World Flashcards
undercover cop is invited into the house but has to move paper around to see the evidence of a crime
Under the plain view doctrine, police can seize an item without a warrant during a reasonable search when (1) the item is in plain view, (2) it is immediately recognizable as contraband, and (3) police are lawfully in the area (eg, with consent). But an item is not in plain view if police must move other items to uncover it.
Student buys drugs from an undercover cop
When a crime requires at least two participants but the criminal statute only imposes liability on one participant, all other participants are exempt from accomplice liability.
Driver intentionally didn’t fix his hitch even though he knew it was dangerous. Hitch broke off. Use MPC.
Under the Model Penal Code, when a statute fails to include a requisite mental state, the prosecution must prove that the defendant acted at least recklessly to obtain a conviction.
state Jury of 6 people convicted a guy 5-1.
The Sixth Amendment right to a jury trial entitles criminal defendants who could be sentenced to more than six months in prison to a jury composed of at least six members. The defendant can then be convicted only by a unanimous jury verdict.
first grand jury does not indict so prosecutor brings it to another grand jury and then they do.
The Fifth Amendment double jeopardy protections attach when a jury has been impaneled and sworn OR a judge has begun to hear evidence—not at preliminary hearings or grand jury proceedings.
Wife is suffering from terminal illness. Husband doesn’t want to kill her, but eventually he gives in.
Consent is only a defense when it negates an element of the charged crime. Since consent does not negate an element of any degree of criminal homicide, it is not a valid defense. Additionally, the victim’s terminal illness does not absolve a defendant of criminal homicide.
Guy is watching other guys house and throws a party. Partier steals some of the guy’s rings.
Trespass is the unlawful entry of a structure—ie, an entry without legal necessity or permission. Trespass rises to burglary if the person enters the structure with the intent to commit any crime therein. And larceny is the unlawful taking and carrying away of another’s personal property with the intent to permanently deprive the owner thereof.
Guy is arrested for burglary, invokes Miranda, and then is convicted. years later he is question about a murder and waivers miranda. wants to get murder answers inadmissible.
When a suspect invokes his/her Miranda right to counsel, all police interrogation must stop until (1) the suspect’s attorney is present, (2) the suspect voluntarily reinitiates the questioning, or (3) fourteen days have passed since the suspect was released from custody or free of coercive pressures associated with police custody.
Guy shot figure skater in the leg hoping to keep her out of a competition.
A person who did not intentionally kill another may still be guilty of common law murder if he/she acted with (1) the intent to cause serious physical injury, (2) a reckless disregard of an obvious or high risk to human life, or (3) the intent to commit an inherently dangerous felony.
Guy and his girlfriend have their 4th amendment rights broken, want to discharge the indictment.
An illegal Fourth Amendment arrest is not a valid basis to dismiss an indictment, but evidence obtained from an illegal arrest can be suppressed at trial.
