Crim Pro

Question 1

Inevitable Discovery Doctrine

Answer 1

Evidence that otherwise should be excluded can be included where it would have been inevitably discovered by lawful means.

Question 2

Harmless Error Rule
(Criminal)

Answer 2

Courts will not overturn a conviction unless the admission of the wrongfully obtained evidence was material and affected the final judgment.

Question 3

Custody (5A)

Answer 3

Suspect in custody where a reaosnable person would not feel free to leave
(X) environment presents same pressures as stationhouse interrogation
(X) Suspect being incarcerated does not automatically mean that any interrogation of teh S is custodial
(x) “freedom of movement test”

Question 4

Interrogation

Answer 4

Refers to (1) express questioning and (2) words / actions by the PO that may elicit an incriminating response

Miranda Generally applies only to interrogation by the publicly paid police

Miranda does not apply when done by an informant

Question 5

6A Violation

Answer 5

(1) without a waiver
(2) PO cannot deliberately elicit a criminal response from the D
(3) right is violated when paid government informant goes into cell

Question 6

Murder

Answer 6

Murder is the unlawful killing of another human being with malice aforethought, which can be shown by
(1) intent to kill
(2) intent to commit great bodily harm
(3) reckless indifference to an unjustifiabily high risk to human life
(4) intent to commit a felony

Must also be shown to have actually and proximately caused death

Self defense a defense

Question 7

Self Defense (murder)

Answer 7

D must be
(1) without fault
(2) confronted with unlawful force
(3) reasonably believed imminent death or great bodily harm

Question 8

First Degree Murder vs Second Degree Murder

Answer 8

Premeditated and Deliberate
Any murder done without premediation and deliberation

Question 9

Adequate Provocation

Answer 9

(1) provocation must be sufficient to arose the mind of an ordinary person
(2) person must have actually been provoked
(3) person must not have cooled down

Question 10

Imperfect Self Defense to Murder

Answer 10

Voluntary Manslaughter

Answer 11

not considered seizures under 4A if
(1) administered in a nondiscretionary manner
(2) do not detain individuals for an unreasonable period of time.