Crim Law

Question 1

Specific Intent Crimes

Answer 1

1. attempt
2. solicitation
3. assault
4. first degree murder
5. larceny
6. false pretenses
7. embezzlement
8. conspiracy
9. robbery
10. burglary
11. forgery

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Question 2

General Intent Crimes

Answer 2

False imprisonment, battery, kidnapping

Question 3

Conspiracy Elements

Answer 3

1) an agreement between 2 or more person
* Under MPC, one guilty mind is enough if they believes the other party was actually agreeing
2) the intent to enter into the agreement
3) the intent to achieve the UNLAWFUL objective of the agreement
* most states also require an overt act

Question 4

Co-conspirator liability

Answer 4

Each member of a conspiracy is liable for the crimes of all other conspirators if:

1) such crimes were committed in furtherance of the objectives of the conspiracy; and
2) such crimes were a natural and probable consequence of the conspiracy

Question 5

Felony Murder Elements

Answer 5

1) defendant committed a felony beyond a reasonable doubt
2) the killing took place while the felony was being committed; and
3) the felony was independent of the killing
* most states also require that death is a foreseeable result of the commission of the felony

Question 6

Larceny Elements

Answer 6

1) a taking
2) and carrying away (asportation)
3) of tangible personal property
4) of another
5) by trespass
6) with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property
* (if taken with consent under misrepresentation then it is larceny by trick)

Question 7

Attempt

Answer 7

the prosecution must establish that the defendant had and ACTUAL SPECIFIC INTENT to cause the harm prohibited by the statute and committed an ACT BEYOND MERE PREPARATION in furtherance of that intent

Question 8

Malice

Answer 8

Malice can be shown by

a) intent to kill
b) intent to inflict SBI
c) reckless INDIFFERENCE to an UNJUSTIFIABLY HIGH RISK to human life (Depraved Heart)
d) intent to commit a felony

Question 9

School Searches

Answer 9

A school search is reasonable if

1) if offers a moderate chance of finding evidence or wrongdoing
2) the measures adopted to carry out the search are reasonably related to the objectives of the search; and
3) the search is not excessively intrusive in light of the age and sex of the student and the nature of the infarction

Question 10

Plain View Exception to a Warrant

Answer 10

1) PD is legitimately on the premises
2) the item is evidence, contraband, or instrumentality of a crime
3) the item is in plain view
4) the item is immediately apparent (i.e. probable cause) to be evidence, contraband, or instrumentality of a crime

Question 11

Arson

Answer 11

The malicious burning of any structure or dwelling

Question 12

Accomplice

Answer 12

One who,

1) with the intent that the crime be committed,
2) aids, counsels, or encourages the principal
3) before or during the commission of the offense.

• mere presence is not enough
• liable for the crime itself and other foreseeable crimes

Question 13

Accessory after the fact

Answer 13

One who receives, relieves, comforts, or assists another,

knowing that he committed a felony,

in order to help the felon escape arrest, trial, or conviction.

• liable for spare crime of “obstructing justice”
• not liable for crime committed by the principal

Question 14

Solicitation

Answer 14

Inciting, counseling, advising, urging, or commanding another to commit a crime, with specific intent that the person solicited commit the crime.

Affirmative response not required.

Under the doctrine or merger, can be convicted of only solicitation or the target offense.

Question 15

Burglary

Answer 15

1) A breaking and
2) Entering
3) of a dwelling
4) at nighttime
5) with the intent to commit a felony

Question 16

Robbery

Answer 16

1) the taking of personal property of another
2) from the other’s person or presence
3) by force or intimidation
4) with the intent to permanently deprive them of it

Question 17

Battery

Answer 17

1) intentional
2) harmful or offensive touching to
3) a person
4) resulting in injury

Question 18

Receipt of Stolen Property

Answer 18

1) Defendant received possession and control
2) of stolen personal property
3) known to have been obtained in a manner constitution a criminal offense
4) by another person
5) with the intent to permanently deprive the owner of their interest in it

Question 19

6th amendment right to counsel

Answer 19

A suspect has a 6th amendment right to counsel of

(1) all CRITICAL STAGES of a criminal prosecution
(2) once formal proceedings have begun, (including any post-charge show up or lineup)

A photo ID is not considered a critical stage.

Question 20

Lineup or Show Up Due Process

Answer 20

Violates Due process If

1) unnecessarily suggestive; and
2) there is a substantial likelihood of a misidentification
* the ID must be shown tot have been extremely suggestive

Question 21

Indépendant source ID

Answer 21

• despite an illegal lineup, a witness may make an in court ID if the ID has an independent source from factors:
  a) the opportunity to observe D at the time of the crime
  b) the ease a witness can Id the Defendant
  c) the existence or absence of prior mis-Ids

Question 22

involuntary intoxication

Answer 22

1) taking of an intoxicating substance
2) without knowledge of its nature
3) under duress
4) imposed by another, or
5) pursuant to medical advice
6) while unaware of the substance’s intoxication effect

Question 23

Defenses to Accomplice Liability

Answer 23

Withdrawal

1) if the person merely encouraged the crime, he must REPUDIATE the ENCOURAGEMENT
2) if person provided material, must do all possible to RETRIEVE MATERIAL
3) or can NOTIFY AUTHORITIES or take some action to PREVENT the commission of the crime
- must occur before the chain of events leading to the commission of the crimes becomes unstoppable

Question 24

Conspiracy Withdrawal

Answer 24

1) must communicate INTENT to withdraw to ALL OTHER conspirators BEFORE the target CRIME occurs
2) no withdrawal from liability for the conspiracy itself
* if losing co-conspirator liability, consider accomplice instead

Question 25

Attempt Defenses

Answer 25

a) Merger b) factual impossibility (as long as the defendant believed them to be) c) legal impossibility when the acts defendant intends to commit are not a crime d) abandonment is not a defense AFTER SUBSTANTIAL STEPS have begun

Question 26

Common Law Murder

Answer 26

The killing of another human being with MALICE aforethought.

Question 27

First Degree Murder

Answer 27

a) Codified/statutory murder committed with remediation and deliberation. * Made the DECISION to kill in a COOL and dispassionate manner and REFLECTED on the idea of killing, even if only for a very BRIEF period. b) Requires specific intent

Question 28

Second Degree Murder

Answer 28

Condified/staturoy murder that is committed WITHOUT remediation and deliberation. It typically includes those killings that occur when the INTENT IS NOT TO KILL but to commit SBI and departed heart murders.

Question 29

4th amendment Search/Seizure

Answer 29

1) The 4th amen protects citizens against unreasonable searches and seizures. the 4th amend is applicable to the states via the Due Process Clause of the 14th amend 2) Government Conduct * To assert a 4th amend challenge, D must show GOVERNMENT CONDUCT. * To establish gov conduct, D must show that the POLICE/GOVERNMENT were INVOLVED IN THE SEARCH OR SEIZURE. 3) Reasonable Expectation of privacy * To assert a 4th amend challenge, D must show a REASONABLE EXPECTATION of privacy 4) Evidence obtained in violation of the 4th amend is inadmissible.

Question 30

Warrant Requirement

Answer 30

A valid warrant requires that it be issued 1) based on PROBABLE CAUSE that seizable material or evidence can be found at the premises to be searched 2) by a NEUTRAL and detached MAGISTRATE 3) with SPECIFICITY regarding the place to be searched and items to be seized

Question 31

Exclusionary Rule

Answer 31

1) evidence obtained in violation of a defendant's constitutional rights is generally inadmissible at trial. 2) Generally not only must illegally obtained evidence be excluded, but also all evidence OBTAINED or DERIVED from the EXPLOITATION of that evidence.The courts deem such evidence the tainted fruit of the poisonous tree. 3) suppression is not required if the taint of the unconstitutional action can be attenuated

Question 32

Search Incident to Lawful Arrest

Answer 32

SIA 1) lawful arrest based on PC 2) the police may CONTEMPORANEOUSLY search a PERSON and ares within his WINGSPAN 3) police may also make a PROTECTIVE SWEEP of the area if they believe ACCOMPLICES may be present

Question 33

Hot Pursuit

Answer 33

Police in 1) hot pursuit of a FLEEING FELON 2) may make a WARRANTLESS search and seizure and 3) pursue the suspect into a private dwelling

Question 34

Evanescent Evidence

Answer 34

1) Police may seize WITHOUT warrant | 2) evidence likely to disappear before a warrant can be obtained

Question 35

Consent

Answer 35

A warrantless search is valid if the police have voluntary consent. 1) knowing you have a right to withhold consent is not a prequisite to consent being voluntary 2) scope of search may be limited to scope of consent 3) consent generally extends to all areas to which a reasonable person under the circumstances would believe is extends

Question 36

Search Incident to Incarceration / Booking

Answer 36

Police Officers are allowed to conduct an inventory search of arrestees upon being booked pursuant to established department procedure.

Question 37

Stop and Frisk

Answer 37

1) a police officer may STOP a person WITHOUT PC for arrest if the officer has an ARTICULABLE and REASONABLE SUSPICION of criminal activity. 2) if the officer REASONABLY BELIVES the person may be ARMED and PRESENTLY DANGEROUS, the officer may conduct a protective FRISK of the detainee's outer clothing to search for weapons. 3) an officer may REACH into the detainee's clothing if the officer REASONABLY BELIEVES based on PLAIN FEEL there is a WEAPON or CONTRABAND * the officer cannot manipulate clothing to get a better feel of the item

Question 38

Plain View

Answer 38

The police may make a warrantless seizure when they 1) are LEGITIMATELY on the premises 2) discover evidence, fruits or instrumentalities of a crime, or contraband 3) see such evidence in PLAIN VIEW 4) have PC to believe that the item is evidence, instrumentality, fruit of a crime

Question 39

Exigent Circumstance

Answer 39

Police may enter premises without a warrant to ADDRESS EMERGENCIES that could affect HEALTH OR SAFETY

Question 40

Automobile Exception

Answer 40

1) if the police have PROBABLE CAUSE 2) to believe that a vehicle is contraband, or contains fruits, instrumentalities, or evidence of a crime 3) they may search the whole vehicle and any container that might reasonably contain the items for which they have PC to search

Question 41

5th amendment Confessions

Answer 41

the 5th amendment, applicable to the states via the due process clause of the 14th amend guarantees a FREEDOM AGAINST COMPELLED SELF INCRIMINATION To protect these rights, the Supreme Court requires police to INFORM DETAINEES of their rights via MIRANDA warnings prior to any CUSTODIAL INTERROGATION. Statements obtained as a result of a custodial interrogation conduct without giving the warnings generally are inadmissible.

Question 42

Voluntary Manslaughter

Answer 42

Killing that would be murder except for adequate provocation. Provocation is adequate if 1) it would AROUSE SUDDEN and intense PASSION in the mind of an ORDINARY person, causing him to lose-self control 2) defendant was IN FACT provoked 3) there was INSUFFICIENT TIME to cool off; and 4) defendant DID NOT in fact COOL OFF

Question 43

M'Naghten Rule

Answer 43

1) disease of the mind 2) caused defendant to 3) lack the ability 4) at the time of his actions 5) to know the wrongfulness of his actions; or 6) understand the nature and quality of his actions

Question 44

Irresistible Impulse

Answer 44

1) Because of mental illness 2) unable to control his actions; or 3) conform to the law

Question 45

Durham

Answer 45

1) Crime was a product of mental illness | 2) and would not have happened but for the disease

Question 46

ALI or MPC

Answer 46

1) mental disease or defect 2) caused d to lack substantial capacity to 3) appreciate the criminality of his conduct; or 4) conform his conduct to the requirements of the law

Question 47

Embezzlement

Answer 47

1) fraudulent conversion of 2) personal property of another 3) by a person in lawful possession of that property

Question 48

Custodial Interrogation

Answer 48

1) a reasonable person would not feel free to leave 2) the more an environment presents the same inherently coercive pressures as a station house/ traditional arrest, the more likely the suspect is in custody 3) traffic stops generally not custodial 4) interrogation is expressly questioning; and 5) words or actions of police offers designed to elicit an incriminating response 6) spontaneous statements are not barred under Miranda

Question 49

Valid Police checkpoint

Answer 49

1) cars are stopped based on a neutral, articulable standard 2) designed to save purposes closely related to a particular problem 3) pertaining to automobiles and their mobility

Question 50

Guilty Plea

Answer 50

1) Prior to accepting a guilty plea, the judge must determine that the plea is voluntary and intelligent 2) This must be done by addressing the defendant personally in an open court on record. 3) Judge must be sure defendant understands a) the nature of the charge and the crucial elements of the crime charged b) the maximum possible penalty and any mandatory minimum c) that the defendant has a right not to plead guilty, but waives the right to trial if he does plead guilty * the remedy for a failure to meet the standards for taking a guilty please is withdrawal of the plea and pleading anew

Question 51

Kidnapping

Answer 51

1) unlawful confinement of a person that 2) involves either some movement of the victim 3) or concevaient of the victim in a secret place

Question 52

Self Defense

Answer 52

Defendant is 1) without fault 2) confront with lawful force; and 3) reasonably believe that he is threatened with imminent death or great bodily harm