Crim Law/Pro

Question 1

First Degree Murder

Answer 1

Killing of another that is deliberate and premeditated

Question 2

Second Degree Murder

Answer 2

All other murders that do not meet the criteria for first degree murder

Question 3

Common Law Murder

Answer 3

Unlawful killing of another with malice aforethought.

Question 4

Malice Aforethought

Answer 4

May be determined in four ways: intent to kill, intent to inflict great bodily injury, reckless disregard of an extreme risk to human life (depraved heart), and felony murder

Question 5

Felony Murder Rule

Answer 5

A felony murder is a killing that is committed during the course of a dangerous felony to include burglary, rape, robbery, arson, and kidnapping (BARRK).

Question 6

Death of a Co-Felon

Answer 6

An exception to the felony murder rule, which provides that felons are not liable for the deaths of co-felons that occur during the commission of the crime, as long as the death occurs in furtherance of criminal activity.

Question 7

Voluntary Manslaughter

Answer 7

Intentional killing, however, with adequate provocation. Adequate provocation exists if the defendant was reasonably provoked, there was not enough time to cool off, and the defendant did not cool off.

Question 8

Involuntary Manslaughter

Answer 8

A killing caused by criminal negligence or recklessness. Criminal negligence is defined as an exceptional nonconformity from the reasonable person standard required for civil liability. It may also be caused by an unlawful act, including in the course of a misdemeanor or in the course of a felony that does not rise to the standard of a felony murder charge.

Question 9

Forgery

Answer 9

Creating or altering of a document of legal significance to be false with the intent to defraud

Question 10

Kidnapping

Answer 10

Unlawful confinement of a person against that person’s will, combined with either movement or hiding of that person.

Question 11

Rape

Answer 11

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without their consent.

Question 12

Receiving Stolen Property

Answer 12

Occurs when a person receives property they know to be stolen and intends to permanently deprive the owner of this property.

Question 13

Embezzlement

Answer 13

Fraudulent conversion of personal property of another by a person who is in lawful possession of the subject property.

Question 14

Extortion

Answer 14

The use of a threat to illegally obtain property. These threats could be to harm an individual or loved one, or to reveal information the victim would prefer to keep confidential.

Question 15

Larceny

Answer 15

The taking and carrying away of property of another, without the owner’s permission, with the intent to permanently deprive the owner of subject property.

Question 16

Larceny by False Pretenses

Answer 16

Providing false statements, withholding important information or making a promise they don’t intend to keep in order to obtain title to property of another.

Question 17

Larceny by Trick

Answer 17

Obtaining possession of the property of another by a knowing false statement of fact with the intent to defraud.

Question 18

Burglary

Answer 18

The breaking and entering of the dwelling house of another at night with the intent to commit a felony therein.

MPC: Any structure and at any time

Question 19

Robbery

Answer 19

Wrongful taking of another’s property from a person or their presence through force or threat of injury with the intent to permanently deprive them of their property.

Question 20

Arson

Answer 20

Willful and malicious setting of fire to or burning or causing to be burned or aiding the burning of any structure.

Question 21

Assault

Answer 21

Occurs when the defendant intentionally causes another person reasonable apprehension of imminent bodily harm.

Aggravated assault if a deadly weapon is used.

Question 22

Battery

Answer 22

A defendant commits battery when they intentionally cause harmful or offensive contact to another person.

Question 23

Conspiracy

Answer 23

An agreement between two or more persons with intent to commit an unlawful act. The MPC requires an overt act.

Question 24

Co-Conspirator Liability

Answer 24

Co-Conspirators are liable for all crimes conspired, as well as all future crimes if crimes were foreseeable and in furtherance of the objective.

Question 25

Co-Conspirator Withdrawal

Answer 25

A co-conspirator may withdraw from the conspiracy, but unless they withdraw prior to the commission of an overt act, they will still be guilty of conspiracy. Here, they are only released from further crimes stemming from the conspiracy, and they are required to alert law enforcement.

Question 26

Accomplice Liability Attachment

Answer 26

An accessory after the fact is one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. The crime committed by the principal must be a felony and it must be completed at the time the aid is rendered. This liability ceases once the principal reaches refuge.

Question 27

Attempt

Answer 27

Requires intent to commit an offense and an overt act beyond mere preparation. MPC requires a substantial step. An attempt merges with the underlying crime.

Question 28

Solicitation

Answer 28

Consists of enticing, counseling, advising, inducing, urging, or commanding another to commit a crime with the specific intent that the person solicited commits the crime. The offense is complete at the time the solicitation is made. It is not necessary that the person solicited agree to commit the crime or do anything in response.

Question 29

Transferred Intent

Answer 29

When a perpetrator intends to harm one person, however, harms another inadvertently, the intent to harm will transfer to the party that was actaully injured.

Question 30

Self-Defense

Answer 30

It is a complete defense to a crime and is justified when the defendant reasonably believes they are in imminent danger of harm.

Question 31

Defense of Others

Answer 31

If self-defence is appropriate for an individuals, a bystander emplying defense of that individual will have the defense of self-defense availabe.

Question 32

Deadly force

Answer 32

Such force is allowed when the defendant has reasonable belief they are in imminent danger of being killed or will suffer great bodily harm, and deadly force was necessary to defend against danger. If any of the above beliefs are unreasonable, the imperfect self-defense doctrine mitigates murder to voluntary manslauighter.

Question 33

Retreat Doctrine

Answer 33

A defendant must retreat prior to using deadly force, with exceptions. A defendant has not duty to retreat if in their own home, if a defendant had no opportunity to retreat or couldn't have been done so safely. There is no obligation to retreat if the aggressor is not using deadly force.

Question 34

Voluntary Intoxication

Answer 34

Defense against specific intent crimes

Question 35

Involuntary Intoxication

Answer 35

Defense to crimes that require the formation of intent.

Question 36

Legal Impossibility

Answer 36

Legitimate defense to a crime -- it was impossible that the actions of the defendant could have been criminal.

Question 37

Factual Impossibility

Answer 37

Not a legitimate defense to a crime -- the actions of the defendant would be criminal except for some fact unknown to the defendant.

Question 38

Confession with Mental Disease

Answer 38

A confession will be deemed voluntary even if the defendant who confesses suffers from a mental disease. Mental illness does not render a confession involuntary under the 14th Amendment.

Question 39

4th Amendment Reasonable Expectation of Privacy

Answer 39

A person has a reasonable expectation of privacy where there is a physical intrusion by the government into a constitutionally protected area to obtain information. There is no reasonable expectation to privacy in things held out to the public, such as conversations. Persons have a reasonable expectation of privacy in what they own or possess, including their homes and vehicles. Owners of highly regulated industries have a lower expectation of privacy.

Question 40

Search and Seizure

Answer 40

Under the 4th Amendment, applicable to the states via the 14th, government action shall not violate a person's right to be secure against unreasonable searches and seizures. A search consists of a government action in a quest for evidence. A seizure occurs when a reasonable person believes they are not free to leave.

Question 41

Auto Checkpoints

Answer 41

Police may set up roadblocks to stop cars without reasonable suspicion when the stops are made based on a neutral, articulable standard, and they are designed to serve purposes related to automobiles and their mobility.

Question 42

Government Action

Answer 42

The 4th Amendment is limited to protections against government search actions or a party acting as an instrument or agent of the government

Question 43

Stop and Frisk

Answer 43

A police officer may temporarily detain a person for questioning, without a warrant, if they have a reasonable suspicion that they are involved in some illegal activity. Additionally, the police officer may conduct a pat-down frisk of the person if they are suspected of having a weapon. A police officer may seize items he reasonably believes are contraband or a weapon during the frisk.

Question 44

Reasonable Suspicion

Answer 44

The minimum level of justification for detention, where an officer can show articulable facts that a crime has been or is being committed.

Question 45

Probable Cause

Answer 45

Sufficient facts to lead a reasonable person to believe that a crime was committed, and that the defendant committed the crime.

Question 46

Search Warrants

Answer 46

The 4th Amendment of the U.S. Constitution ensures freedom from unreasonable searches and seizures. In order to conduct a search and seize of individuals or evidence, the police are required to obtain a search warrant, unless a valid warrant exception applies.

Question 47

Warrant Requirements

Answer 47

Issue of a search warrant requires probable cause. The warrant must state with particularity the place to be searched and the evidence to be seized, and it must have been issued by a neutral and detached magistrate. There is no warrant required when arresting someone in a public place.

Question 48

Warrant Exceptions

Answer 48

Search Incident to Lawful Arrest: Police may search the person and area within their wingspan where a detainee could reach a weapon or destroy evidence Plain View: Police may seize evidence if observed in plain view, from a place the officer is lawfully permitted to be, and that they believe is evidence of a crime or contraband. Automobile Exception: The 4th Amendment does not require police to obtain a warrant to search any compartment of a vehicle if they have probable cause to believe it contains evidence of criminal activity. Consent: A defendant's voluntary and intelligent consent to a search allows the search to be conducted without a warrant or probable cause. Exigent Circumstances: A warrantless search is authorized when there is reasonable apprehension the delay required to obtain a warrant will result in immediate danger of evidence destruction, there is immediate danger to an officer or another person, or a defendant is likely to flee before a warrant can be obtained. This allows for hot pursuit where police can chase a suspect into a private dwelling. Administrative Inventory Search: A search of an arrestee's property/impounded car after lawful arrest is valid as long as it is performed according to standardized criteria. Temporary Detention: If police have a reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts, they may stop a person for investigatory purposes. Frisk: If police have reasonable a detainee is armed and dangerous, they may frisk the detainee for weapons.

Question 49

5th Amendment and Miranda

Answer 49

The 5th Amendment, as applicable to the states via the 14th, provides that no person shall be compelled in any criminal case to be a witness against themselves. A statement obtained during a custodial interrogation may not be used against a suspect unless the police inform the suspect of their Miranda rights.

Question 50

Miranda Rights

Answer 50

Attach only during custodial interrogation. A person is in custody when they reasonably believe that they are not free to leave. A person is subject to interrogation when the police know or should know their conduct was likely to elicit an incriminating response. When invoking or waiving Miranda rights, the statement must be clear and unambiguous. The defendant must know they are being interrogated by the government in order for Miranda to apply.

Question 51

Police Lineups

Answer 51

A suspect does not have a right to counsel at a pre-charge lineup. They do have a right to a lineup that is not unduly suggestive, where there is no bias or a likelihood of misidentification.

Question 52

5th Amendment Right to Counsel

Answer 52

Once Miranda rights are invoked, the police must stop the interrogation. A custodial interrogation may be re-initiated only if the suspect waives their right to counsel, has been re-read their Miranda rights, if the suspect themselves initiates the conversation or if they have counsel present.

Question 53

6th Amendment Right to Counsel

Answer 53

Once charged, all persons have a right to counsel in all criminal prosecutions where a defendant has a potential for custody, and during all critical stages of the proceedings. Police may not use deception to elicit statements related to a crime when counsel is not present.

Question 54

6th Amendment Right to Effective Counsel

Answer 54

A claim of ineffective counsel requires the defendant show their attorney's performance was below an objective standard of reasonableness, and there is a rasonable probability that but for their errors the result of the proceedings would be different.

Question 55

6th Amendment Confrontation Clause

Answer 55

The 6th Amendment, as applicable to the states via the 14th Amendment, gives a criminal defendant the right to confront witnesses against them. An out of court statement violates this right when a testimonial statement is offered from an unavailable declarant who the defendant was not afforded an opportunity to cross examine.

Question 56

6th Amendment Right to Speedy Trial

Answer 56

The 6th Amendment guarantees a speedy trial, post-accusation. Courts weigh the length and reason for the delay, and any material harm the defendant may have suffered when determining a violation of this right.

Question 57

Exclusionary Rule

Answer 57

All evidence that is collected in violation of a defendant's constitutional rights will be deemed inadmissible in a court of law. Exceptions to this rule are when the police had an independent source, when there is an attenuation of the taint, when the discovery would be inevitable or when the police relied in good faith on a defective warrant.

Question 58

Fruit of the Poisonous Tree

Answer 58

Any evidence that is derived from illegally obtained evidence is also inadmissible in a court of law.

Question 59

Curtilage

Answer 59

The area in the immediate vicinity of a person's home where that person has a reasonable expectation of privacy.

Question 60

Massiah Rule

Answer 60

Statements made in violation of the 6th Amendment right to counsel are inadmissible.

Question 61

Terry Stop

Answer 61

A policy officer may stop a person without probable cause if they have an articulable and reasonable suspicion of criminal activity. In such circumstances, if the officer also reasonably believes the person may be armed and dangerous, they may conduct a protective frisk.

Question 62

Sensory Enhancement

Answer 62

Police may not use electronic sensory enhancement equipment that is not available to the public to collect evidence unless they have a valid search warrant.

Question 63

Transactional Immunity

Answer 63

Protects a witness from future prosecution for crimes related to testimony. This immunity is more encompassing immunity than derivative use immunity, which may only provide limited protections.

Question 64

Qualified Immunity

Answer 64

A protection for government officials from lawsuits alleging violations of a plaintiff's rights or only allowing suits where officials violated a clearly established statutory or constitutional right.

Question 65

Voir Dire

Answer 65

The process of selecting jurors from a juror pool. Voter registration files are valid to use when selecting a jury pool. A juror that acts in bad faith in answering voir dire questions does not invalidate the jury verdict.

Question 66

Jury Challenge for Cause

Answer 66

During voir dire, a challenge for cause allows a party to remove a juror for a specific reasons.

Question 67

Peremptory Challenges

Answer 67

Each side may use 10 peremptory challenges in a criminal case, increased to 20 if the case has a potential for life imprisonment or the death penalty, and a decreased to 6 in civil cases and when the potential term of imprisonment is 90 days or less. Peremptory challenges shall not be used to remove a juror based on race or religion.

Question 68

Mandatory Presumptions

Answer 68

Court-ordered presumptions are illegal.