Criminal Law

Question 1

What are the criminal law elements?

Answer 1

1) Actus reus - a voluntary physical act
(Omission as actus reus - a failure to act of D had a specific duty, had knowledge, and failed to act when it was possible)

2) Mens Rea - the mental element (specific intent, general intent, or malice)

3) Concurrence and causation - D’s criminal act and the requisite intent must occur simultaneously

Causation - D’s conduct must be the cause-in-fact (but-for) and the proximate cause foreseeability)

Watch for:
1) Superseding causes - breaks the chain of causation

2) Intervening acts - does not break chain of causation

Question 2

Accomplice liability and withdrawal of accomplice liability

Answer 2

Accomplice liability: 1) aid, counsel, or encourage principal before or during the crime; 2) with the intent to assist the principal and that the principal commit the crime

Withdrawal: 1) repudiate prior air or encouragement; 2) do all possible to counteract; 3) do so before the chain of events is set in motion

Question 3

Conspiracy

Answer 3

1) an agreement between two or more people
2) intent to enter into the agreement
3) intent to commit the targeted crime
4) an overt act in furtherance (not needed for common law)
Under common law two individuals are needed but under MPC only one is needed while the other person could feign.

Question 4

Four types of Insanity

Answer 4

1) M’Naughten - Due to a mental disease or defect, at the time of the offense D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act.

2) irresistible impulse - Due to a mental illness, D was unable to control his actions or conform his conduct to the law.

3) MPC - As a result of D’s mental disease, D lacked the capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

4) Durham - but for his mental illness, D would not have acted

Question 5

Search and Seizure Analysis

Answer 5

Government searches and seizures must be reasonable h see the 4th Amendment. To determine whether it is reasonable, the court will ask:
1) whether there was government conduct?;
2) Does D have standing
(reasonable expectation of privacy)?;
3) Is there a valid search warrant; and
4) if there is no valid search warrant, was there a valid exception to the search warrant requirement (“ASPACES”)

Question 6

What are the exceptions to the warrant requirement?

Answer 6

“ASPACES”
A - automobile
S - stop and frisk
P - plain view
A - administrative
C - consent
E - exigency circumstances
S - search incident to a lawful arrest

Question 7

What are the requirements for a valid warrant?

Answer 7

1) based on probable cause;
2) precise in its face;
3) issued by a neutral and detached magistrate

Good faith exception: The exclusionary rule will not apply if police acted in good faith on an invalid warrant if they reasonably believed that the warrant was valid.

Question 8

What are the exceptions to the exclusionary rule?

Answer 8

1) independent source - govt had an independent source for obtaining the evidence

2) inevitable discovery - govt. would have discovered the evidence regardless even without the illegal conduct

3) Attenuation - where evidence challenged it too remote and attenuated from unlawful search or seizure

Question 9

What are Miranda Rights and when do they apply?

Answer 9

Those in custody must be informed of Miranda Rights prior to interrogation. They only apply when:
1) D is in custody - meaning that they reasonably believe that they are not free to leave and;
2) D is subject to interrogation - meaning that the police statements is likely to elicit an incriminating response from D
Exception - police may ask interrogating questions w/out Miranda in the event of a public safety emergency