practice questions concepts Flashcards
Balancing the suggestiveness of the lineup procedure against the witness’s lack of certainty before the lineup, a court would likely _________ testimony regarding the lineup. (assuming that the witness lacked certainty).
exclude
T or F In order for a defendant to assert the necessity defense , he must not be at fault in bringing about the emergency situation that forces him to choose between the lesser of two harms.
True
T or F Miranda protects defendants against government coercion but goes no further than that.”
True
T or F the Supreme Court has held that a statement obtained in violation of the Sixth Amendment cannot be used for impeachment purposes at trial where the statement contradicts the defendant’s trial testimony.
false, it can be used for impeachment where the statement contradicts defendant’s trial testimony
Probable cause cannot be used in support of a warrant if the probable cause was
illegally obtained.
Describe the analysis for a Batson challenge.
(1) The party making the challenge must establish a prima facie case of discrimination;
(2) The party defending the strike must then state a race or gender neutral reason for making the strike; and
(3) The court must then determine whether the reasons stated are, in fact, race and gender neutral.
The Equal Protection Clause prohibits criminal defendants from exercising peremptory strikes in a manner that discriminates on the basis of?
race, gender, or other suspect characteristic.
It is not necessary to show that the overruling or sustaining of a Batson challenge allowed specific jurors to sit on the jury and that they affected the verdict before a conviction could be overturned. It is sufficient to show ?
It is sufficient to show that the jury’s equal protection rights and the defendant’s due process rights were violated by denying him his Sixth Amendment right to a jury trial.
The right to a jury attaches in any criminal proceeding where the defendant faces a potential sentence of longer than ?
6 months.
T or F If imprisonment is imposed, a defendant has a right to counsel.
Specifically, “Absent waiver, a defendant may not be imprisoned for any offense…unless
True
he was represented by counsel” [Argersinger v. Hamlin, 407 U.S. 25 (1972)]
T or F Generally, in order to properly execute a valid warrant where the officers will be entering a home, officers must knock and announce their presence before going into the house. However, if the officers have a reasonable belief that knocking will be futile, they are not required to take such action.
True
T or F A party who, with the requisite intent, aids, abets, or encourages the commission of a crime while at or near the scene of the crime is a principal in the second degree.
True
judgment for motion for judgment of acquittal can only be granted only if:
Acquittal only if insufficient evidence to prove defendant committed each element of crime beyond a reasonable doubt.
Evidence seized in violation of the Fourth Amendment cannot be used at a criminal proceeding. To challenge a search under the Fourth Amendment, one must have a reasonable expectation of privacy in the thing searched.
Explain the standing requirement in challenging evidence seized in violation of the 4th Amendment.
Only a victim of the search has standing to challenge a search under the 4th Amendment.
Even if someone else’s rights were violated, one cannot challenge the admission of evidence on those grounds.
A court looks for one’s legitimate expectation of privacy in the invaded place.
To prove robbery, the taking must be accomplished by
To prove robbery, the taking must be accomplished by force, intimidation, or threat of violence. The threat must put the victim in actual fear at the time of the taking.
. Attempt is an inchoate offense and is a specific intent crime. It requires
It requires a significant overt act in furtherance of that intent. Most courts apply a proximity test in time and look for a substantial act. Actual attempt must be beyond mere preparation and requires an overt act.
A person is privileged to use reasonable force to protect himself from unlawful bodily harm/injury. What is an exception to that rule?
if is a person is about to be attacked and knows that the attack is based on a mistake as to the person’s identity, the person is not privileged to await the attack and use force to defend himself if he has the time to correct the mistake and prevent the attack.
Does non-disclosure create liability for deceit?
No
Lost or mislaid property can be the subject of larceny if then person who finds it:
- intends to permanently deprive the owner of the property.
- and either knows or has reason to believe (from earmarkings on the property or from the circumstances of the finding) that she can find out the owner’s identity.
There is no requirement that a principal be found guilty prior to convicting someone as an _______.
accomplice
An accomplice severs liability for future crimes by withdrawal or abandonment by
giving no further assistance and
communicates the withdrawal to co-conspirators.
T or F, in order for a D to be found guilty of felony murder, the D must also be found guilty of the underlying felony. Otherwise, he cant be found guilty of felony murder.
True
Attempt is a _______ intent crime.
specific
criminal assault is caused by:
Attempting to commit a battery or
intentionally causing the victim to fear an immediate battery.
T or F, when a reasonable person would not expect imminent bodily harm, there is no assault
True
Define criminal battery
the intentional, reckless, or criminally negligent unlawful application of force to the person of the victim.
T or F for purposes of criminal battery, the D’s act of applying force may be direct or indirect. explain
True. when a D puts a force in motion, the force need not be applied directly by the D.
Any mistake of fact, reasonable or unreasonable is a defense to a ______ intent crime.
specific intent crime
A mistake of fact must be reasonable for a ______ intent crime.
general intent crime
If D obtains ________ without title through lies, his crime is larceny by trick, whereas for false pretenses, the D obtains _________ to the victim’s property.
possession- larceny by trick
title - false pretenses
general rule of criminal prosecution regarding lie detector tests
evidence as to whether D has been willing/unwilling to take a lie detector test is inadmissible
What is the majority rule for affirmative defenses
The D bears the burden of proof not the prosecutor for an affirmative defense. burden or proof is by preponderance of the evidence. eg. Insanity- burden of persuasion and production
T or F, IAW public policy considerations required disclosures: insufficient testimonials.
example
True
example: statute requiring a motorist involved in an accident to stop and provide his name and address did does not involve self incrimination from a constitutional sense.
