Crim - Wrongs

Question 1

What is the M’Naughten Rule?

Answer 1

∆ 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.

Question 2

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

Answer 2

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.

Question 3

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

Answer 3

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.

Question 4

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

Answer 4

No.

Question 5

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

Answer 5

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

Question 6

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

Answer 6

Solely an anonymous tip, no.

Question 7

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

Answer 7

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

Question 8

What is the Durham test?

Answer 8

∆’s actions were a product of mental illness

Question 9

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

Answer 9

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

Question 10

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

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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.

Question 13

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

Answer 13

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.

Question 14

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

Answer 14

No, because it violates the confrontation clause.

But, there are three exceptions.

Question 15

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

Answer 15

Exceptions:

(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

Question 16

Is false pretenses a specific intent crime?

Answer 16

Yes.

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

Question 17

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?

Answer 17

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.

Question 18

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?

Answer 18

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.

Question 19

How does a ∆ use involuntary intoxication as a defense?

Answer 19

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.

Question 20

What are the two definitions of criminal assault?

Answer 20

Either:

(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.

Question 21

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

Answer 21

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.

Question 22

When is the crime of larceny complete?

Answer 22

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

Question 23

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

Answer 23

Yes, the judge is constitutionally required to do so.

Question 24

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

Answer 24

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.

Question 25

Is faking hours on a time card a “forgery”?

Answer 25

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.

Question 26

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?

Answer 26

No. Gov can seize illegal stuff.

Question 27

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

Answer 27

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.

Question 28

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

Answer 28

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.

Question 29

What are the elements of receiving stolen property?

Answer 29

(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.

Question 30

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

Answer 30

Once stolen property is recovered by the owner, or by police on the owner’s behalf, it loses its “stolen” status.

Question 31

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

Answer 31

Cease all questions, until:

(1) ∆ is provided attorney, or
(2) ∆ initiates questioning

Question 32

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

Answer 32

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.

Question 33

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

Answer 33

No.

Question 34

When does the 6th Amendment right to counsel apply?

Answer 34

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.

Question 35

What mental state is required for accomplice liability?

Answer 35

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