Crimes Flashcards
(171 cards)
1
Q
Homicide:
FOR the MBE, when you think of homicide what should you think about
What are you almost never tested on on the MBE as far as homicide is concerned
Will they use degrees as in second degree murder
A
A dead body
Malice or forethought
No, this is a common law test and degrees are by statute. But if they do give you a statute , they will say something like FIrst degree murder is the intentional premeditated killing of another. Every other murder is second degree. Then first degree murder could only be Intent to kill murder and murder in the second degree will be the other 3. They’ll just subdivide the 4 types up.
2
Q
Homicide
If you committed homicide, you are guilty of one of two things. What are these 2 things?
A
- Murder
- Manslaughter
One or the other. Keep them separate
3
Q
Homicide:
What are the 4 types of Murder (4 definitions of what murder will look like):
A
- Intent to kill
- Intent to Inflict Seriously Bodily Harm
- Felony Murder
- Depraved Heart
4
Q
Homicide
Intent to kill - Murder:
A
- Premeditated killing
- Specific intent to kill
Do not infer. They will have to be very explicit for the MBE
5
Q
Homicide
Intent to inflict Serious Bodily Harm murder:
A
No Specific Intent to kill for the intent ot inflict serious bodily harm
Didn’t want to kill. Just break his legs. But he dies anyway.
6
Q
Homicide
Felony Murder:
A
A death occurs while in the course of committing a dangerous felony
7
Q
Homicide:
What are the Dangerous Felonies for Felony Murder:
A
- Burglary
- Arson
- Rape
- Robbery
- Kidnapping
Has to be one of these for felony murder
Ex. Robbing a bank and kill someone
8
Q
Homicide:
Depraved Heart Murder:
A
Reckless disregard for human life and someone died
Not intentionally
9
Q
Homicide:
Manslaughter:
A
- Voluntary
- Involuntary
Note that manslaughter has nothing to do with murder. Keep them separate
10
Q
Homicide:
Voluntary Manslaughter
What has nothing to do with manslaughter
A
- Adequate provocation
- that puts you in a Heat of Passion
- and you had No time to cool off
Caught guy in bed with wife. Snapped and killed him.
Intent has nothing to do with manslaughter
11
Q
Homicide:
Involuntary Manslaughter:
A
Negligent conduct causing death
Remember intent has nothing to do with manslaughter
12
Q
Homicide:
Recklessness:
A
Knew of should have known of the consequences
13
Q
Homicide:
Negligent vs. Reckless:
A
Reckless = People Present
Negligent=No people present
Ned to know because they may ask you what the most serious type of homicide that a person can be charged with. Usually the choice is between Negligent manslaughter (one has to act negligently) and the other is depraved heart murder (has to act recklessly). R
If i’m in the observatory of the Empire state building and do a stupid human trick at 12 pm (letterman)…getting a bowling ball and dropping it from up there. And this kills someone. Is this reckless or negligent?Reckless because I knew or should have known of the consequences (that people would be there). See previous card.
What about if I’m on top of the brooklyn bridge at 4am and I drop a bowling ball to see if it would float and a coast guard dies. I didn’t know or should have knwon that a coast guard woul be there.
14
Q
Homicide:
Imperfect Self Defense
A
- Use of excessive Force to defend yourself
- Honestly belief that I need to use it
- Will only be guilty of Voluntary Manslaughter and not intent to kill murder
15
Q
Homicide:
Parent Neglecting CHild:
A
- Parent does not give care to child adn kid dies as a result
- this will always be Involuntary Manslaughter (because they were negligent and not murder)
Don’t take kid to hospita, they don’t give the kid medication for religious reasons
16
Q
Other Crimes-Specific Intent Crimes-Larceny
Larceny:
Does larceny apply if you put object back?
A
- Trespassory Taking (touched it)
- Carrying Away (moved as little as an inch)
- Personal Property of Another
- With intent to Permanently Deprive
Larceny still applies if you put it back as long as the elements are met
TCPI
17
Q
Continuing Trespass:
A
- Exception to Larceny
- Wrongful taking without permission (WTWP)
- Didn’t initially have the intent to permanently deprive (but then decided to steal it later)
Most of the time the exception does not apply
18
Q
Other Crimes-Specific Intent Crimes-Burglary
Burglary
A
- Breaking* and Entering**
- Dwelling of another
- at nightime
- With intent ot commit a felony (does not have to actually commit the felony)(intent has to be at the moment you broke in)
* breaking -Picking a lock, picking the alarm, shattering the glass or any type of enlarging of the frame. If door is wide open there is not entering. But if you have to open a window then it is.
Entering** Any part of your body that goes across the threshold will be considered entering. Even if I just put an arm or leg in.
***Dwelling is not an office or a store, but if you live in your office then it is a dwelling. There is a trend that says otherwise, but make the hypo tell you the statute where i t applies
No intent if broke in house to watch a ballgame, but later stole tv. Because no intent to steal at moment you broke in.
19
Q
Other Crimes- Specific Intent Crimes-Burglary
Burglary - Intent:
A
- Intent must be present at the moment of breaking
- Felony does not have to be actually committed
20
Q
Other Crimes- Specific Intent Crimes-Burglary
For burglary is it still a breaking and entering if I trick someone to let me in or if I force someone to open it up for me
A
Yes, this is the element of breaking and entering is met if by force or fraud
21
Q
Larceny merges into what
A
Larceny merges into Robbery
22
Q
Other Crimes- Specific Intent Crimes-Robbery:
A
- Trespassory Taking
- Carrying Away
- Property of Another
- With intent to permanently deprive
- By Force, intimidation, or Fear
Looks like larceny, but has force, intimidation, and fear element. Not going to commit to crimes. If additional element is met then larceny merges into robbery
TCPI-FIF
23
Q
Assault:
Two ways to commit assault.
What is not enough and what is needed?
A
Two ways to commit a assault
- Intent to commit a battery
- Intent to place another in imminent apprehension of a harmful or offensive conduct
Words are NOT enough. Some conduct needed
24
Q
Other Crimes- Specific Intent Crimes-Larceny by Trick
Larceny by Trick:
A
Obtain POSSESSION to property by False Statemtement
I trick you into getting possession of your laptop, phone, etc.
25
Other crimes-Specific Intent Crimes-False Pretenses
False Pretenses:
Obtained title by False Statement
Tricked into signing deed or handing over title to your car
Another hypo is if there is a two way transaction like me buying a fake ticke (because that person lies) to a sporting event in exchange for money. This is still false pretenses
Default though is larceny by trick most of the time all you will get is possession. PResume larceny by trick and nto false pretenses
26
Other crimes-Specific Intent Crimes-Embezzlement
Embezzlement:
1. Lawful Possession of Personal Property
2. Converted for own use (sold it, got rid of it to make some money)
Classic example is pawn shop guy. Suppose to hold your gold watchi or 120 days but doesn't because gold went up and he wanted to cash in.
27
Other crimes-Specific Intent Crimes-Receiving Stolen Property
Receiving Stolen Property:
1. Physical Possession of Stolen Property
2. Knowledge it was Stolen
3. Intent to keep
28
Other crimes-Specific Intent Crimes-Forgery
Forgery:
1. Fraudulent making of a false document
2. WIth Legal Significance (will tell you)
3. Intented Wrongful Use (going to put the paper out there to try to get away with stuff)
Money has legal significance by itself.
29
Other crimes-Specific Intent Crimes-Accomplice Liabilty
Accomplice Liability:Elements
Do you have other liabilities if the crime is actually completed
1. Specific intent to achieve the crime
2. Aid/abet the completion of the crime (heltp you do it)
Accomplice is guilty of ALL Crimes ***completed***
30
Other crimes-Specific Intent Crimes- Accessory before the fact
Accessory Before the Fact:
Like accomplice liability, but not present at scene of the crime
31
Other crimes-Specific Intent Crimes-False Pretenses
Accessory After the fact:
1. Felony completed
2. Knowlege of Completed Crime
3. Aid to avoid Arrest/Conviction
You already committed the crime and now i'm doing something to get away with it.
32
Other crimes-General Intent Crimes-
General Intent Crimes:
1. No specific intent required
2. The act itself is enough
Not intentionally, knowingly,purposely, or willfully (these are words that deonote specific intent
33
Other crimes-general intent Crimes-Battery
Battery
unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
34
Other crimes-general Intent Crimes-Arson
Arson:
* Malicious Burninng of the Dwelling of Another
* Malicious=Reckless= Knew or should have known
Like throwing a cigarette in the yarrd. No intent, but mailicious since it was reckless because I knew or should have known something like this would happen
You may get tested on the modern trend, but they will tell you a statute or it will be plainly obvious that only crime being tested is arson
35
Other crimes-General Intent Crimes-Rape
Rape:
1. Unlawful Sexual Intercourse
2. By a male with a Female
3. Without Consent
However, most of the time they will give you a statute so follow elements of the statute
36
Other crimes-General Intent Crimes-Kidnapping
Kidnapping:
Unlawful Restraint of a person's freedom by force
Generally they will give you a statute defining it
Note that if they ask you if this is an attempt to kidnapping. Then they are asking you about attempt and not kidnapping.
37
Inchoate Crimes:
What are the Ichoate Crimes:
1. Attempt
2. Conspiracy
3. Solicitation
Keep each one separate
38
Inchoate Crimes- Crime of Attempt
Attempt Elements:
How do you know they are testing you on attempt rather than the underlyin crime
1. Intent to commit the crime
2. Overt Act/Substantial Step
Q will say, is he guilty of attempted (fill in the blank)
Murder, robbery, etc.
Talking and wanting to do something is not an overt act. Most of the time is going to be obvious what a substantial step is. If it is not obvious, then that means they are testing you on this element and you should just pick the answer that talks abou this.
39
Inchoate Crimes
Attempt - Merger and Withdrawal:
* Attempt MERGES into completed crime (can only be charged with the underlying crime or the attempt of that crime)
* CANNOT withdraw after Substantial Step/overt act
40
Ichoate Crimes
Common Law Conspiracy:
1. Two or more people
2. Specific Intent to commit crime
3. Agreement
41
Inchoate Crimes
MPC-Unilateral Conpiracy:
ONly one person has to agree
Hypo: when an individual agrees with an undercover agent who has no intent to commit the crime, there can be nevertheless be a conviction for conspiracy. under the MPC. Only apply the MPC if they tell you or they tell you it is a unilateral common law conspiracy
42
Inchoate Crimes
Co-Conspirator Liability (the co-conspirator rule)
Liable for all crimes commited in furtherance of a conspiracy
One co-conspirator will be guilty of all the crimes by the other co-conspirator as long as it is in furtherance of the underlying crime.
Example: I agree to rob a bank with you, but get a flat tire. Get there to pick you up on gettaway car. All crimes that happened inside the bank are now your liability.
43
Inchoate Crimes
Conspiracy-Merger:
* Does NOT merge into completed crime
* Guilty of both Conspiracy and underlying crime
44
Inchoate Crimes
Conspiracy - Withdrawal:
* CANNOT withdraw from the underlying conspiracy. Youcan be guilty of it forever.
* CAN withdraw from the underlying crimes committed by timely notice (tell them you don't want to do it before crime starts)
45
Ichoate Crimes
Solicitation:
Encourage, Urge, Incite another to commit a crime
46
Ichoate Crimes
Solicitation - Merger and Withdrawal:
* MERGES into completed crime (cannot be charged with both. )
* CANNOT withdraw
47
Defenses to crimes
Insanity-M'Naghten Test:
* **Mental Disease**
* makes defendant unable to Appreciate **"Nature and Quality" of action**
* So they **don't understand what they are doing is wrong** (most common element tested)
## Footnote
****
48
Defenses to crimes
Isanity-Model Penal Code
Defendant Lacked "Substantial Capacity" to appreciate criminal conduct
substantial capacity is buzzword
49
Defenses to crimes
Insanity-Standard of Proof in federal trial:
Must prove by Clear and Convincing Evidence
50
Defenses to crimes
Voluntary Intoxication:
* Voluntarilty getting drunk
* Defense to Specific Intent Crimes
51
Involuntary Intoxication:
* Intoxication without Knowledge/Consent
* Defense to all crimes
52
Defenses to crimes
What will be in the hypo to tell you that it is a mistake question
IT will literally tell you that it is a MISTAKE
53
Defenses to crimes
Mistake - Specific Intent Crime:
Reasonable and Unreasonable Mistakes are defenses
54
Defenses to crimes
Mistake-General Intent Crime:
Only reasonable mistake is a defense
55
Defense of crimes
You shouldn't confuse the defense of mistatke with what for the MBE
The defense of Impossibility
56
Defenses to crime
Legal Impossibility:
* Always a defense
* Simply means that Elements of the crime were not met
Example burning my own house down. I can't be convicted of Arson since that requires the burning of another house.
Statutory Rape: Girl is 21 years and not 18 so element is not ment
Note: they never use the word impossibility
57
Defense of Crimes
Factual Impossibility:
* Never a defense
* Elements of the crime were met
Note they never use the word impossibility
Note: A situation where a crime cannot be committed because the act is or would be impossible to be completed due to some physical condition unknown to the actor.
For example, I could never have committed the murder because there were not bullets. Who cares still meets the elements of attempted murder. Just because it was factually impossible to go through with it does not matter.
58
Defenses to crimes
Entrapment:
Applies when
1. Law Enforcement creates criminal activity
2. Defendant not predisposed to commit crime\*
Not predisposed means I'm not familiar with it, I've never done it, It's something that's foreign to me, I have no relationship with it
59
Defenses to Crime:
Duress:
Reasonable Belief of threat of great bodily harm
60
Defenses to crimes
Exception to Duress:
NEVER a defense to Murder
61
Defenses to crimes
Self-Defense:
1. Reasonable Belief of imminent danger bodily harm
2. Return the same level of force
3. Deadly force only allowed for Deadly Force
62
Defenses to crimes
Defense of Others:
1. Reasonable Belief a third party is in imminent danger
2. Return the same level of force
63
Defenses to crimes
Defense of Property:
1. Reasonable force to defend property
2. Never Deadly Force unless fear of being killed
64
Is Arson a General Intent or Specific Intent Crime
General Intent
65
Is False Inprisonment a General Intent or Specific Intent Crime
General Intent
66
Is Intentional Murder a General Intent or Specific Intent Crime
Specific Intent
67
Is Rape a General Intent or Specific Intent Crime
General Intent
68
Is embezzlement a General Intent or Specific Intent Crime
Specific Intent
69
IS Larceny a General Intent or Specific Intent Crime
Specific Intent
70
IS kidnapping a General Intent or Specific Intent Crime
General Intent
71
Is burglary a General Intent or Specific Intent Crime
Specific Intent
72
IS manslaughter a General Intent or Specific Intent Crime
General Intent
73
Is solicitation a General Intent or Specific Intent Crime
Specific Intent
74
IS attempt a General Intent or Specific Intent Crime
Specific Intent
75
Is depraved heart murder a General Intent or Specific Intent Crime
General Intent
76
IS Forgery a General Intent or Specific Intent Crime
Specific Intent
77
Is Battery a General Intent or Specific Intent Crime
General Intent
78
Is Larceny by Trick a General Intent or Specific Intent Crime a General Intent or Specific Intent Crime
Specific Intent
79
IS Assault a General Intent or Specific Intent Crime
Specific Intent
80
Is conspiracy a General Intent or Specific Intent Crime
Specific Intent
81
Is Felony Murder a General Intent or Specific Intent Crime
Specific Intent
82
Is Robbery a General Intent or Specific Intent Crime
Specific Intent
83
Search and Seizure
Search and Seizure must be by
For search and seizure questions you should worry about what?
Government agent/ or somenone acting in the direction of the government
Worry about whetehr what the officer is doing is legal and not what they find. It will be contraband
84
Search and Seizures
When does a search occur
When the government searches a location with a reasonable expectation of privacy
85
Search and Seizure
Open Fields Doctrine
1. Open areas with no expectation of privacy
2. Not a search
86
Search and Seizure
Probable Cause:
Reasonable person would conclude it is more probable than not that a crime has taken place
87
If you are a govt. Agent, in a place that has a reasonable expectation of privacy, and you have probable cause...is there anythig else you need.
You generally need a warrant
Won't be admissalbe usually
88
Search and Seizure
Warrant Requirement
What about knock and announce
Generally, searches must be pursuant to a warrant
Generally cops have to knock and announce, but generally will be ok if they have a warrant.
89
Search and Seizure
Warrant Requirements:
1. Issued by a detached magistrate
2. Facts must be fresh (not out of date)
3. Person/Places must be specific (who and where is very important)
4. Cannot exceed the scope (can't go into bedroom if warrant says to look at the closet)
90
Search and Seizure
Police can rely on who for probable cause
Informants
Facts will tell you if they are not reliable and can't use. Presume to be ok
91
Search and Seizure-Search Warrant exceptions
Plain View Doctrine:
Police can seize what is in plain view during a lawful search
92
Search and Seizure
WIll an Illegal search automatically dismiss indictment
NO, not grounds by itself
93
Search and Seizure
Protective Sweep:
* Allowed to search for additional criminals
* Allowed for safety with proof of others presen
Note: keep the protected sweep separate from the search. But if you find somethig during this sweep then ok.
94
Search and Seizure
Are there exceptions to the general warrant requirement
Yes
95
Search and Seizure - Exception warrant requirement
Consent:
One who has control/apparent authority over the property
Example a guest would not have control or apparent authority over the property. But if you have full run of the house can consent. Like if you were staying somewhere for a year. Only could consent to the portions that you have control or apparent authority over though.
96
Search and Seizure
Co-occupant Consent
* A present co-occupant can refuse
* A non-present co-occupant cannot refuse
97
Search and Seizure - Exception to Warrant Requirement
Search Incident to Lawful Arrest:
1. Arrest must be lawful
2. Search of person/wingspan (wingspan equals withing physical control)
98
Search and Seizure
## Footnote
Arrest of Occupant of a car-Police may search passenger compartment if :
1. Occupant is unsecured (not tied up) or
2. Reasonable Belief of evidence of CRIME OF ARREST
99
Search and Seizure- Search
## Footnote
Inventory Search:
After arrest at the police station, police can search the person/car
100
Search and Seizure-Exception to Warrant Requirement
Exigent Circumstances:
* Reasonable belief evidence may be lost or destroyed
* Exception to the warrant requirement
Some answers will say mention exigent circumstances, but is not part of the facts. Make sure the facts have exigent circumstances
101
Search and Seizure
Illegal Automobile Stop - There is no violation
If there was no reason to pull the car over, nothing found is admissible. Even if you find something evidence is thrown out.
102
Search and Seizure
## Footnote
Legal Aurtomobile Stop- Traffic Violation:
* Police cannot search the car,
* unless evidence of other crimes
but if there is something else like slurring, or shaking, or there is white powder, or blood.
103
Search and Seizure - Exception to Warrant Requirement
Automobile Stop-Probable Cause:
## Footnote
Police may search entire car if probable cause the car is carrying contraband
104
Search and Seizure-Exception to warrant requirement
Do you need a warrant for border stops
No warrant necessary
105
Searcg and Seizures
Can US officials search you on foreign land
Yes
106
Search and Seizure
Is a dog sniff a search
Not in a public place
107
Search and Seizure - Exception to Warrant Requirement
Stop and Frisk:
In reality they are two different things:
* STOP: Reasonable suspicion criminal activity is afoot
* Frisk: Reasonable belief person is armed and dangerous
108
Search and Seizure
Automobile Stops-Checkpoints
## Footnote
Checkpoints allowed wih generic, uniform method for stop (random stops not allowed)
109
Miranda Rights
Miranda elements:
Miranda only comes into play for a custodial interrogation
1. Custody
2. Interrogation
Need both or Miranda does not come into play
110
Miranda Rights
What is custody
Objective test. For a reasonable person, do you feel free to leave.
111
Miranda Rights
What is an Interrogation:
## Footnote
Police attempting to elicit criminal response
Hey how are you-NO
Where were you on the night JOE was killed-YES
112
Miranda Rights
Volunteered Statemetns:
## Footnote
No Mrianda required if suspect volunters information
Note Miranda rights don't have to be given right away. Cop can sit there and just wait.
113
Miranda Rights
If you are in custiodial interrogation, then what are the Miranda Warnings:
1. Right to remain silent
2. Anything said can be used against you
3. Right to an attorney
4. If you cannotafford one, one will be provided
Note warning should be complete
114
miranda rights
If you request a lawyer, what must happen?
All questioning must STOP
115
Miranda Rights
Waiver of Miranda Rights must be:
* Knowingly and Voluntary (must be based on totality of the circumstances)
116
Right Against Self-Incrimination means:
* You are never required to testify
* May be required to perform physical act
* Cannot be forced to make statements
117
Lineup and IDentification
1. Cannot be unnecessarilty suggestive
2. Totality of of the circumstances to decide
Note an out of court ID or lineup may be too suggestive, but may be resolved by an in court ID that is reliable and can be used against you
118
Lineups-Right to Counsel:
* No right to counsel PRIOR to indictment
* Right to Counsel After Indictment
Indictment means being charged
119
Right to Counsel under the Ffth and Sixth Amendments:
* THere is a fifth amendment right to counsel BEFORE charges or indictment
* There is a sixth amendment right to counsel After formal charges
120
Right to effective Counsel:
What is the presumption
1. Did lawyer deviate from the norms and
2. Reasonable probability the coutcome would have been different
The presumption is that they were effective
121
Waiver of Right to Counsel:
Must Knowingly Waive
122
You have a right Counsel at all \_\_\_\_\_
all the Critical changes (DOn't need to memorize list) indiviiduall lists are tested separately. Generally are after indictment
* Post-indictment Interrogation
* Preliminary Hearings for probable cause to prosecute
* Arraignment
* Post-charge Lineups
* Guilty Pleas and Sentencing
* Felony Trials
* Misdeamenor Trials with imposed imprisonment
* Overnight Recesses during trial
* Appeals as a matter of right
* Appeals of Guilty pleas
* Pleas of Nolo Contendre
123
Do you have a rigto Counsel for Preliminary Hearings for probable cause to prosecute
Yes, it is a critical change
124
Do you have a right to counsel for:
Post-charge Lineups
Yes, it is a critical change
125
Do you have a right to counself for Photo IDs
No, it is not a critical change
126
Do you have a right to counsel for:
Appeals as a matter of right
Yes, it is a critical change
127
Do you have a right to counsel for:
Felony Trials
Yes, it is a critical change
128
Do you have a right to counself for Post-Conviction Proceedings
No, it is not a critical change
129
Do you have a right to counsel for:
Misdeamenor Trials with imposed imprisonment
Yes, it is a critical change
130
Do you have a right to counself for Brief Recess during defendan'ts testimony
No, it is not a critical change
131
Do you have a right to counself for Discretionary Appeals
No, it is not a critical change
132
Do you have a right to counsel for:
Arraignment
Yes, it is a critical change
133
Do you have a right to counsel for:
Appeals of Guilty Pleas
Yes, it is a critical change
134
Do you have a right to counsel for:
Guilty Pleas and Sentencing
Yes, it is a critical change
135
Do you have a right to counsel for:
Pleas of Nolo COntendre
Yes, it is a critical change
136
Do you have a right to counself for Blood Sampling
No, it is not a critical change
137
Do you have a right to counself for Handwriting or Voice Samples
No, it is not a critical change
138
Do you have a right to counself for Pre-Charge/Investigative Lineups
No, it is not a critical change
139
Do you have a right to counself for Preliminary Hearings for probable cause to detain
No, it is not a critical change
140
Do you have a right to counsel for Post indictment Interrogation
Yes, it is a critical change
141
Do you have a right to counself for Parole and Probation Revocation Proceedings
No, it is not a critical change
142
Shared Counsel:
Co-defendants can share counsel unless conflict arises
143
Rigth to Counsel
Undervover Cop in Jail Cell:
Violates _____ but not\_\_\_\_\_\_\_\_
* Violates Right to Counsel
* Not Miranda
144
Fair Trial
A guilty plea must be entered\_\_\_\_\_\_
Entered Voluntarily and Intelligently (so that you know the consequences that you are getting into)
145
Fair Trial
Severance:
If two defendants are tried together, one can sever for unfair prejudice
Look at the facts to see if there would be unfair prejudice of one of the defendants
146
Fair trial
Impartiality:
You have a right to an unbiased judge
147
Fair Trial
Competency:
* Defendant must be competent to understand charges
* Defendant may be medicated (to make him competent)
148
Jury Trials
You have a right to a jury trial if sentence is longer than \_\_\_\_\_\_
Six Months
149
Jury Trial
Jury must be a _______ of the community
Cross-section of community
150
Jury Trials
State trail by 6 members must be \_\_\_\_\_
Unanimous
151
Jury Trials
Do state trials by 12 members need to be unanimous
No
152
Jury Trials
Do federal trial by 12 members need to be unanimous?
Yes
153
Jury Trials
Exclusion of juror base on \_\_\_\_\_\_\_/\_\_\_\_\_\_\_ violates \_\_\_\_\_\_\_\_
Exclusion of a juror based on race/gender violates equal protection
154
Jury Trials
Right to a public trial:
* Press may attend unless overriding interst to close trial (facts will tell you)
* Does not apply to grand jury
155
Right to confrontation:
Right to confront and cross-examine all witnesses
Note: even if statements are out of court
156
Rigth to Confrontations - Co-Defendants:
A co-defendant's confession can only be used against the other if available to testify
157
Right to Confrontation - Out-of-court statements
* Testimonial statements are inadmissible
* Non-testimonial statements are admissable (like 911 emergency)
158
Non-testmonial Statements
Made during an emergency
159
Procedural Rigths
Prosecution's Burden
Must prove all elements BEYOND A REASONABLE DOUBT
160
Procedural Rights
Defendant's Burden:
Must prove defense by PREPONDARANCE OF THE EVIDENCE
161
Procedural Rights
Are there mandatory presumption in criminal cases
No Mandatory Presumptions in criminal cases IT VIOLATES DUE PROCESS
Look for the answer choice that says it violates due process
162
Grand Jury:
1. Accused has no right to be present
2. Exclusionary Rule does NOT apply (can use illegally obtained evidence)
3. Witness has NO Right to COunsel INSIDE the room
Kinda like the wild wild west. Anything goes. Presumption is that evidence will come in.
163
Double Jeopardy
Double Jeopardy:
Cannot be tried for the same crime twice
164
Double Jeopary does not apply to anything \_\_\_\_\_\_\_
Anything that occured BEFORE the FIRST TRIAL then Double Jeopardy does not apply
Example
For example, if I was brought in in front of a grand jury for murder charges and they dismiss it. They can still go after you on this because it wasn't part of trial number 1.
Grand jury, preliminary hearings
165
Double Jeopardy
Jeopardy Attaches (Trial number 1 begins):
* JURY TRIAL: Jury is sworn in
* Bench Trial: First witness is sworn in
However, if no final judgment (no verdict) on the merits it is as if Trial 1 did not occur. So can't have double jeopardy. Like mistrial , jury tampering, dismissed on jurisdictional grounds. IF it ends in a technicality. Then double jeopardy will not apply. Mistiral for necessity. On another card.
166
Double Jeopardy Exception - Separate Sovereigns
* Can be tried in DIFFERENT states
* Can be tried in State and Federal Court
167
Other than the separate sovereign exceptions, what are two otehr exceptions:
* Defendant's successful appeal
* Mistrial for Necessity
168
Double Jeopary- Collateral Estoppel:
No retrial allowed when second trial requires an element defendant was acquitted of
Like robbery and person died. But found not guilty of robbery. Cannot be tried for felony murder either caused removed the underlying element of a felony. Need element from trial number 1 for trial number 2. Can't do that
169
Cruel and Unsual Punishment:
* Must be proportionate to crime
* Consistent with punishment of similar crimes
170
Death Penalty:
Not cruel and unusual as long as Procedural Safeguards to prevent arbitrary or disciminatory sentencing
171
Death Penalty Exceptions:
1. Under 18 at time of crime
2. Mentally challenged
