Criminal Law Flashcards Preview

Bar Exam > Criminal Law > Flashcards

Flashcards in Criminal Law Deck (39)
Loading flashcards...
0

Mistake of Fact (reasonableness)

SI - unreasonable ok
Malice/GI - must be reasonable

1

Accomplice liability (other crimes)

“natural and probable consequences of the accomplice’s conduct.”

2

Accomplice liability withdrawal

MBE: “(i) repudiate prior aid, (ii) do all that is possible to countermand prior assistance, and (iii) do so before the chain of events is in motion and unstoppable.”

NY: “i) renounce his criminal purpose completely and voluntarily, (ii) withdraw from participation prior to commission of the crime, and (iii) make a substantial effort to prevent the commission”

3

NY accomplice liability evidence requirement

“i) renounce his criminal purpose completely and voluntarily, (ii) withdraw from participation prior to commission of the crime, and (iii) make a substantial effort to prevent the commission”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

4

Forgery

“i) Fraudulent;
ii) Making;
iii) Of a false writing;
iv) With apparent legal significance; and
v) With the intent to defraud”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

5

Embezzlement

i) Fraudulent;
ii) Conversion;
iii) Of the property;
iv) Of another;
v) By a person who is in lawful possession of

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

6

False Pretenses

“i) Obtaining title to the property;
ii) Of another person;
iii) Through the reliance of that person;
iv) On a known false representation of a material past or present fact; and
v) The representation is made with the intent to defraud”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

7

Robbery merger

Larceny, assault, and battery all merge into robbery.

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

8

Common law arson

“i) Malicious;
ii) Burning;
iii) Of the dwelling;
iv) Of another.”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

9

Solicitation

i) Enticing, encouraging, or advising of another person;
ii) To commit a crime;
iii) With the intent that the other person commits the crime.”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

10

Co-conspirator crimes - NY

“not vicariously liable for crimes committed by co-conspirators when he merely conspired and did not participate in committing the offense. People”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

11

Pinkerton Rule

Liable for “both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

13

Majority view conspiracy withdrawal

“after there has been an agreement but before an overt act has been committed, a person may avoid criminal liability for conspiracy by communicating notice of his intent not to participate to the other potential co-conspirators or by informing the police about the agreement”

Excerpt From: Themis Bar Review, LLC. “Criminal Law Distinctions.” Themis Bar Review, LLC, 2013-03-06T07:00:00+00:00. iBooks.
This material may be protected by copyright.

14

The “Incident to Lawful Arrest Search” (Car)

Passenger compartment/containers may be searched if the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search
or
it is reasonable to believe the
vehicle contains evidence of the offense of arrest

15

The “Probable Cause Search” (car)

justifies the search of the entire
vehicle (including the trunk) and its contents that
may conceal the object of the search

16

“Inventory Search” (car)

Police may search entire impounded car plus
closed containers.

17

The “Border Search” (car)

Complete warrantless search without probable
cause permissible.

18

The “Sobriety Stop” (car)

1. conducted in a neutral or non-arbitrary
manner,
2. intrusion on motorists is limited, and
3. further an important governmental or public
purpose (drunk driving)

*no requirement that an officer have a reasonable suspicion

19

Valid use of Statements in violation of Miranda

Impeachment only

20

Accomplice liability for unplanned crimes

Natural and probable consequences

21

Statements in violation of 6th A

However, even where a voluntary confession is obtained in violation of a defendant's Sixth Amendment right to counsel, such confession may be used at trial to impeach the defendant's testimony

22

NY right to counsel

New York protects the indelible right to counsel whenever there is significant judicial activity in the case

“i) When the accused is in custody where the police conduct is likely “overwhelming to a lay person” and counsel is requested;

ii) At investigatory lineups, only when the police know (or could have known from the defendant’s file) that the defendant is represented by an attorney on another charge and the defendant requests his attorney be present;

iii) At the commencement of formal judicial proceedings, whether or not the defendant has retained or requested a lawyer”

23

5th A right to silence invoked

1. Stop questioning
2. Fresh Miranda if wants to waive

24

If Miranda is violated

1. Can use statements to impeach
2. Does not require suppression of physical fruits
3. Does not require suppression of subsequent post-miranda statements

25

6th A remedies

1. IF denied counsel at a non-trial proceeding (pre-indictment line-up) = harmless error

2. Statement/physical evidence is inadmissible

26

NY ineffective assistance of counsel

1. Did not receive meaningful rep
2. Egregious prejudicial error
3. But-for deficiency, result would've been different

27

NY Grand Jury Evidence

Must be legally sufficient --> admissible at trial

28

NY Prosecution must disclose

- all statement of prosecution W related to the W's trial testimony
- D and Co-D statements
- All trangibles that prosecution will use at trial

*D must show failure to disclose materially contributed/altered the outcome of proceeding

29

NY Jury # requirements

Felony - 12
Non-felony - 6

30

NY Speedy trial limits

Felony - 6 mos
Class A - 90 days
Class B - 60 days
Violation - 30 days