Criminal

Question 1

What is assault?

Answer 1

Attempt to batter or

Intentionally place someone in fear of imminent injury

Question 2

What is battery?

Answer 2

Intentional or reckless offensive touching

Question 3

What is mayhem?

Answer 3

Permanent dismemberment of a body part

Question 4

Kidnapping

Answer 4

Unlawful confinement of another
Movement
Concealment in a secret place

Question 5

Define rape

Answer 5

Unlawful sexual intercourse with a female
Not one’s wife
Without consent

Question 6

What is murder?

Answer 6

Unlawful killing with malice aforethought

Question 7

How is malice established for murder?

Answer 7

1. Intent to kill

Use of deadly weapon creates inference of intent to kill

2. Intent to commit grievous bodily injury
3. Reckless indifference to human life
4. Intent to commit a dangerous felony

Question 8

Define felony murder

Answer 8

Death occurs while defendant is committing a dangerous felony for which death is a probable consequence of defendant’s conduct

Question 9

What is the majority view about death of a cofelon, when nonfelon kills for purposes of felony murder?

Answer 9

Does not qualify

Question 10

Is a defendant liable for felony murder where victim/cop kills bystander during felony?

Answer 10

Courts are split

Question 11

What are inherently dangerous felonies for the purpose of felony murder?

Answer 11

Burglary
Arson 
Rape
Robbery 
Kidnapping  

Barrk.

Question 12

How may causation be proven for felony murder?

Answer 12

Defendants conduct must be actual and proximate cause of death

Question 13

When may a leo kill a fleeing felon?

Answer 13

Necessary to prevent felon’s escape
Felon threatened leo with weapon or
Felon committee a crime involving infliction or threat of harm
Leo gave warning of force

Question 14

Murder is reduced to voluntary manslaughter under the heat of passion theory if…

Answer 14

1. Reasonable provocation
2. Heat of passion
3. No cooling off time
4. Didn’t cool off

Question 15

What does an imperfect self defense claim reduce murder to?

Answer 15

Voluntary manslaughter

Question 16

Under what two theories can involuntary manslaughter occur?

Answer 16

Gross negligence

Misdemeanor manslaughter

Question 17

What is larceny?

Answer 17

Trespass
Taking and carrying away
Property of another
Intent to steal

Question 18

What is embezzlement?

Answer 18

Fraudulent conversion of property by someone in lawful possession of that property

Question 19

What is theft by false pretenses?

Answer 19

Defendant knowingly makes false representation of a past or present material fact which causes victim to convey title

Question 20

What is robbery?

Answer 20

Larceny + fear or force

Question 21

What is extortion?

Answer 21

Threat of future harm to deprive owner of property

Question 22

What is burglary?

Answer 22

Breaking and entering of a dwelling at night with the intent to commit a felony therein

Question 23

What is arson?

Answer 23

The malicious burning of the dwelling of another

Question 24

When are conspirators liable for the crimes of their coconspirators?

Answer 24

Crimes committed in furtherance of objective

Reasonably foreseeable

Question 25

Does conspiracy merge into the completed crime?

Answer 25

No

Question 26

Can one withdraw from a conspiracy?

Answer 26

No

Question 27

What is an accomplice?

Answer 27

One who aids, abets, assists or encourages a crime

Question 28

When may one use deadly force in self defense?

Answer 28

In response to deadly force

Question 29

What is the M’Naghten test?

Answer 29

Defendant suffered from mental disease 1. Did not understand nature and quality of act 2. Did not know his act was wrong

Question 30

What is the irresistible impulse test?

Answer 30

Defendant was unable to control his conduct due to a mental illness

Question 31

What is the Durham test?

Answer 31

Defendant’s conduct was the result of a mental illness

Question 32

What is the MPC test for insanity?

Answer 32

Defendant lacked capacity to appreciate the criminality of his conduct or conform it to the law.

Question 33

When is voluntary intoxication a defense?

Answer 33

Specific intent crimes (murder, assault, incomplete crimes, property crimes)

Question 34

When is mistake of fact a defense to a crime?

Answer 34

General intent crimes

Question 35

Is factual impossibility a defense?

Answer 35

No

Question 36

Is legal impossibility a valid defense?

Answer 36

Yes

Question 37

When is a warrant required for an arrest?

Answer 37

Person arrested in his home

Question 38

What may the police search incident to a lawful arrest?

Answer 38

The arrestee’s wingspan

Question 39

When may the police do a protective sweep?

Answer 39

When they have a reasonable belief based on articulable facts that other dangerous individuals are present

Question 40

Under sila, when may the police search a vehicle?

Answer 40

1. Reasonable belief arrestee might access vehicle | 2. Vehicle contains evidence of the arrest

Question 41

When does exigency apply?

Answer 41

1. Prevent destruction of evidence 2. Prevent injury to persons 3. Hot pursuit

Question 42

What are the exceptions to the warrant requirement?

Answer 42

``` Search incident to arrest Plain view Automobile Consent Exigency Stop and frisk ```

Question 43

Once a suspect has invoked, when may the police remirandize him in an attempt to question him?

Answer 43

Sufficient break in custody (14 days)

Question 44

Can involuntary confessions be used to impeach?

Answer 44

No

Question 45

How may a defendant prove that his jury does not consist of a fair cross section of his community?

Answer 45

1. Distinctive group excluded 2. Representation of this group not fair in relationship to the number of such persons in the community 3. Underrepresentation due to systematic exclusion

Question 46

How is the right to a speedy trial balanced?

Answer 46

Length of delay Reason for delay Prejudice to defendant due to delay Time and manner in which defendant asserted his right

Question 47

What are the exceptions to fruit of the poisonous tree?

Answer 47

Independent source Inevitable discovery Purged taint

Question 48

When may illegally obtained evidence be used?

Answer 48

Impeachment Civil hearings Parole hearings

Question 49

What is the good faith exception?

Answer 49

Officer acts in reasonable reliance on a defective warrant

Question 50

What are the exceptions to the good faith exception?

Answer 50

1. Officer knowingly provided false info | 2. Lack of pc caused reliance on affidavit to be unreasonable

Question 51

When is there a due process violation in an identification of a subject?

Answer 51

Unduly suggestive | Conducive to mistaken id such that it is unfair to defendant

Question 52

What factors should determine bail?

Answer 52

Seriousness of offense Weight of evidence against defendant Defendant’s financial resources Defendant’s character

Question 53

What is the automobile exception to the search warrant rule?

Answer 53

Officers can search a vehicle and its containers without a warrant if there is Pc that the vehicle contains contraband