Crim Law & Procedure

Question 1

What is Actus Reus?

Answer 1

A voluntary physical act or omission when there is a duty to act.

Question 2

Define Mens Rea.

Answer 2

Guilty mind; the mental state of the defendant at the time of the crime.

Question 3

What are Specific Intent Crimes?

Answer 3

Require intent to bring about a particular result. Examples include:
* First-degree murder
* Inchoate offenses
* Assault
* Theft crimes.

Question 4

What are General Intent Crimes?

Answer 4

Require only intent to commit the act. Examples include:
* Battery
* Rape
* Kidnapping
* False Imprisonment.

Question 5

Define Malice Crimes.

Answer 5

Reckless disregard of a known risk. Examples include:
* Common Law Murder
* Arson.

Question 6

What are Strict Liability Crimes?

Answer 6

No intent required. Examples include:
* Statutory Rape
* Regulatory Offenses.

Question 7

What constitutes Common Law Murder?

Answer 7

Unlawful killing of another human being with malice aforethought.

Question 8

What is First-Degree Murder?

Answer 8

Murder characterized by premeditation and deliberation.

Question 9

What is Second-Degree Murder?

Answer 9

Intent to kill without premeditation or reckless disregard for human life (depraved heart).

Question 10

Define Voluntary Manslaughter.

Answer 10

Heat of passion with adequate provocation.

Question 11

What is Involuntary Manslaughter?

Answer 11

Criminal negligence or unlawful act.

Question 12

Explain the Felony Murder Rule.

Answer 12

Death caused during the commission of a felony. Common felonies include:
* Burglary
* Arson
* Robbery
* Rape
* Kidnapping.

Question 13

What is Solicitation in criminal law?

Answer 13

Encouraging another to commit a crime with intent that they do so.

Question 14

Define Conspiracy.

Answer 14

Agreement between two or more people to commit a crime + overt act in furtherance.

Question 15

What is an Attempt in criminal law?

Answer 15

Substantial step toward commission of a crime with specific intent to commit that crime.

Question 16

What is Self-Defense?

Answer 16

Deadly force justified if facing imminent deadly harm.

Question 17

What is Defense of Others?

Answer 17

Same as self-defense if the other person had the right to use force.

Question 18

What is Defense of Property?

Answer 18

Non-deadly force only.

Question 19

List the Insanity Tests.

Answer 19

Tests include:
* M’Naghten
* Irresistible Impulse
* Durham
* MPC.

Question 20

Differentiate between Voluntary and Involuntary Intoxication.

Answer 20

Voluntary is a defense to specific intent crimes; involuntary is a complete defense if it negates intent.

Question 21

What is a Mistake of Fact?

Answer 21

Defense if it negates mens rea (must be reasonable for general intent).

Question 22

Is a Mistake of Law a valid defense?

Answer 22

Not a defense unless it negates an element of the crime.

Question 23

What is Duress?

Answer 23

Threat of imminent serious bodily harm (not a defense to homicide).

Question 24

Define Entrapment.

Answer 24

Government induces crime that defendant was not predisposed to commit.

Question 25

What does the Fourth Amendment protect?

Answer 25

Protection against unreasonable searches and seizures.

Question 26

What is required for a warrant?

Answer 26

Probable cause + specificity + neutral magistrate.

Question 27

List the exceptions to the warrant requirement.

Answer 27

Exceptions include: * Exigent Circumstances * Search Incident to Arrest * Consent * Automobile Exception * Plain View * Inventory Searches * Special Needs * Terry Stop & Frisk.

Question 28

What are Miranda Rights?

Answer 28

Custodial interrogation requires warnings.

Question 29

What must happen once the Right to Remain Silent is invoked?

Answer 29

Interrogation must cease.

Question 30

What does the Sixth Amendment guarantee?

Answer 30

Right to counsel and fair trial.

Question 31

What is Ineffective Assistance of Counsel?

Answer 31

Defendant must show (1) deficient performance and (2) prejudice affecting outcome.

Question 32

What is the Exclusionary Rule?

Answer 32

Illegally obtained evidence inadmissible.

Question 33

List the exceptions to the Exclusionary Rule.

Answer 33

Exceptions include: * Independent Source * Inevitable Discovery * Attenuation Doctrine * Good Faith Exception.

Question 34

What does Double Jeopardy protect against?

Answer 34

No retrial after acquittal or conviction.

Question 35

What are the exceptions to Double Jeopardy?

Answer 35

Exceptions include: * Hung jury * Mistrial for manifest necessity * Different sovereigns (state and federal).