Criminal Law

Question 1

Mistake of fact

Answer 1

Negates criminal intent (if honest); defense to specific intent crime even if unreasonable; defense to general/malice crime only if reasonable

Question 2

Mistake of law

Answer 2

if D relied on court decision/administrative order/official interpretation; statute defining malum prohibitum crime not available before conduct; OR honestly held mistake of law negates the required intent or mental state for material element of crime

Question 3

Accomplice

Answer 3

aid/abets principal prior to/during crime with intent crime be committed (purpose of promoting or facilitating the commission of the offense)

Question 4

Accessory after the fact

Answer 4

aid/assists felon to avoid apprehension or conviction after felony committed; must know felony was committed; only liable for separate crime

Question 5

Murder

Answer 5

unlawful killing of another human being committed with malice aforethought:

(1) intent to kill: conduct that is legal cause of death + intent to kill
(2) intent to do serious bodily injury: serious bodily injury + unintentional killing
(3) reckless indifference to human life: unjustifiably high risk to human life + unintentional killing

unlawful killing of another human being committed with malice aforethought:

(1) intent to kill: conduct that is legal cause of death + intent to kill
(2) intent to do serious bodily injury: serious bodily injury + unintentional killing
(3) reckless indifference to human life: unjustifiably high risk to human life + unintentional killing
(4) felony murder

Question 6

Felony murder

Answer 6

Unintended and foreseeable killing proximately caused by/during commission or attempted commission of inherently dangerous felony (burglary, arson, robbery, rape, kidnapping); victim must die (no attempted FM); must be guilty of underlying felony (merges with FM)

Includes when one felon kills other co-felon

Question 7

Voluntary manslaughter

Answer 7

Murder committed in response to a situation that would inflame a reasonable person to the extent that it would cause person to momentarily act out of passion rather than reason (serious battery, threat of deadly force, adultery, words only not enough); no cooling off period

OR when imperfect self-defense

Question 8

manslaugher

Answer 8

Unintentional homicide committed with criminal negligence (grossly negligent action putting another at significant risk of serious injury/death) or during unlawful act (malum in se misdemeanor)

Question 9

Larceny

Answer 9

(1) Trespassory (without owner’s consent; can’t happen if person was legally entrusted with property); (2) taking (removal of property from owner’s possession); (3) carry away (slight movement enough); (4) of personal property; (5) of another; (6) with specific intent to permanently deprive owner of property

Question 10

Larceny by trick

Answer 10

Obtaining possession of, but not title to, property owned by another through fraud/deceit with intent to convert the property

Question 11

Forgery

Answer 11

fraudulent; making; of a false writing; with apparent legal significance; with intent to defraud

Question 12

Embezzlement

Answer 12

fraudulent; conversion (serious interference with owner’s rights to property); of property; of another; by person in lawful possession of property

Question 13

False pretenses

Answer 13

Obtaining title to property; of another person; through reliance of that person; on known false representation of material past/present; made with intent to defraud

Question 14

Robbery

Answer 14

larceny; from the person or presence of the victim; by force (more than amount necessary to effectuate taking and carrying away the property) or intimidation (threat of immediate serious physical injury to victim, close family member or other person present)

assault; battery and larceny all merge into robbery

Question 15

Extortion

Answer 15

taking of money/property from another by threat (need not be of physical or immediate harm; property need not be on person or in presence of victim)

Question 16

Burglary

Answer 16

Breaking; and entering; of dwelling; of another; at nighttime; with specific intent to commit a felony therein

Question 17

Arson

Answer 17

Malicious (reckless disregard that creates substantial risk of burning); burning; of dwelling; of another

Question 18

Receipt of stolen goods

Answer 18

Receiving control; of stolen property; with knowledge that it is stolen; and intent to permanently deprive owner of property

Question 19

Battery

Answer 19

Unlawful; application of force; to another person; that causes bodily harm to that person or constitutes an offensive touching

Question 20

Assault

Answer 20

Attempt to commit a battery; or intentionally placing another in apprehension of imminent bodily harm

If contact is completed, assault merges into battery

Question 21

Kidnapping

Answer 21

Unlawful; confinement of a person (freedom of movement must be significantly restricted); against that person’s will (by force, threats or fraud); movement (needs to be more than necessary for commission of the other crime when kidnapping occurs incident to another crime) OR hiding of that person

Question 22

False imprisonment

Answer 22

Unlawful; confinement of a person, without consent

Question 23

Rape

Answer 23

Unlawful; sexual intercourse; with a female; against her will by force or threat of immediate force

Question 24

Solicitation

Answer 24

Enticing, encouraging, or commanding another person; to commit a crime; with intent that the other person commits the crime

solicitation merges into completed crime
(MPC only) Renunciation is a defense if D thwarts commission of solicited crime

Question 25

Conspiracy

Answer 25

An agreement; between two or more persons; to accomplish an unlawful purpose; with intent to accomplish that purpose; overt act in furtherance of conspiracy (majority rule, not CL)

Question 26

Withdrawal from conspiracy (liability for conspiracy)

Answer 26

Federal/majority rule: withdrawal possible between date of agreement and commission of overt act but must give notice to co-conspirators or give timely notice to police

MPC/minority rule: subsequent withdrawal OK only if D acts voluntarily to thwart the success of conspiracy

CL: withdrawal not a defense

Question 27

Attempt

Answer 27

Substantial step toward commission of crime (beyond mere preparation) AND specific intent to commit crime

attempt merges into completed crime

Question 28

Self defense

Answer 28

one who is not the aggressor is justified in using reasonable force against another person to prevent immediate unlawful harm to himself

Question 29

Duress

Answer 29

Third party’s unlawful threat caused D to reasonably believe death/harm to himself or another could only be avoided by violating the law

NOT a defense to intentional murder

Question 30

Seizure

Answer 30

when police, by means of physical force/show o authority, terminate/restrain freedom of movement and D actually submits

Totality of circumstances would lead reasonable person to believe he is not free to leave

Question 31

warrantless arrests

Answer 31

(1) public places and (2) felony/misdemeanor in arresting party’s presence or (3) police officer may arrest anyone he reasonably believes has committed a crime

Question 32

Search warrant

Answer 32

(1) issued by detached/neutral magistrate upon finding of probably cause, (2) supported by oath or affidavit, (3) must describe with particularity places to be searched and items to be seized

Question 33

Search incident to lawful arrest

Answer 33

reasonable in scope and incident to lawful arrest; must take promptly after arrest is made

Question 34

Chimel Standard

Answer 34

wingspan – includes contemporaneous search of person/immediate surrounding area (pockets/containers large enough to conceal a weapon or evidence of crime)

home – closets/other spaces immediately adjoining place of arrest in home from which an attack could be launched

Question 35

Vehicle search incident to arrest

Answer 35

(1) arrestee is within reaching distance of passenger compartment at time of search and may pose an actual and continuing threat to the officer’s safety or need to preserve evidence from being tampered with OR (2) reasonable that evidence of the offense of arrest might be found in the vehicle

Question 36

Exigent circumstances (hot pursuit)

Answer 36

if police have probable cause to believe an individual committed a felony, and are pursuing to arrest him, they have right to enter a private building, search the building and seize evidence found there

Question 37

Exigent circumstances (emergency)

Answer 37

reasonable apprehension that delay in getting warrant would result in immediate danger of evidence destruction police/public safety or fleeing felon (objective reasonable belief)

Question 38

Stop and frisk

Answer 38

Stop: reasonable suspicion based on articulable facts that detainee was involved in criminal activity; limited/temporary intrusion on D’s freedom of movement

Frisk: pat down person’s outer clothing if officer has reasonable suspicion that suspect was/is involved in criminal activity and frisk is necessary for safety

Question 39

Plain feel exception

Answer 39

If officer conducting valid frisk feels an object whose identify is immediately obvious (probable cause to believe item is contraband), police seize item

Question 40

Terry stop of a car

Answer 40

After lawful stop of a vehicle, police may search for weapons if: (1) reasonable belief that suspect is dangerous and gain immediate control of weapons; and (2) search of passenger compartment is limited to those areas where a weapon may be placed or hidden

Can order occupants out of a vehicle; can frisk a person if there’s reasonable suspicion that the individual has a weapon

Question 41

automobile exception

Answer 41

probable cause to believe that it contains contraband or evidence of criminal activity; may search anywhere in car that they believe could reasonably hold the contraband, including trunk and locked containers, passengers’ belongings

Question 42

Plain view doctrine

Answer 42

In public view: no REP

In private view: (1) officer is on premises for a lawful purpose; and (2) the incriminating character of the item is immediately apparent

Question 43

Consent to search

Answer 43

Voluntary (no threats of harm, compulsion, false assertion of authority); no need to inform of right to withhold consent

Question 44

Exclusionary rule

Answer 44

Evidence obtained in violation of Fourth, Fifth, Sixth amendment may not be introduced at trial to prove guilt. Applies to evidence initially seized as result of government illegality but also secondary derivative evidence from primary taint

Question 45

Exceptions to exclusionary rule

Answer 45

(1) inevitable discovery (through lawful means); (2) independent source (unrelated to tained evidence); (3) attenuation (passpage of time/intervening events makes chain of causation attenuated); (4) good faith (officer rely on facially valid warrent or existing law); (5) isolated police negligence (must be sufficiently deliberate to trigger rule); (6) failure to knock and announce

Question 46

Privilege against self incrimination

Answer 46

No person shall be compelled in criminal case to testify against himself; nontestimonial evidence not protected; can be invoked in civil or criminal proceeding if answer provide some reasonable possibility of incriminating D in future criminal proceeding

Question 47

Fifth amendment in police interrogation

Answer 47

any incriminating statement obtained as result of custodial interrogation may not be used against suspect at subsequent trial unless police inform subject of Miranda rights

Question 48

Custodial interrogation

Answer 48

Custodial: substantial seizure where D reasonably believes he is not free to leave/otherwise deprived of his freedom in significant way

Interrogation: questions/words/actions likely to elicit incriminating response

Question 49

Ineffective assistance of counsel

Answer 49

(1) counsel’s representation fell below objective standard of reasonableness; and (2) counsel’s deficient performance prejudiced D, resulting in unfair/unreliable outcome (mere inexperience, strategy, failure to produce mitigating evidence insufficient)

Question 50

Conflict of interest

Answer 50

ineffective assistance of counsel due to conflict of interest if: (1) actual conflict; (2) adverse impact (when a plausible alternative strategy /tactic might have been pursued but was inherently in conflict with attorney’s other loyalties/interests)

Question 51

State’s duty to disclose

Answer 51

affirmative duty to disclose any material evidence favorable to D that would negate guilty or diminish culpability/punishment. Grounds for reversal if D shows: (1) evidence is favorable to defendant; (2) failure to disclose cause prejudice against D

Question 52

Right to counsel (6th)

Answer 52

Right to counsel in any case D is charged with a felony or is actually sentenced to incarceration (even if sentence is suspended); applies at all critical stages after indictment/formal charge and ends at sentencing stage

automatic refusal if denied counsel at trial