MEE Essentials: Crim + CCP

Question 1

Four basic elements of a crime

Answer 1

1) act (actus reus)
2) intent (mens rea)
3) causation (actual + proximate/foreseeable)
4) concurrence

Question 2

What does accomplice liability require

Answer 2

Accomplice liability: when party assists or encourages principal with intent to
1) assist primary party
2) intent that primary party commit charged offense

Question 3

Is a person liable for accomplice liability, underlying crime, or both?

Answer 3

ONLY underlying crime (through THEORY of accomplice liability)

Question 4

Rule statement of murder

Answer 4

To be guilty of murder, a person must have the mens rea of malice aforethought which is usually satisfied with intent to kill (first degree), knowledge that acts would kill (first degree), intent to commit great bodily harm (second degree), or reckless disregard of an extreme risk to human life (second degree).

Question 5

First degree murder

Answer 5

Requires PREMEDITATION and DELIBERATION

cool mind + some period of reflection

An instant is enough to reflect, circumstantial evidence (possession of weapon) can establish

Question 6

Second degree murder

Answer 6

Intent to inflict GREAT BODILY HARM or DEPRAVED HEART (reckless disregard for extreme risk to human life)

Depraved heart–should show high degree of INDIFFERENCE to VALUE of human life

Question 7

Felony murder

Answer 7

Killing that occurs during COMMISSION of felony, ATTEMPT at felony, or FLIGHT from felony

Felony must be INHERENTLY DANGEROUS but with a different purpose independent of homicide

Question 8

Voluntary manslaughter

Answer 8

intentional killing of another human being without malice aforethought in the heat of passion from what a reasonable person would believe to be adequate provocation

Question 9

Involuntary manslaughter/misdemeanor manslaughter

Answer 9

Unintentional killing through conduct that creates an UNREASONABLE RISK of death or serious bodily injury.

Usually requires recklessness, some states say “gross negligence”

Question 10

Attempt: MR and AR

Answer 10

AR: acts beyond mere preparation (CL-dangerously close or MPC-substantial step)
MR: intent to commit crime

Question 11

Is abandonment a defense to attempt

Answer 11

In most states, NO

Question 12

Duress defense

Answer 12

D committed crime because there was THREAT OR USE OF FORCE that caused him to suffer REASONABLE FEAR that he or third party would suffer IMMINENT DEATH OR SBI if he did not commit crime

Cannot be used as defense to intentional homicide

Question 13

M’naughten test

Answer 13

D must prove that he had a MENTAL DISEASE OR DEFECT that caused him to either not UNDERSTAND the nature of his acts or not appreciate their WRONGFUL nature

Question 14

Rule statement re 4A REAP

Answer 14

A person has standing to raise a Fourth Amendment challenge if he has a reasonable expectation of privacy in the thing searched or seized

Question 15

When and to whom does 4A apply

Answer 15

-government agents who usually need warrants

Question 16

4A exceptions

Answer 16

ESCAPES

Exigent circumstances
Stop and frisk
Consent
Automobile exception
Plain view
Evidence from administrative searches
Search incident to arrest

Question 17

Plain view rule statement

Answer 17

If officers are in a lawful position from which they view an object, if its incriminating character is immediately apparent, and officers have lawful right to access it, they may seize it without a warrant

Question 18

Terry rule statement

Answer 18

The Fourth Amendment permits temporary detention of an individual if police have REASONABLE ARTICULABLE SUSPICION that individual has been recently involved in a criminal activity.

Question 19

14A voluntariness of confession rule statement

Answer 19

The standard for excluding a confession under the Due Process Clause is 1) whether police subjected the suspect to COERCIVE CONDUCT and 2) whether the conduct was sufficient to OVERCOME THE WILL of the suspect. Neither the confession nor its fruits can be admitted if the Fourteenth Amendment is violated.

Question 20

Sixth Amendment right to counsel rule statement

Answer 20

The Sixth Amendment, as applied to states through the Fourteenth Amendment, provides that the accused has the right to have assistance of counsel for his defense

Question 21

when does 6A right to counsel attach

Answer 21

when JUDICIAL PROCEEDINGS have begun

Formal charges via indictment, arraignment, preliminary hearing, other CRITICAL STAGES

NOT at arrest

Question 22

What is 6A violation after attachment?

Answer 22

Once 6A right to counsel attaches, any attempts to DELIBERATELY ELICIT an incriminating statement about the offense that D was charged with, in absence of counsel OR a knowing/voluntary/intelligent waiver, violates 6A

Question 23

5A Miranda rule statement

Answer 23

Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subject to custodial interrogation

Question 24

Public safety Miranda exception

Answer 24

Miranda warnings are not required if the questions are INTENDED TO PROTECT PUBLIC SAFETY (e.g. secure weapons after shooting)

Question 25

Custody definition

Answer 25

A subject is in custody if there is a formal arrest, or a restraint on freedom of movement similar to formal arrest such that a reasonable person would not feel free to leave

Question 26

Interrogation definition

Answer 26

Any words or actions by law enforcement likely to elicit an incriminating response from the suspect

Question 27

Valid Miranda waiver rule statement

Answer 27

Suspect must make a KNOWING INTELLIGENT AND VOLUNTARY waiver

low bar

Question 28

Valid Miranda invocation rule statement

Answer 28

For both the right to remain silent and the right to counsel, the suspect must be explicit, unambiguous, and unequivocal in making the request

Question 29

What happens to statement + fruits if miranda violation?

Answer 29

Statements are EXCLUDED from prosecutor’s case-in-chief

BUT fruits are ADMISSIBLE if the statements made were VOLUNTARY