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Flashcards in Crim - Wrongs Deck (35):

What is the M'Naughten Rule?

∆ is insane if:
lacked the ability at the time of his actions to either know the wrongfulness or understand the nature and quality of his actions when they occurred.


If someone sold ∆ a tool, knowing ∆'s intent to commit a crime using the tool, is the seller liable as an accomplice?

No. Most courts would hold that mere knowledge that a crime may result from the aid provided is insufficient for accomplice liability, at least where the aid involves the sale of ordinary goods at ordinary prices.


If someone sells something to buyer than they do not own, what crime is this?

False pretenses - ∆ has gained title to buyer's money under false representation.

Not larceny by trick, because it isn't just possession that ∆ has gotten, it is title.


May ∆a move to exclude evidence that was obtained in violation of ∆b's rights?



Does search of a person's home require a warrant?

Yes, unless there is some applicable exception like consent, plain view, etc.


Is an anonymous tip a valid reason for stop and frisk?

Solely an anonymous tip, no.


During what portions of a post-charge ID line-up is the ∆ entitled to assistance of counsel?

During the whole post-charge line-up, not just when ∆ is being examined.


What is the Durham test?

∆'s actions were a product of mental illness


What is the Model Penal Code test for insanity as a defense?

The ∆ could not appreciate the criminality of killing, or could not conform his conduct to the requirements of the law.


If someone receives property, then later finds out that it had been stolen, has this person committed receipt of stolen property?

No. To be guilty the person needs to be aware at the time of receipt that the property is stolen.


Can someone be charged with attempted murder for simply being reckless without any intent to kill?

No, this is a specific intent crime and requires intent to kill to be charged with attempted murder.


Can an individual's right to say no to searches be limited by statute?

Yes, if the statute clearly gives the person notice of a reduced expectation of privacy and the government has an increased need to search. For example, people on probation are can be subject to warrantless searches by their probation officer.


May courts require that the ∆ prove an affirmative defense (like insanity) by clear and convincing evidence?

Yes. Although many jurisdictions only require preponderance of the evidence, federal courts require proof by clear and convincing evidence. One SCOTUS case even upheld a requirement of beyond a reasonable doubt proof.


When two persons are tried together, and one has given a confession implicating the other, may the statement be used as evidence?

No, because it violates the confrontation clause.

But, there are three exceptions.


What are the three exceptions that allow a co-∆s confession to be used to implicate the other co-∆?

(1) all portions of the statement referring to the other ∆ can be eliminated
(2) the confessing ∆ takes the state and subjects himselt to cross-examination with respect to the truth or falsity of what the statement asserts, or
(3) the confession of the non-testifying co-∆ is being used to rebut the ∆'s claim that his confession was obtained coercively, in which case the jury must be instructed as to the purpose of the admission


Is false pretenses a specific intent crime?


If the person believes they are rightfully entitled to the property, then it cannot be a crime of false pretense.


If a statute is intended to protect certain members of a class (ex: minors, illegal aliens), may a member of that protected class be convicted under that statute?

If a statute is intended to protect members of a limited class from exploitation or overbearing, members of that class are presumed to have been intended to be immune from liability, even if they participate in the crime in a manner that would otherwise make them liable.


If ∆ took medication pursuant to a doctor's orders that resulted in hallucinations/delusions that the doctor did not warn the ∆ about, is this voluntary intoxication or involuntary intoxication?

Involuntary. Intoxication is involuntary if it results from taking of an intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice.


How does a ∆ use involuntary intoxication as a defense?

Such intoxication is treated as mental illness, in which case the ∆ is entitled to acquittal if, because of the intoxication, the ∆ meets the applicable test for insanity.


What are the two definitions of criminal assault?

(1) an attempt to commit a battery, or
(2) the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.


To be convicted of knowingly possessing a drug, is it required that the ∆ have directly handled the drugs?

Generally no. Criminal statutes that penalize the possession of contraband generally require only that the ∆ have control of the item for long enough period to have had an opportunity to terminate the possession.


When is the crime of larceny complete?

Assuming intent to deprive permanently, as soon as the item is asported any small distance.


If the ∆ is representing himself and his actions highly suggest that he is incompetent to represent himself, must the judge raise the issue?

Yes, the judge is constitutionally required to do so.


Can a parent consent to the search of their son or daughter's room? What if the son is an adult?

Yes. If the parent lives in the home and has general access to a room occupied by a son or daughter, the parent can give valid consent to a general search of the room even if the son or daughter is an adult.


Is faking hours on a time card a "forgery"?

No. Forgery consists of:
(1) making or altering of
(2) a false instrument
(3) with intent to defraud.

The instrument itself must be false, not just its contents. Instead, this example would be false pretenses.


If the government seizes illegally obtained money that was going to be used to pay ∆'s lawyer, does this violate the 6th Amendment right to counsel?

No. Gov can seize illegal stuff.


If victim dies from injuries sustained during a robbery, and then the ∆ is convicted of robbery, may the ∆ be charged with felony murder?

No, because the victim had died prior to the trial for robbery. Thus, double jeopardy comes in and prevents the felony murder charge because the lesser included charge of robbery already has been fully litigated.


If the facts support both arguments, which is better for the ∆: the confession was not voluntary or that Miranda warnings were not given?

The involuntary confession.

If the confession is found to be involuntary, the former student can invoke the exclusionary rule to exclude stuff as 'fruit of the poisonous tree." In contrast, a confession obtained without Miranda warnings, as long as the failure to warn was not purposeful, may not be sufficient to justify excluing the nontestimonial "fruits" of the confession.


What are the elements of receiving stolen property?

(1) receiving possession and control
(2) of "stolen" personal property
(3) known to have been obtained in a manner constituting a criminal offense
(4) by another person
(5) with the intent to permanently deprive the owner of his interest in the property.


For the purposes of "receipt of stolen property," when does property lose its status as "stolen"?

Once stolen property is recovered by the owner, or by police on the owner's behalf, it loses its "stolen" status.


If the ∆ invokes right to counsel, what must police do?

Cease all questions, until:
(1) ∆ is provided attorney, or
(2) ∆ initiates questioning


What are he rules regarding accomplice liability for felony murder and the death penalty?

Under the 8th Amendment, the death penalty may not be imposed for felony murder where the ∆, as an accomplice, did not take or attempt or intend to take life, or intend that lethal force be employed.


Does the ∆ need to be read Miranda rights before being questioned by an undercover informant?



When does the 6th Amendment right to counsel apply?

The 6th Amendment right to counsel applies to all critical stages of a criminal prosecution after formal proceedings have begun, but does not apply to precharge custodial interrogations.


What mental state is required for accomplice liability?

∆ helped with the commission of the crime with the intent to assist the principal and the intent that the principal commit the crime.