Crim Law MEE Rules

Question 1

Causation requires a showing that…

Answer 1

D’s acts were both the actual and proximate cause of the injury.

Question 2

Proximate cause

Answer 2

P’s injury was a foreseeable outcome of D’s conduct.

Question 3

Actual cause

Answer 3

“But for” D’s conduct, P’s injury would not have occurred.

Question 4

Accomplice requirements

Answer 4

(1) intent to assist the principle and intent for the principle to commit the crime, (2) act of aiding, counseling, or encouraging principle in commission of the crime.

Question 5

Receipt of stolen property

Answer 5

Receiving possession and control of stolen personal prop. known to have been stolen by another with intent to permanently deprive owner.

Question 6

Burglary

Answer 6

(1) Breaking and entering the dwelling of another, (2) with intent to commit a felony therein.

Question 7

Arson

Answer 7

Malicious burning of the dwelling of another. Must actually be damage to structure.

Question 8

Fruit of the Poisonous Tree

Answer 8

Prohibits intro of evidence obtained in violation of the 4th, 5th, an 6th Amendments.

Question 9

Exceptions to Fruit of Poisonous Tree

Answer 9

(1) Stmts in viol. of Miranda, (2) Indep. source, (3) Inevitable discovery, (4) Intervening act of free will by D, (5) Violation of knock and announce.

Question 10

Good faith defense

Answer 10

Reliance on judicial opinion, statute or ordinance, or defective warrant.

Question 11

Harmless error

Answer 11

Admission of illegal evidence will overturn conviction unless gov’t can show beyond a reasonable doubt that error was harmless.

Question 12

Arrest requirements

Answer 12

PC + warrant if D is @ home, reasonable suspicion if in car.

Question 13

Search incident to arrest

Answer 13

search contemporaneous in time and place, limited to wingspan of individual.

Question 14

Automobile search

Answer 14

Incident to arrest = interior of car but no trunk, PC = full search, including containers

Question 15

Plain view

Answer 15

(1) Officer legitimately on premises and (2) paraphernalia in plain view

Question 16

Stop and frisk

Answer 16

Stop = if reasonable suspicion of criminal act supported by articulable facts, Frisk = if reasonable suspicion that suspect is armed and dangerous

Question 17

Waiver of Miranda

Answer 17

Must be knowing, voluntary, and intelligent

Question 18

Solicitation

Answer 18

Asking someone to commit a crime w/intent that the person commit the crime (merges into conspiracy after agreement)

Question 19

Conspiracy

Answer 19

(1) Agreement, (2) Intent to agree, and (3) Unlawful objective

Question 20

Attempt

Answer 20

Specific intent to commit the crime + substantial step beyond mere preparation

Question 21

M’Naghten insanity test

Answer 21

At time of conduct, D lacked ability to know wrongfulness of actions or nature/quality of actions.

Question 22

Irresistible impulse insanity test

Answer 22

D lacks capacity for self control and free choice.

Question 23

MPS/ALI insanity test

Answer 23

D lacked capacity to (1) appreciate criminality of his conduct or (2) conform conduct to law.

Question 24

Battery

Answer 24

Unlawful application of force resulting in bodily injury or offensive touching.

Question 25

Assault

Answer 25

Attempted battery or threat of bodily injury.

Question 26

First-degree murder

Answer 26

Intent to kill with premeditation and deliberation.

Question 27

Second-degree murder

Answer 27

Intent to inflict great bodily harm or acting with disregard to an extreme risk to human life (depraved heart murder).

Question 28

Felony murder

Answer 28

Killing that occurs during the commission of a felony, attempt to commit a felony, or flight from a felony.

Question 29

Voluntary manslaughter

Answer 29

Intentional killing of another without malice aforethought, committed in the heat of passion due to adequate provocation.

Question 30

Involuntary manslaughter

Answer 30

D causes death of another by engaging in conduct that creates an unreasonable risk of death or serious bodily injury.

Question 31

Larceny

Answer 31

Taking and carrying away of personal property of another by trespass w/intent to permanently deprive.

Question 32

Embezzlement

Answer 32

Fraudulent conversion of personal property of another by lawful possession of that property.

Question 33

False pretense

Answer 33

Obtaining title to personal property of another by an intentionally false statement of past or existing fact w/intent to defraud.

Question 34

Robbery

Answer 34

Taking of personal property of another by force or threat of imminent death/injury with intent to permanently deprive.