Crim MBE Flashcards
(128 cards)
1
Q
HOMICIDE
A
Homicide means there is a dead body
2
Q
Homicide has two types
A
1) Murder OR 2) Manslaughter
3
Q
Intent to Kill
A
Premeditated Killing • Specific Intent
4
Q
Intent to Inflict Serious Bodily Harm
A
No Specific Intent to Kill Never infer specific intent to kill
5
Q
Felony Murder
A
A death occurs while committing a dangerous felony
6
Q
Dangerous Underlying Felonies
A
Burglary • Arson • Rape • Robbery • Kidnapping
7
Q
Depraved Heart Murder
A
Reckless disregard for human life
8
Q
Definition - Recklessness
A
You knew or should have known that a death could occur, and you acted anyway
9
Q
Voluntary Manslaughter
A
1) Adequate Provocation 2) Heat of Passion 3) No time to cool off
10
Q
Involuntary Manslaughter
A
Negligent conduct causing a death
11
Q
INVOLUNTARY MANSLAUGHTER =
A
Negligence, No people present
12
Q
DEPRAVED HEART MURDER =
A
Recklessness, people present
13
Q
Murder
A
1) Intent to Kill 2) Intent to Inflict Serious Bodily Harm 3) Felony Murder 4) Depraved Heart
14
Q
Manslaughter
A
1) Voluntary Manslaughter 2) Involuntary Manslaughter
15
Q
Larceny
A
1) Trespassory Taking 2) Carrying Away 3) Personal Property of Another 4) With Intent to Permanently Deprive
16
Q
Burglary
A
1) Breaking & Entering 2) Dwelling of Another 3) At Nighttime 4) With Intent to Commit a Felony
17
Q
Burglary - Intent
A
Intent must be present at the moment of Breaking • Felony does NOT have to be actually committed
18
Q
Robbery
A
1) Trespassory Taking 2) Carrying Away 3) Property of Another 4) By Force, Intimidation, or Fear
19
Q
Assault
A
Intent to commit a Battery • Intent to place another in Imminent Fear • Words are NOT enough
20
Q
Larceny by Trick
A
Obtain POSSESSION to property by False Statement • Use as the default crime before False Pretense or Embezzlement
21
Q
False Pretenses
A
Obtain TITLE to property by False Statement
22
Q
Embezzlement
A
1) Lawful Possession of Personal Property 2) Converted for own use
23
Q
Receiving Stolen Property
A
1) Physical Possession of Stolen Property 2) Knowledge it was Stolen 3) Intent to keep
24
Q
Forgery
A
1) Fraudulent making of a False Document 2) With Legal Significance 3) Intended Wrongful Use
25
Accomplice Liability
1) Specific Intent to achieve the crime 2) Aid or Abet the completion of the crime
26
Crimes Accomplice is Guilty of
ALL underlying crimes completed • If the crime isn't completed, only guilty of accomplice liability
27
Accessory Before the Fact
Not present at scene of crime
28
Accessory After the Fact
1) Felony Completed 2) Knowledge of Completed Crime 3) Aid to avoid Arrest/Conviction
29
GENERAL INTENT CRIMES
No Specific Intent required 2) The Act itself is enough
30
Battery
Unlawful application of Force
31
Arson
Malicious Burning of the Dwelling of Another • Malicious = Reckless
32
Definition - Reckless
Knew or should have known the harm could occur
33
Rape
1) Unlawful Sexual Intercourse 2) By a Male with a Female 3) Without Consent
34
Kidnapping
Unlawful Restraint of a Person's Freedom by Force
35
INCHOATE CRIMES
1) Attempt 2) Conspiracy 3) Solicitation
36
Attempt
1) Intent to commit the crime 2) Overt Act or Substantial Step
37
Attempt - Merger
MERGES into completed crime • Cannot be guilty of both attempt & the underlying completed crime
38
Attempt - Withdrawal
CANNOT withdraw after a Substantial Step
39
Common Law Conspiracy
1) Two or more people 2) Specific Intent to commit crime 3) Agreement
40
MPC - Unilateral Conspiracy
Only ONE person has to agree Apply Common Law unless the facts tell you otherwise
41
Co-Conspirator Liability
A co-conspirator is liable for all crimes committed in furtherance of conspiracy
42
Conspiracy - Merger
Does NOT MERGE into the completed crime • Guilty of both conspiracy & underlying crime
43
Conspiracy - Withdrawal
CANNOT withdraw from the conspiracy • CAN withdraw from other crimes committed in furtherance on the conspiracy by timely notice to co-conspirators
44
Solicitation
Encourage, Urge, or Incite another to commit a crime
45
Solicitation - Merger
MERGES into completed crime • Cannot be guilty of both solicitation & the underlying completed crime
46
Solicitation - Withdrawal
CANNOT withdraw
47
M'Naghten Test
Mental Disease • Cannot appreciate "Nature & Quality" of actions • Cannot understand what you are doing is wrong
48
Model Penal Code Insanity
Defendant lacked "Substantial Capacity" to appreciate criminal conduct
49
Voluntary Intoxication
Voluntarily getting drunk • Defense to Specific Intent Crimes
50
Involuntary Intoxication
Intoxication without knowledge/consent • Defense to ALL crimes
51
Mistake - Specific Intent Crime
Reasonable AND Unreasonable Mistake are defenses The mistake must negate the element of intent
52
Mistake - General Intent Crime
Reasonable Mistake ONLY is a defense
53
Impossibility
The question will rarely use the term "impossibility"
54
Legal Impossibility
ALWAYS a defense • Elements of the crime were not met
55
Factual Impossibility
NEVER a defense • Elements of the crime were met
56
Entrapment
1) Law Enforcement creates criminal activity 2) Defendant not predisposed to commit crime
57
Definition - Predisposition
no prior experience or knowledge
58
Duress
Reasonable Belief of threat of great bodily harm or death
59
Exception - Duress
NEVER a defense to Murder
60
Self-Defense
1) Reasonable Belief of imminent danger or bodily harm 2) Return the same Level of Force 3) Deadly Force only allowed for Deadly Force
61
Defense of Others
1) Reasonable Belief a third party is in imminent danger 2) Return the same Level of Force
62
Defense of Property
1) Reasonable Force to defend property 2) Never Deadly Force unless fear of being killed
63
Government Action Requirement Search & Seizure
must be made by a government agent or at the direction of the government
64
Searches - Definition
A government search of a location with a reasonable expectation of privacy
65
Open Fields Doctrine
Open areas with no expectation of privacy • Not a search
66
Definition - Probable Cause
A reasonable person would conclude it is more probable than not that a crime has taken place
67
Definition - Warrant Requirement
Generally, searches must be pursuant to a warrant
68
Elements of a Warrant
1) Issued by detached magistrate 2) Facts must be fresh 3) Persons/Places must be specific 4) Cannot exceed the scope Typically police must "Knock and Announce" but a search will still be valid if they have a warrant
69
Informants
Police can rely on informants for probable cause • To find if an informant is reliable, look to the totality of the circumstances
70
Plain View
Police can seize what is in plain view during a lawful search
71
Illegal Search
Will NOT automatically dismiss indictment
72
Protective Sweep
Search for additional criminals • Allowed for safety with proof of others present
73
Consent
One who has control/apparent authority over the property
74
Co-occupant Consent
A present co-occupant can refuse • A non-present co-occupant cannot refuse
75
Search Incident to Lawful Arrest
1) Arrest must be lawful 2) Search of person/wingspan
76
Arrest of a Car Occupant
Police may search passenger compartment IF: 1) Occupant is unsecured 2) Reasonable belief of evidence of CRIME OF ARREST
77
Inventory Search
After arrest at the police station, police can search the person/car
78
Exigent Circumstances
Reasonable belief evidence may be lost or destroyed • Exception to the Warrant Rule
79
Illegal Automobile Stop - No Traffic Violation
If there was no reason to pull the car over, nothing found is admissible
80
Legal Automobile Stop - Traffic Violation
Police cannot search the car • Unless some evidence of other crimes During a stop for a traffic violation, police cannot search the car, glove box, or trunk unless there is evidence of another crime
81
Automobile Stop - Probable Cause
Police may search entire car if probable cause the car is carrying contraband
82
Border Search
No warrant necessary
83
Search Outside United States
US officials may search you on foreign land
84
Dog Sniff
NOT a search in a public place
85
Terry STOP
Reasonable suspicion criminal activity is afoot
86
Terry FRISK
Reasonable belief person is armed & dangerous
87
Automobile Checkpoints
Checkpoints allowed with generic, uniform method for stop
88
Miranda Elements
1) Custody 2) Interrogation
89
Definition - Custody
Reasonable person would not feel free to leave You don't need to be handcuffed to be in custody
90
Definition - Interrogation
Police attempting to a elicit criminal response The police do not need to give Miranda warnings immediately
91
Volunteered Statements
No Miranda required if suspect volunteers information
92
Miranda Warnings
1) Right to remain silent 2) Anything said can be used against you 3) Right to an attorney 4) If you cannot afford one, one will be provided
93
Invoking Right to Counsel
If you request a lawyer, all questioning must STOP
94
Waiver of Miranda Rights
Knowingly & Voluntary • Totality of Circumstances
95
Right Against Self-Incrimination
Never required to testify • May be required to perform physical acts • Cannot be forced to make statements
96
Lineups & IDs
Cannot be unnecessarily suggestive • Totality of Circumstances
97
Lineups Right to Counsel
NO right to counsel PRIOR to Indictment • Right to counsel AFTER Indictment
98
Foundation for Counsel Rights
Fifth Amendment Right BEFORE charges or Indictment • Sixth Amendment Right AFTER formal charges
99
Right to Effective Counsel
1) Did lawyer deviate from the norms 2) Reasonable probability the outcome would have been different
100
Waiver of Right to Counsel
Must Knowingly waive
101
Timing Right to Counsel
Defendant has a right to Counsel at all CRITICAL STAGES of prosecution
102
Critical Stages - Right to Counsel
Post-indictment Interrogation • Preliminary Hearings for probable cause to prosecute • Arraignment • Post-charge Lineups • Guilty Pleas & Sentencing • Felony Trials • Misdemeanor Trials with imposed imprisonment • Overnight Recesses during trial • Appeals as a Matter of Right • Appeals of Guilty Pleas • Pleas of Nolo Contendere
103
No Right to Counsel
Blood Sampling • Handwriting or Voice samples • Pre-charge/ Investigative Lineups • Photo IDs • Preliminary Hearings for probable cause to detain • Brief Recess during defendant's testimony • Discretionary Appeals • Parole & Probation Revocation Proceedings • Post-Conviction Proceedings
104
Shared Counsel
Co-defendants can share counsel unless conflict arises
105
Undercover Officer in Jail Cell
Violates Right to Counsel • Not Miranda
106
Guilty Plea
Entered Voluntarily & Intelligently
107
Severance
If two defendants are tried together, one can sever for Unfair Prejudice
108
Impartiality
Right to UNBIASED Judge
109
Competency
Defendant must be competent to understand charges • Defendant may be medicated
110
Jury Trial Rights
Sentence is longer than 6 months • Jury is a cross-section of community • State trial by 6 members must be unanimous • State trial by 12 members need not be unanimous • Federal trial by 12 members must be unanimous • Exclusion of a juror based on race/gender violates Equal Protection
111
Right to Public Trial
Press may attend UNLESS overriding interest to close trial • Does not apply to Grand Jury
112
Right of Confrontation
Right to confront & cross-examine all witnesses
113
Co-defendant Confessions
A co-defendant's confession can only be used against the other if available to testify
114
Right to Confront Out-of-Court Statements
Testimonial Statements are inadmissible • Non-testimonial Statements are admissible
115
Definition - Non-Testimonial Statements
Made during an emergency
116
Prosecution's Burden
Must prove all elements BEYOND A REASONABLE DOUBT
117
Defendant's Burden
Must prove a defense by PREPONDERANCE OF THE EVIDENCE
118
Presumptions
NO Mandatory Presumptions in criminal cases • Violates Due Process During jury instructions, elements of a crime must be proven by the prosecution & elements of a defense must be proven by the defendant
119
Grand Jury
Accused has no right to be present • Exclusionary Rule does NOT apply • Witness has NO Right to Counsel INSIDE the room
120
Double Jeopardy
Cannot be tried for the same crime twice • Does not apply to anything BEFORE first trial
121
Jeopardy Attaches
Jury Trial: Jury is sworn in • Bench Trial: First witness is sworn in
122
Trial by a Separate Sovereign
Can be tried in DIFFERENT states • Can be tried in State AND Federal Court
123
Retrial Permitted
Defendant's successful appeal • Mistrial for Necessity
124
Collateral Estoppel
No retrial allowed if the second trial requires an element defendant was previously acquitted of
125
Cruel & Unusual Punishment
Must be proportionate to crime • Consistent with punishment for similar crimes
126
Rights During Sentencing
Right to Counsel • Right to Remain Silent
127
Death Penalty
Not cruel & unusual as long as Procedural Safeguards • Prevent arbitrary or discriminatory sentencing
128
Death Penalty Exceptions
Under 18 at time of crime • Mentally challenged
