connectioon between the unconstitutional police conduct and the evidence is remote. (includes acts of free will on party of the D)
-Innevitabel discovery
-violations of the knowck and announce rule

NOT applicable to Grand Juries, Civil Proceedings, Violations of State Law,, Internal Agency Rules, and Parole revocation proceedings

Question 56

Double Jeopardy Clause (5th amendment)

Answer 56

protects a crim D from multiple prosecutions.

When a party is charged with multiple times for the same crime in question.

Different soverigns may charge for the same crime as long as the soverign has jurisdiction for the crime in question. (When a city is w/in the state – and both are prosecuting– you cannot gave concurrent jurisdiciton)