Crim Law/Proc Hypo Notes - WIP Flashcards
(39 cards)
In order to be guilty of common law burglary, one must break and enter a dwelling with:
The specific intent to commit a felony therein.
The right to be free of double jeopardy for the same offense arises from ______.
The Fifth Amendment
Jeopardy attaches in a jury trial when:
The jury is empaneled and sworn.
What is robbery?
the taking and carrying away (asportation) of the personal property of another from the other’s person or presence by force or intimidation.
If murder is committed during the commission of an armed robbery, and only the murder charge has been tried, can the D still be charged for the armed robbery later?
Yes, because there is no constitutional requirement that all known charges against a defendant be brought in the same prosecution.
For purposes of the Double Jeopardy clause, two crimes do not constitute the “same offense” if each crime requires proof of an additional element that the other crime does not require, even though some of the same facts may be necessary to prove both crimes.
What is larceny?
The taking and carrying away of property of another by trespass with the intent to permanently deprive the owner of the property.
Only works when the original possession was wrongful.
Doctrine of Continuous Trespass
When the D wrongfully takes property without the intent to permanently deprive, but later intends to permanently deprive.
This forms the intent to steal under larceny.
What is embezzlement?
The fraudulent conversion of property by a party in rightful possession.
What is extortion?
Larceny plus the threat of future harm.
What is false pretenses?
Victim intended to give thief the title, but thief obtained their permission under false pretenses.
What is larceny by trick?
Victim intended to give the thief mere possession, but not title, and thief intends to permanently deprive the owner of the property.
What is burglary?
The breaking and entering of the dwelling house of another at night with the intent to commit a felony therein.
Not burglary if the D came in through a wide open window or unlocked door, because no breaking was involved.
What are the elements of self-defense?
Non-deadly force is permitted if victim reasonably believes force is about to be used on him.
Deadly force is permitted when the victim is without fault, confronted with unlawful force, and reasonably believes he is threatened with imminent deadly force or great bodily harm.
The aggressor has no right to use self-defense, but they can regain the right if they effectively withdraw and communicates that withdrawal, or the other person escalates the aggression and the initial aggressor has no chance to withdraw.
Deadly force can never be used to protect personal property, only to protect family inside the house.
What is the imperfect self-defense doctrine?
If the D uses deadly force and was at fault in starting the altercation, but unreasonably but honestly believed he was justified in using deadly force, then his charge is reduced from murder to manslaughter.
What are the elements of insanity defense?
M’Naughten - Doesn’t know right from wrong or understand the nature of actions.
Irresistible Impulse Test: Unable to control actions or conform conduct to the law.
Durham: But for the mental illness, defendant would not have committed the act.
MPC Test: Combination of M’Naughten and irresistible impulse.
What are the elements of the intoxication defense?
Defense to specific intent crimes. (Premeditated first degree murder, property offenses, burglary, inchoate crimes, attempted battery form of assault)
Only applicable when the D takes a substance without knowledge of its nature, under duress, or under medical advice.
Treat involuntary intoxication like insanity.
What are the elements of the mistake of fact defense?
A mistake of fact may negate the Mens Rea requirement.
Any mistake of fact is a defense for specific intent crimes, but not a defense for strict liability crimes.
What is the exclusionary rule?
Evidence must be excluded if obtained in violation of Defendant’s 4th, 5th, or 6th Amendment rights.
Any evidence derived from the above must also be excluded (Fruit of the Poisonous Tree Doctrine)
The violation must be of the defendant’s rights.
What are the 4th Amendment doctrines?
No unreasonable search and seizures. (of persons or evidence)
What is the approach for the Seizure of a Person?
1) Determine if there is a seizure.
- seizure of a person occurs anytime a person would feel that he is not free to leave or terminate the encounter
2) Determine type of seizure
- Arrest: May occur without a warrant unless the arrest is at the D’s home. Police need probable cause for warrantless arrest.
- Terry Stop: Requires reasonable suspicion of illegal activity, supported by articulable facts. A first for weapons is permitted only if the officer has reason to believe the detainee is armed and dangerous
- An automobile stop: Permitted with reasonable suspsicion. Roadblocks do not require reasonable suspicion, but require neutrality and a basis that is closely connected to automobiles.
What is the approach for Seizure of Evidence?
1) Who seized the evidence?
- If it was someone other than cops, the exclusionary rule doesn’t apply.
2) Did the D have a reasonable expectation of privacy?
- Homes/overnight guest/cars
- No expectation of privacy in garbage, or things in the public
3) Was there a valid warrant?
- Probable cause?
- Good faith exception
4) Is there a valid exception to the warrant requirement?
What are the exceptions to the warrant requirement?
1) Search incident to lawful arrest: If constitutional arrest, police may conduct contemporaneous search of arrestee’s wingspan.
- Police can search passenger compartment of car IF:
a) the arrestee is unsecured and may still gain access to the vehicle, OR
b) the police reasonably believe evidence of the arresting offense may be found.
2) The automobile exception: Applies only when police have probable cause to believe they will find contraband or evidence of a crime.
- police can search anywhere in the car where they might find the thing they have probable cause to search for.
3) Plain view: Police may seize any evidence in their plain view if they have the right to be where they are.
- the item must clearly be contraband.
4) Consent: May be given by anyone the police reasonably believe has apparent authority to consent.
- Scope extends to all areas to which a reasonable person under the circumstances would believe the consent extends.
- One occupant cannot give valid consent when another is present and objects, or give consent for an area over which the occupant does not have apparent authority.
5) Stop and Frisk: If the police reasonably believe the detainee to be armed.
- Officer can pat down outer clothing unless she has specific information that a weapon is hidden in a particular area of clothing.
- Officer can reach into clothing and seize any item that she believes to be contraband based on its “plain feel”.
6) Hot pursuit, fleeting evidence, and emergency aid.
What are the standards for confessions?
The 5th Amd bars compelled self-incrimination.
The police must clearly inform detainees of their rights.
Statements obtained in violation are generally inadmissible at trial.
What is the Miranda approach for confessions?
1) Was the perp in custody?
- Would a reasonable person feel free to leave?
- Does the environment present the same coercive pressures as stationhouse questioning?
2) Did the perp know the person questioning him was a cop?
- No? Miranda warnings are not needed.
3) Was there an interrogation?
- Includes any words or conduct by the police that they should know are likely to elicit an incriminating response.
