Crimes

Question 1

Assault

Answer 1

An attempt to commit a battery or the intent to place another in reasonable apprehension of imminent injury.

Question 2

Battery

Answer 2

The intentional or reckless causing of a bodily injury or an offensive touching to another.

Question 3

Kidnapping

Answer 3

1. unlawful confinement of another
2. involving movement or concealment in a secret place

Question 4

Rape

Answer 4

sexual intercourse without consent

Question 5

Homicide

Answer 5

Homicide is the unlawful killing of another. The two types of homicide are murder and manslaughter.

Murder is the killing of another with malice aforethought. Malice may be established by (1) an intent to kill (2) an intent to commit grievous bodily injury (3) a reckless indifference to the value of human life (4) felony murder. The Def act must be the actual and proximate cause of the death. Murder is divided by first-degree and second-degree. First degree murder applies when the killing was the result of premeditation and deliberation or during the commision of a dangerous felony. Second degree murder applies to all other murders that are not reduced to manslaughter.

Manslaughter is either voluntary or involuntary. There are two types of voluntary manslaughter, heat of passion, and imperfect self-defense. Heat of passion requires (1) reasonable provocation (2) acted in heat of passion (3) no cooling off time (4) Def did not cool off. Imperfect self defense requires an unreasonable mistake about the need for self-defense or the Def started the altercation. Involuntary manslaughter can arise by gross negligence or misdemeanor-manslaughter. Gross negligence is the disregard of a very substantial danger of serious bodily harm or death. Misdemeanor-manslaughter occurs when a Def commits a misdemeanor or nondangerous felony and a death occurs accidentally during its comission.

Question 6

Felony Murder Rule

Answer 6

1. death is natural and probable consquence of Def conduct and occurs during the commission of a felony, even if the death is accidental.
2. Underlying felony must be independent from the killing

Question 7

Larceny

Answer 7

The trespassory taking and carrying away of personal property of another with the intent to steal.

Question 8

Embezzlement

Answer 8

Fraudulent conversion of personal property of another by one who is already in lawful possession of the property.

Question 9

False Pretenses

Answer 9

False statement of fact causing the person to convey title.

Question 10

Robbery

Answer 10

Larceny by placing the owner in fear or by force.

Question 11

Extortion

Answer 11

Threat of future harm to deprive an owner of property.

Question 12

Theft

Answer 12

Illegal taking of another’s property.

Question 13

Burglary

Answer 13

Burglary is the breaking and entering of a dwelling at night with the intent to commit a burglary inside.

Question 14

Reciept of stolen property

Answer 14

is a crim

Question 15

Arson

Answer 15

malicious burning of the dwelling of another

Question 16

Solicitation

Answer 16

Solicitation is when one requests or encourages another to commit a crime with the intent that they commit the crime, regardless if whether they agree. Solicitation merges into the completed crime.

Question 17

Conspiracy

Answer 17

An agreement between two or more persons who intend to commit an unlawful act. Conspiracy does not merge into the completed crime.

Question 18

Attempt

Answer 18

An act dones with intent to commit a crime beyond mere preparation. Merges into completed crime.

Question 19

Accomplice Liability

Answer 19

An accomplice is one who aids, abets, assists, or encourages the carrying out of a crime. The accomplice is liable for the crime and additional crimes if they are the natural and probable consequence of the intended crime.

Modernly principals, accomplices and accessories before the fact r guilt

Question 20

Defenses

Answer 20

1. Self-defense - reasonable force in response
2. Defenses of others - reasonably believes victim would be justified
3. Defense of property - reasonable force
4. Insanity (see other card)
5. Intoxication - Voluntary defense to specific intent crimes (1st degree murder, assault, incomplete crimes, theft crimes.) Involuntary defense to all crimes.
6. Necessity to avoid imminent and greater injury to society
7. Reasonable mistake of fact may negate specific intent crime

Question 21

Defense of insanity

Answer 21

• M’Naghten test - (1) mental disease (2) causing defect in reasoning powers (3) resulting in him not understanding the nature and quality of his act or that he did not know it was wrong.
• Irresistible impulse test - Unable to control his conduct due to mental illness.
• Durham test - Conduct was the product of mental illness. (but for)
• MPC - (1) lacked substantial capacity to appreciate the criminality of his conduct or (2) conform his conduct to the requirements of the law.

Question 22

Entrapment

Answer 22

Law enforcement official induces a person to commit a crime that he wasn’t otherwise predisposed to commit.

Question 23

4th am.

Answer 23

Protects individuals against unreasonable searches and seizures of property and against unlawful arrests.

Question 24

Arrest

Answer 24

Probable cause required. PC is the reasonable belief that the person violated the law.

4th am

Question 25

Automobile stops

Answer 25

* Automobile - May stop automobiles if there is a reasonable suspicion of wrongdoing. * May set up checkpoints based on neutral, articulable standards. * If the police have probable cause to believe a vehicle contains contraband or evidence of a crime they may search the whole automobile and any container therin that might contain the objects for which they are searching. | Remember also search incident to lawful arrest ## Footnote 4th am.

Question 26

Search and seizure of property

Answer 26

A search warrant is required for a government search and seizure of property that is located where one has a reasonable expectation of privacy. Must be based on probable cause, issued by a neutral magistrate, and describe the premises to be searched and the items to be seized. ## Footnote 4th am.

Question 27

Search incident to a lawful arrest

Answer 27

When the police are making a lawful arrest they may search the area within the arrestee's immediate control. The police may also conduct a protective sweep of all or part of the premises where an arrest takes place if they have a reasonable belief that other dangerous individuals may be present. During a search incident to lawful arrest the police may search a car and its compartments if it is reasonable to believe the arrestee might access the vehicle at the time of the search or the vehicle contains evidence of the offense causing arrest. ## Footnote 4th am.

Question 28

Plain view doctrine

Answer 28

The police may make a warrantless search if they see an object or contraband in plain view. ## Footnote 4th am.

Question 29

Exigent circumstances

Answer 29

The police may conduct a search or seizure without a warrant if they have probable cause and it is necessary to: 1. Prevent the imminent destruction of evidence 2. Prevent imminent injury to persons 3. Search for a felony subject inside a building while in hot pursuit ## Footnote 4th am.

Question 30

Stop and frisk

Answer 30

Police may stop and frisk a person if the police have a reasonable suspicion of criminal activity. They may conduct a pat-down search for weapons if the suspect appears dangerous and may seize contraband discovered if its identity is immediately apparent. ## Footnote 4th am.

Question 31

Miranda

Answer 31

When a suspect is taken into custody by the police and is under interrogation, his confession will be admissible against him only if he has received the requisite Miranda warnings. A suspect is in custody when a reasonable person would believe that they were not free to leave. Interrogation includes anything reasonably likely to elicit an incriminating response from the suspect. A custodial interrogation does not occur when the suspect is speaking to an undercover agent or informant. A suspect may waive his Miranda rights voluntarily, knowingly, and intelligently. When the accused unambiguously indicates that he wishes to speak to counsel the police are required to cease all questioning. | Public safety exception think emergencies ## Footnote 5th am.

Question 32

Self-incrimination

Answer 32

Protects a criminal defendant from compulsion to give testimony or communicative evidence that could expose him to criminal liability. ## Footnote 5th am.

Question 33

Double jeopardy

Answer 33

Protects an individual from being tried for the same offense twice. Jeopardy attaches when the jury has been swron or when the first witness is sworn. ## Footnote 5th am.

Question 34

5th am. due process

Answer 34

1. confessions must be made voluntarily 2. IDs may not be unnecessarily suggestive ## Footnote 5th am.

Question 35

Right to effective counsel

Answer 35

After formal criminal proceedings have commenced a suspect has a right to effect counsel at any line-up or show-up including sentencing. This does not apply to photo IDs or taking handwriting samples or fingerprints. ## Footnote 6th am.

Question 36

Ineffective assistance of counsel

Answer 36

Counsel did not act as a reasonably competent attorney would have acted and the result would have been different. ## Footnote 6th am.

Question 37

Self-representation

Answer 37

Defendant is permitted to knowingly and intelligently waive his right to counsel and represent himself. ## Footnote 6th am.

Question 38

Right to confront adverse witnesses

Answer 38

A defendant in a criminal prosecution has the right to confront adverse witnesses. This includes the issuing of subpoenas to compel testimony of adverse or hostile witnesses and to cross examine. ## Footnote 6th am.

Question 39

Testimonial statements

Answer 39

The prosecution may not admit testimonial statements by a third person unless the declarant is available for cross-examination either when the statement was made or at trial. Statements are nontestimonial when made during a police interrogation regarding an ongoing emergency ie a 911 call. Statements are testimonial when there is no emergency and they are trying to establish past events for future prosecution. ## Footnote 6th am.

Question 40

Confessions of a codefendant

Answer 40

Where two defendants are jointly tried and one of them confesses that statement may not be used against the other defendant unless the statement can be redacted or the codefendant is available for cross-examination. ## Footnote 6th am.

Question 41

Right to a jury trial

Answer 41

Criminal defendants have the right to a jury trial for serious offenses that have a potential imprisonment of greater than six months. ## Footnote 6th am.

Question 42

Voir dire

Answer 42

unlimited strikes for cause limited preemptory strikes (10 CA) discrimination not permited EPC 14th am. ## Footnote 6th am.

Question 43

Right to a speedy trial

Answer 43

1. length of delay 2. reason for delay 3. prejudice as a result of the delay 4. how quickly did def assert this right

Question 44

The exclusionary rule

Answer 44

Prohibits the introduction of evidence obtained in violation of the defendant's 4th, 5th, or 6th am rights. Standing required (must be defendants own constitutional rights). Fruit of the poisoness tree is inadmissible except: 1. individual source 2. inevitable discovery 3. purged taint Illegally obtained evidence may still be used to impeach the defendant but not any witnesses. | Does not apply to civil

Question 45

Good faith warrant exception

Answer 45

When an officer reasonably relies on a facially valid search warrant, but the warrant is ultimately found to be supported by probable cause, the exclusionary rule will not apply and the evidence will not be barred. Does not apply when the officer knew the information in the affidavit was false, there was an obvious lack of probable cause, the warrant was defective on its face.

Question 46

Bail

Answer 46

Bail shall not be excessive. ## Footnote 8th am.

Question 47

Cruel and unusual punishment

Answer 47

Penalties may not be grossly disproportionate to the seriousness of the crime.