MEE - Crim/Crim Pro

Question 1

A search or seizure must be reasonable to be valid under the ___-

Answer 1

4A

Question 2

Under the exclusionary rule, evidence obtained in violation of 4A is

Answer 2

inadmissible

Question 3

a police may stop a car if they have ___ to believe that a traffic violation was committed. Doesn’t matter if the traffic violation pretext has underlying alterior motive

Answer 3

probable cause

Question 4

Police may seize an item in plain view from a place they are legally allowed to be if the officer has immediate _____ to believe the item is contraband or evidence, instrumentalities, or fruits of a crime

Answer 4

probable cause

Question 5

the officer had a right to be next to the car because the stop was ____

Answer 5

valid

Question 6

the officer had PC to belive the bag contained cocaine because of its look, suspect’s rep as a drug dealer, and suspect’s answer to the question “are those your drugs” – “no that cocaine isn’t mind”

This establishes ____

Answer 6

probable cause

Question 7

With probable cause, under the automobile exception, an officer may search an automobiel without a ____

Answer 7

warrant

Question 8

The supreme court requires police to issue ______ warnings before conducting police interrogation

Answer 8

Miranda

Question 9

any statement intended to elicit an incriminating response is an ____

Answer 9

interrogation

Question 10

a person is in custody if freedom of action is ____

Answer 10

significantly restircted

Question 11

Under the fruit of the poisinous tree doctrine, evidence derived from unconstitutionally seized evidence generally is ____

Answer 11

excluded

Question 12

at issue is whether Adam has the mens rea for ____

Answer 12

involuntary manslaughter

Question 13

a person commits involiuntary manslaughter when he causes a death by ___-

Answer 13

criminal negligence

Question 14

A person has the mens rea of criminal negligence when he (i) fails to be aware of a ______, and (ii) this failuer constitutes a deviation from the standard of care that a reasonable person would have exercised in the same situation

Answer 14

substantial and unjustifiable risk

Question 15

Some states use a ____ standard for involuntary manslaughter and requrie that the person consciously disregard a substantial and unjustifiable risk

Answer 15

recklessness

Question 16

adam dropped several hundred marbles in front of two stop signs at the intersection

Question 17

adam told Bob that the cars would “slip on the marbles and they won’t be able to stop at stop sign”

this shows that Adam was AWARE of the _____ risk that cars might slip on the marbles and crash

Answer 17

substantial and unjustifiable risk

Adam must have also been aware that car crashes frequetnly result in injuries and death

Question 18

adam had the mens rea of recklessness b/c he was ____ that his conduct created a substantial and ______ risk of death or serious bodily injury and he consciously ____ that risk

Answer 18

aware

unjustifiable

disregarded

Question 19

Adam acted with criminal negligence because a reasonable person would have been aware that causing cars to slip at an intersection would create a substantial and injustifible risk of ____

Answer 19

sereious injury or death caused by car crashes

Therefore a jury could conclude that Adam acted with recklessness or criminal negligence

Question 20

At issue is the mens rea for second degree murder and when an intervening act will relieve a defendant from criminal liability

Answer 20

__

Question 21

in this jurisdiction, second degree murder is a killing done with a reckless indifference to an unjustifiably high risk to human life (or with the intent to ______, intent to inflict great bodily injury, or with the intent to kill without premeditation or deliberation)

Answer 21

commit a felony

Question 22

Defendant exhibited a _____ to an unjustifiably high risk to human life by pointing and shooting a rifle at a target just behind friend, given the high risk that Friend would likely be killed by such an act

Answer 22

reckless indifference

Question 23

The defendant’s act must be the _____ and the proximate cause of the victim’s death

A “but for text” is applied

Answer 23

cause in fact

Question 24

The defendant proximately causes the victim’s death when the death is a ____consequence of the defendatn’s conduct, even if he does not anticipate the precise manner in which the death occurs

Answer 24

natural and probable

Question 25

An intervening act will shield the defendant from criminal liability when the intervening act is mere _____ or ____

The intervening act will then be deemed to be the actual,____ of the victim’s death

Answer 25

coincidence
unforeseeable

proximate cause

Question 26

Here, ___ the D’s unlawful act of shooting the friend, there would have been no need to attempt to rush Friend to hospital, during which attempt Friend was further injured

Answer 26

but for

Question 27

It is also ______that one would get into an accident while rushing another to the hospital for life saving care

Answer 27

foreseeable

Question 28

The accident did nto appear to occur in an_____ manner

Answer 28

unusual

Question 29

the D’s act was the but-for and the ____ cause of the friend’s death

Answer 29

proximate

Question 30

voluntary manslaughter is the intentional killing of a human being without ________ committed in the _____ of passion due to _____

Answer 30

malice aforethought
heat
adequate provocation

Question 31

involuntary manslaughter is when the D causes the death of another human being by engaging in conduct that creates an ________ risk of death or serious bodily injury

the MAJORITY view is that the D must have acted “ “. The minority view is some states “ “ is enough

Answer 31

unreasonably

recklessly

gross negligence

Question 32

To prove attempt, the prosecution must prove TWO element
(1) the D _____ to commit the crime, and (2) the D’s acts went sufficiently beyond _______ to commit the crime

Common law = “dangerously close” to the crime (CDC), whereas MPC requires that D’s conduct be a “____”

In most states, abandonment is NOT a defense

Answer 32

intended
mere preparation

substantial step (MPC - SS)