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Flashcards in Crim Pro: Questions Deck (31)
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1

If someone violates a statute but really in fact they are not can they still be charged. Eg thinking they are having sex with someone younger but really the person is of age.

No because the person has not actually committed a crime, they just think they have (bunny rabbit example).

2

When someone gives another an object in order to commit a prank (which ends up causing battery) what is the theory that can be used to charge person with (if charged with battery (but with reckless mens rea so battery in third degree)?

Most a person who intended to play a prank but didn't intent to cause a battery can still be charged with battery that has a reckless mens rea under the theory that the friend is a principal and committed acts of recklessness of his own that constituted crime. (Can't be accomplice, conspirator or VC because didn't have intent, agree to commit battery and VC just doesn't apply)--weird qs set 3 #2.

3

If a person conspires with another to commit robbery and does the act but the partner goes off on own and commits rape and then after shoots clerk in knees. What can person be charged with?

Robbery and aggravated battery--but not rape.
Robbery is taking person property of another from the other person's presence by force of intimidation with intent to permanently deprive. Aggravated battery was committed by partner in furtherance of conspiracy but rape was not.. person held accountable for the former.

3

What will a grand jury issue if it determines that the evidence provides probable cause to prosecute?

A true bill

4

Must a d's confession be corroborated in order to convict the defendant in a criminal case

Yes, by any extrinsic evidence that tends to establish the trustworthiness of the confession

5

Constitutional right to jury trial in criminal cases applies to what offenses?

Only serious offenses

6

Defendant signed a confession to a crime at the police station shortly after his arrest. Is this confession sufficient in and of itself to convict D?

No; a conviction cannot be based entirely on an uncorroborated extrajudicial confession

7

In a criminal case jury trial, if state law allows a sentence to be increased beyond the statutory maximum sentence on proof of aggravating circumstances, which of the following statements is true under the Sixth Amendment?

The jury must find the existence of the aggravating circumstances beyond a reasonable doubt.

8

After a defendant successfully appeals a conviction and is retried by the same judge, the judge may impose a sentence _______.

no harsher than the original sentence unless based on conduct on the part of the defendant occurring after the original sentencing proceedings

9

When two defendants are tried together, the statement of one of the co-defendants may be admitted if __________.

the confessing defendant takes the stand and subjects himself to cross-examination about the statement

10

The following may assert the Fifth Amendment privilege against self-incrimination:

Natural persons

11

With regard to the use of immunity to compel testimony, which of the following is true?

A state CANNOT use immunity to compel testimony unless the immunity also applies in federal prosecution.

12

Who waives the privilege against self-incrimination by taking the witness stand?

A defendant

13

Which of the following statements about invoking the privilege against self-incrimination is correct?

A criminal defendant may invoke the privilege by refusing to take the witness stand but a witness may not.

14

Under the Fifth Amendment Privilege against self-incrimination, the government may not require a suspect to__________.

disclose all of his bank accounts

15

The privilege against self-incrimination is waived __________.

by a defendant when she takes the stand, but only to the extent that she is subject to cross-examination

16

With regard to the use of immunity to compel testimony, __________.

a state cannot use immunity to compel testimony unless the immunity also applies in a federal prosecution

17

A defendant may not be tried for a crime if a prior prosecution resulted in a factual determination inconsistent with one required for conviction, because of __________.

Collateral Estoppel

18

Attachment

describes the process by which jeopardy becomes part of an offense, such that the defendant cannot later be tried again for the same crime.

19

Collateral estoppel

prohibits a defendant from being tried or convicted of a crime if a prior prosecution resulted in a factual determination inconsistent with one required for conviction. For example, if a defendant was charged with robbing an individual poker player and acquitted for insufficient evidence as to identity, the defendant cannot afterward be charged with robbery of a different poker player at the same table.

20

The Blockburger test

is the test used under the Double Jeopardy Clause to determine whether two crimes constitute the same offense so that prosecution of one bars prosecution of the other. Under the test, a defendant may face separate trials for two different charges if each charge contains an element not found in the other charge

21

Manifest necessity

describes the situation in which a trial may be discontinued and the defendant reprosecuted for the same offense because some circumstance arose, not through the fault of the prosecution, that prevents the first trial from continuing (e.g., death of the judge).

22

Double Jeopardy Clause Prohibits...

Retrying a defendant for a more serious offense than at his first trial

23

The right to be free of double jeopardy for the same offense arises from __________.

Fifth Amendment

24

The Double Jeopardy Clause prohibits imposition of cumulative punishments for two or more offenses that constitute the same crime under the Blockburger test unless

They are intended to carry separate punishments and are imposed at the same trial

25

Jeopardy attaches in a jury trial when:

The jury is empaneled and sworn

26

jeopardy attaches in a bench trial

first witness is sworn

27

Imposing cumulative punishments for two offenses that constitute the same crime violates the Double Jeopardy Clause __________.

unless they are intended to carry separate punishments and are imposed at a single trial

28

Attachment of jeopardy on a greater offense

bars retrial for all lesser included offenses

29

Once jeopardy has attached, a defendant __________ be retried after his successful appeal __________.

May; unless his conviction was reversed based on insufficiency of the evidence