Criminal Law & Procedure - Adaptibar

Question 1

What does the Fifth Amendment protect?

Answer 1

It protects defendants against compelled self-incrimination.

Question 2

What are the prerequisites to the admissibility of any confession made during custodial interrogation?

Answer 2

Warnings given under Miranda, followed by a valid waiver of those rights.

Question 3

Whether a defendant is in custody is determined by examining:

Answer 3

1. whether a reasonable person under the circumstances would feel free to terminate the interrogation and leave; and
2. whether the environment offers “the same inherently coercive pressures” as were present at the station house in Miranda

Question 4

The interrogation requirement refers…

Answer 4

Not only to express questioning, but also to any words or actions on the part of the police that they should know are reasonably likely to elicit an incriminating response from the suspect.

Question 5

Is a “good” motive for murder a legally acceptable defense to a murder charge?

Answer 5

No.

Question 6

What is larceny?

Answer 6

Larceny is a specific intent crime and is defined as:

1. the taking (obtaining control or possession) and carrying away (the slightest movement is sufficient);
2. without consent (against the victim’s free will, which includes duress because duress negates consent); and
3. with the intent to permanently deprive the owner of the property (the specific intent to dispossess must exist during the taking)

Question 7

What is larceny by trick?

Answer 7

Obtaining possession of another’s personal property using false statements of past or existing fact.

Question 8

Theft by false pretenses

Answer 8

1. Obtaining title to another’s property (this requires obtaining ownership, not mere possession);
2. by the use of false statements of past or existing fact; with
3. the intent to defraud (victim must be deceived by the false statement and pass title to the defendant)

Question 9

What is embezzlement?

Answer 9

The fraudulent conversion of another’s personal property by one in lawful possession of that property at the time of conversion.

Question 10

What does fraudulent conversion mean?

Answer 10

That the defendant uses another’s property beyond the scope of the defendant’s right.

Question 11

May the police conduct a valid search or enter a home if they have voluntary consent

Answer 11

Yes.

Question 12

The validity of consent is based on…

Answer 12

the totality of the circumstances to determine whether it was freely given and not coerced

Question 13

What does it mean if a defendant acts “knowingly”?

Answer 13

He must have been aware that his conduct was of a particular nature, or at least know that his conduct will necessarily or very likely cause a particular result

Question 14

Can a defendant withdraw from a crime after she has already committed it?

Answer 14

NO!!!

Question 15

May an accomplice be convicted even if the principal is not convicted/charged?

Answer 15

Yes.

Question 16

Is there a duty to rescue a victim?

Answer 16

No, except in limited circumstances (such as when imposed by statute)

Question 17

Is mere presence during a crime, without more, enough to constitute aiding, abetting, or facilitating that crime?

Answer 17

No.

Question 18

Is urging a criminal perpetrator to flee the scene of a crime sufficient to constitute aiding, abetting, or facilitating the perpetrator’s commission of a crime?

Answer 18

No.

Question 19

To be convicted of attempt, must the defendant take a substantial step in furtherance of committing a crime?

Answer 19

Yes, beyond mere preparation.

Question 20

What does the Sixth Amendment provide?

Answer 20

It provides a criminal defendant with the right to counsel at all critical stages of prosecution following the beginning of formal proceedings.

Question 21

When is a defendant’s Sixth Amendment right to counsel violated?

Answer 21

When the prosecutor uses, as evidence, statements made by the defendant that were deliberately elicited from him after he had been indicted and in the absence of his counsel.

Question 21

When is a defendant’s Sixth Amendment right to counsel violated?

Answer 21

When the prosecutor uses, as evidence, statements made by the defendant that were deliberately elicited from him after he had been indicted and in the absence of his counsel.

Question 22

By placing an informant in a defendant’s cell to elicit information, does the prosecution violate the defendant’s Sixth Amendment Right to counsel?

Answer 22

Yes, because it is a situation likely to induce the defendant into making incriminating statements absent counsel

Question 23

What is trespass?

Answer 23

Entering the property of another without the owner’s permission.

Question 24

What is robbery?

Answer 24

The taking of the personal property of another, with the intent to permanently deprive the owner of it, by force or threat of force.

Question 25

Is robbery a specific intent crime?

Answer 25

Yes! Must have the specific intent to deprive.

Question 26

Can mistake negate a specific intent crime?

Answer 26

Yes.

Question 27

Describe the attorney-client privilege

Answer 27

It applies indefinitely, and extends not only to discussions between the attorney and the client, but also to any representatives of the attorney who are advised of confidential information at the direction of the attorney, including consultants and investigators.

Question 28

What does the attorney-client relationship require?

Answer 28

It requires that the relationship exists at the time of the communications.

Question 29

Who does the attorney-client privilege belong to?

Answer 29

To the client alone, and only he can waive it.

Question 30

Does the attorney-client privilege apply during grand jury proceedings?

Answer 30

YEs.

Question 31

The attorney-client privilege carries fewer exceptions than any other privilege and covers any communications between a client (or potential client) and the attorney or her representatives. TRUE OR FALSE?

Answer 31

True!

Question 32

At common law, the underlying felony in a prosecution for felony murder…

Answer 32

Must be sufficiently different from the facts and circumstances of the murder so as to not merge with the murder charge.

Question 33

Is manslaughter a lesser-included offense of murder?

Answer 33

Yes, and it has many, if not all, of the same elements as murder, and will merge into the murder offense if it is used as the underlying felony.

Question 34

Is manslaughter a proper underlying felony for prosecution for felony murder?

Answer 34

no.

Question 35

Is a motion to exclude illegally-obtained evidence premature during grand jury proceedings?

Answer 35

Yes.

Question 36

What can a grand jury do?

Answer 36

A grand jury can charge a criminal defendant by determining there is probable cause to prosecute by returning the bill of indictment.

Question 37

What may a grand jury base its indictment on?

Answer 37

It may base it on evidence that would not be admissible at trial. Costello v. United States, 350 U.S. 359 (1956).

Question 38

May a defendant have an indictment quashed on the grounds that is based upon illegally-obtained evidence?

Answer 38

No. Motions to suppress evidence based on the exclusionary rule are premature in grand jury proceedings.

Question 39

What is murder in the second degree?

Answer 39

Murder with malice aforethought, done without premeditation and deliberation. (reckless indifference to an unjustifiably risk to human life)