Criminal Law & Procedure - General Flashcards
What is the double jeopardy rule regarding separate sovereigns?
Double jeopardy only bars retrial for the same offense by the same sovereign.
Is consent of the victim generally a defense?
NO.
What are the rules on 3rd party consent to a search?
(1) Anyone who has a right to the property may consent to its search
(2) if two people are present and one objects to the search, then no search
(3) If objecting person is removed for lawful reason, then search may go forward at the consent of a consenting person
What are the requirements for a search in Public Schools?
Requirements:
(1) moderate chance of finding evidence of wrongdoing
(2) measures are reasonably related to objectives of search
(3) not excessively intrusive
What is required for police to make an arrest?
Probable cause
What are the elements of Burglary?
(1) Breaking and entering
(2) Of a dwelling of another
(3) At night
(4) With intent to commit a felony therein
What are the elements of Aggravated Assault?
(1) the use of deadly or dangerous weapon, OR
(2) with the intent to rape, maim, or murder
What are the rules regarding ∆’s refusal to testify under the 5th Amendment and the prosecution’s acknowledgement of this fact?
(1) Prosecution may not negatively comment on ∆’s failure to testify/remain silent (subject to harmless error test)
(2) Exception: if ∆’s counsel says ∆ didn’t get to tell his side
What are the Specific Intent Crimes? (11)
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
- Solicitation (inchoate offense)
- Conspiracy (inchoate offense)
- Attempt (inchoate offense)
- First Degree Murder
- Assault
- Larceny
- Embezzlement
- False Pretenses
- Robbery
- Burglary
- Forgery
What are the requirements for “duress” as a defense, and what are its limitations?
Requirements:
(1) ∆ acted under threat of imminent infliction of death or great bodily harm (to ∆ or 3rd person), and
(2) ∆’s belief was reasonable
Limitation:
(1) NOT a defense to homicide
What are the elements of Battery?
(1) Unlawful application of force to the person,
(2) Resulting in bodily injury or offensive touching
During a traffic stop, when may an officer frisk or search a car for weapons?
(1) If officer reasonably believes person is armed and dangerous, may frisk.
(2) may search areas of vehicle where weapon may be placed
What is the exception to the Poisonous Tree doctrine?
Miranda violations, unless done in bad faith, do not result in exclusion
What is are the elements of Kidnapping?
(1) Confinement of a person, with
(2) some movement or concealment in secret place
What are the rules regarding traffic stops and police dogs?
(1) sniff ≠ search, so long as it does not extend beyond the time it takes to do a normal inquiry and ticket writing
(2) An “alert” by police dog can be probably cause for a drug search
What are the elements of Robbery?
(1) Taking of personal property of another
(2) In the victim’s presence
(3) By force or imminent threat of force
(4) With intent to permanently deprive him of it
What is the crime of False Pretenses?
(1) ∆ persuades owner of property to CONVEY TITLE by false pretense.
(2) False representation could be present or past fact, but NOT a promise to do something in the future
What counts as an overt act for a charge of conspiracy?
Any little act if it is in furtherance of conspiracy. Even mere preparation works for conspiracy.
How may an accomplice withdraw and cut off future criminal liability?
(1) If accomplice encouraged the crime, must repudiate the encouragement
(2) If accomplice aided with assistance, must do everything possible to neutralize this assistance, or
(3) May withdraw by contacting police
Is abandonment a valid defense to a charge of an attempted crime?
(1) Majority: after substantial step, no.
(2) MPC: Only if:
- (a) abandonment is fully voluntary, and
- (b) a complete renunciation of criminal purpose
What are the requirements for the homicide of a Police Officer to count as First Degree Murder?
(1) ∆ must have known that victim was a police officer, and
(2) officer must be acting in the line of duty
What are some examples of non-testimonial evidence that the prosecution CAN compel the ∆ to produce?
(1) blood samples
(2) handwriting samples
(3) voice sample
(4) hair sample
What are the ways that a duty to act may arise?
(1) Statute requires (ex: file taxes)
(2) Contract (ex: nurse)
(3) Relationship (parent must protect)
(4) Voluntary assumption of a duty
(5) ∆’s own conduct created the peril
What is the hot pursuit exception to the warrant requirement?
(1) Police may follow a fleeing felon w/o warrant if they are w/in ~15 minutes
(2) Any evidence found while on hot pursuit will be admissible
What are the essential elements of a crime?
(1) A voluntary act or omission
(2) Mental State
What are the three categories of Manslaughter?
(1) Voluntary Manslaughter
(2) Imperfect Self-Defense Manslaughter
(3) Involuntary Manslaugther
What is needed to compel someone to come to the police station for fingerprinting or interrogation?
Probable cause; this is essentially an arrest
What is the intent required for the crime of Larcency?
(1) Intent to deprive permanently must exist AT THE TIME OF THE TAKING
(2) But, if ∆ takes, then later decides to keep, could be guilty of larceny under the theory of “continuing trespass”
What is the “inventory search” exception to the warrant requirement?
Before incarceration of arrestee, police may search:
(1) arrestee’s personal belongings, and
(2) arrestee’s entire vehicle.
What is “solicitation?”
(1) Asking someone to commit a crime. Crime is finished after the question is asked.
(2) Not necessary for person to agree to commit the crime
(3) If person agrees, solicitation merges into conspiracy
(4) Factual impossibility is no defense
When is a no-knock entry permitted?
If knocking and announcing would be dangerous, futile, or inhibit the investigation (destruction of evidence)
What are the inchoate offenses?
(1) Solicitation
(2) Conspiracy
(3) Attempt
What are the four common law mental states of a crime?
(1) Specific Intent Crime
(2) Malice Crimes
(3) General Intent Crimes
(4) Strict liability crimes
What are the relevant Constitutional provisions for Criminal Procedure?
(1) 4th Am: unreasonable search and seizure
(2) 5th Am: self-incrimination, double jeopardy
(3) 6th Am: speedy trial, trial by jury, confront witnesses, assistance of counsel
(4) 8th Am: cruel and unusual punishment
If ∆ has already had trial for one crime, may ∆ be charged with a lesser or greater crime that was included in the prior/current charge?
No, except if charged w/ battery and victim later dies.
When does the ∆ have right to counsel?
All CRITICAL stages of prosecution
What are the elements of Assault?
(1) attempt to commit a battery, OR
(2) The intentional creation (other than mere words) or a reasonable apprehension of, imminent bodily harm
How does a state have jurisdiction over a crime?
(1) The conduct occurred there, or
(2) The result occurred there
What is False Imprisonment?
Unlawful confinement of a person without valid consent.
What intent must accomplices have to be charged under the crime?
The same requisite intent as the substantive crime that has been committed
What are the ∆’s rights during grand jury proceedings?
Essentially none. No right to appear, no right to send witnesses.
How may an original aggressor get back to a “self defense” defense?
Original aggressor MUST:
(1) withdrawn, and
(2) communicate withdrawal
Can a warrant be solely based on an anonymous informant?
No.
What are the exceptions to a ∆’s right to confront witnesses?
(1) important public purpose (child abuse)
(2) ∆ is disruptive and removed
What do you need to know about Statutory Rape?
(1) Consent is no defense
(2) Mistake of fact is no defense
What are the three categories of First Degree Murder?
(1) Premeditated killing: ∆ acted w/ intent/knowledge that his conduct would cause death
(2) Felony Murder
(3) Homicide of Police Officer
For what crimes is a conspirator liable?
Every conspirator liable for all crimes if they were:
- (a) foreseeable, and
- (b) in furtherance of the conspiracy
If ∆ has invoked right to counsel, what must occur?
All questions must cease until:
(1) ∆ gets an attorney, or
(2) ∆ initiates further questioning
What are the elements of Involuntary Manslaughter?
(1) Killing by criminal negligence, OR
(2) Misdemeanor manslaughter: killing during the commission of a misdemeanor or unenumerated felony
What is the M’Naughten definition?
If:
(1) At the time of conduct, ∆ lacked the ability to KNOW THE WRONGFULNESS OF HIS ACTIONS or understand the nature and quality of his actions
Then he was insane.
What is the Exclusionary Rule (evidence)?
Victim of an illegal search or coerced confession can (among other remedies) have the product of the illegal search or coerced statement EXCLUDED from any subsequent criminal prosecution.
What is the difference between the Common Law approach to Conspiracy and the MPC approach?
(1) Common law requires bilateral agreement
(2) Modern trend and MPC only require one party to have genuine criminal intent
Is defense of a dwelling a valid defense?
(1) Yes, but deadly force may never be used solely to protect property.
What do police need for a valid search warrant?
(1) probable cause: fair probability that contraband or evidence of a crime will be found in the area, AND
(2) Particularity: specific place to be searched and things to be seized
When is “entrapment” a valid defense, and what should you look for as a tip to analyze this defense?
Valid only if:
(1) the criminal design originated with law enforcement officers, AND
(2) the ∆ must not have been predisposed to commit the crime
Tip off: undercover cops
If improperly obtained evidence is admitted at trial, will a conviction be upheld?
Harmless error test:
Yes, if the conviction would have resulted despite the improper evidence.
What are the elements of Imperfect Self-Defense Manslaughter?
∆ had honest, but unreasonable, belief that life was in imminent danger and killed victim.