Review of MBE subjects -- crim & crim pro

Question 1

Embezzlement’s key difference from larceny

Answer 1

In embezzlement, D must have lawful possession of the property he misappropriates. (Possession = custody PLUS discretion.)

Question 2

False pretenses’ key difference from larceny by trick

Answer 2

In false pretenses, D must obtain TITLE to property; larceny by trick, you only get custody.

Question 3

Robbery’s key difference from extortion

Answer 3

Proximity of the threat: an immediate threat of force is robbery, a future threat of force is extortion

Question 4

The crime of forgery is completed when

Answer 4

the check/false writing is signed or made. Cashing it is false pretenses in ADDITION to forgery.

Question 5

To withdraw, an accomplice must

Answer 5

1. communicate withdrawal before crime, if all she did was encourage
2. neutralize or otherwise prevent crime from happening, if she actually helped

Question 6

When a corporate agent engages in criminal conduct, the agent AND the corporation may be criminally liable if

Answer 6

the agent is acting on behalf of corporation, within scope of his or her office.

Question 7

Under the Pinkerton rule, you are liable for any crimes

Answer 7

of a co-conspirator that were FORESEEABLE and in FURTHERANCE of the conspiracy.

Question 8

Can you withdraw from an inchoate offense?

Answer 8

Generally, no, although a withdrawing co-conspirator can avoid vicarious liability for the substantive crimes committed in furtherance of the conspiracy.

Question 9

Under the majority rule, retreat is

Answer 9

not required before using deadly force in self-defense. (Can “stand your ground.”)

Question 10

Nondeadly force can be used to prevent what kinds of crime?

Answer 10

Breaches of peace. Deadly force only to prevent felonies risking human life.

Question 11

Duress applies only if threat is from _________ and it does not apply in _______ cases.

Answer 11

another human; homicide

Question 12

Informants’ tips can be the basis of probable cause if

Answer 12

police can corroborate enough of the tipster’s information to allow magistrate to make a “common sense practical determination” that PC exists based on a totality of the circumstances.

Question 13

A warrant must specify

Answer 13

the place to be searched and the things to be seized.

Question 14

Constitutional defects in a warrant’s probable cause and particularity may be overcome by

Answer 14

an officer’s good faith, unless the warrant or affidavit is obviously terrible, magistrate was biased, or affidavit contains reckless or knowing lies.

Question 15

An officer executing a search warrant may detain

Answer 15

an occupant found within or immediately outside the residence at time of search.

Question 16

Exigent circumstances permits police

Answer 16

to conduct a search or seizure based on evanescent evidence (not including blood alcohol), hot pursuit of felon, or emergency aid.

Question 17

Suspicionless searches can be conducted in these

Answer 17

1. random drug tests – students in extracurricular activities, railroad employees, customs employees
2. border searches
3. parolees
4. sobriety checkpoints (NOT drug checkpoints)

Question 18

School searches are permissible to investigate ____ and must be _____

Answer 18

violations of school rules; reasonable at inception and not excessively intrusive given student’s age and sex, and nature of infraction.

Question 19

Unconstitutionally seized evidence is excluded only from

Answer 19

prosecutor’s case in chief. Can be used as impeachment.

Question 20

Three mistakes that don’t require exclusion are:

Answer 20

1. violation of knock and announce
2. a police error that is merely negligent
3. reasonable mistakes when executing a warrant

Question 21

Three doctrines that “purge the taint” of an unlawful search or seizure are:

Answer 21

1. independent source
2. inevitable discovery
3. attenuation

Question 22

6th A right to counsel is offense-specific, meaning

Answer 22

it provides for representation only for the charged crime, not for all other interrogation for uncharged criminal activity.

Question 23

Incriminating statements in violation of the 6th A must have been obtained

Answer 23

deliberately.

Question 24

Miranda warnings must be given when there’s

Answer 24

custody and interrogation.

Question 25

A Miranda waiver must be __________ to be valid.

Answer 25

Knowing and intelligent; voluntary

Question 26

Invocation of the right to remain silent must be

Answer 26

made unambiguously.

Question 27

Unlike the 6th A right to counsel, the right to counsel under Miranda

Answer 27

is not offense-specific, meaning questioning on ALL subjects must cease once suspect has requested an attorney.

Question 28

Failing to give a suspect Miranda warnings DOES/DOES NOT require suppression of physical fruits of the incriminating statements.

Answer 28

DOES NOT. (Different in MA.)

Question 29

Right to counsel exists under the _____ Amendment for the following pretrial identification proceedings: _____.

Answer 29

6th; line-ups and show-ups (not photo arrays). **Only after formal charging.

Question 30

When is a PC hearing unnecessary to justify pretrial detention?

Answer 30

If a grand jury has issued an indictment or if a magistrate has issued an arrest warrant.