Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Bar Exam Study > Criminal Law And Criminal Procedure > Flashcards

Criminal Law And Criminal Procedure Flashcards

(58 cards)

Start Studying
1
Q

What must the prosecution prove in a criminal case?

A

Every element of a crime beyond a reasonable doubt.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is required for a defendant to be liable for an omission?

A

There must be a legal duty to act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Where do federal courts have jurisdiction?

A

Over federally owned territory and cases involving federal crimes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the three ways to satisfy the Fourth Amendment?

A
  1. Valid warrant + proper execution
  2. Good faith or reasonable mistake by the officer
  3. Exceptions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What constitutes a valid warrant?

A

Probable cause, particularity, and issued by an unbiased magistrate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When is an arrest warrant not needed?

A

If the suspect is in a public place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the exclusionary rule?

A

Evidence is excluded from the prosecution’s case-in-chief if the Fourth Amendment is not satisfied.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

List the exceptions to the warrant requirement.

A
  1. Automobile exception
  2. Search incident to arrest
  3. Administrative search
  4. Consent
  5. Emergency circumstances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the automobile exception?

A

Officers can search an automobile if they have probable cause to believe evidence exists within it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a search incident to arrest?

A

A search conducted at the time of a lawful arrest without a warrant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What protects a witness from self-incrimination?

A

The privilege against self-incrimination under the Fifth Amendment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is double jeopardy?

A

No person shall be put in jeopardy of life or limb for the same offense twice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When does jeopardy attach in a jury trial?

A

When the jury is impaneled and sworn.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the Blockburger test?

A

A test to determine if two crimes are the same offense based on their elements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the Sixth Amendment’s right to counsel?

A

Each defendant has the right to effective assistance of counsel.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What must be shown to establish ineffective assistance of counsel?

A

The lawyer’s performance was deficient and affected the outcome.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is required for a guilty plea to be withdrawn?

A

A fair and just reason must be shown if after sentencing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does the Eighth Amendment prohibit?

A

Cruel and unusual punishment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Who cannot receive the death penalty?

A
  1. Those with an intellectual disability
  2. Those who are insane at the time of execution
  3. Minors at the time of the crime
  4. Those who rape without killing the victim
  5. Getaway drivers in felony murder cases
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a plain error?

A

An error affecting substantial rights that is appealable even if not objected to.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are Fifth Amendment Miranda rights?

A

The right to remain silent and the right to counsel.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When do Miranda rights attach?

A

Whenever there is a custodial interrogation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is required for a waiver of Miranda rights?

A

The waiver must be knowing, intelligent, and voluntary.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When does the Sixth Amendment right to counsel attach?

Study These Flashcards
A

When the defendant is formally charged.

25
What is the Fourteenth Amendment's due process related to confessions?
Applies when police engage in coercive conduct that overcomes the suspect's will.
26
What happens to an involuntary confession?
It and its fruits are not admissible for any purpose.
27
What is an accomplice in criminal law?
A person who assists or encourages the principal with the intent that the crime is committed. ## Footnote Mere presence at the scene is not enough to qualify as an accomplice.
28
Who is not considered an accomplice?
A victim of a crime or 'necessary party'. ## Footnote They do not assist in the commission of the crime.
29
What constitutes first-degree murder?
An intentional killing with premeditation and deliberation. ## Footnote Example: poisoning someone.
30
Define voluntary manslaughter.
An intentional killing in the heat of passion due to adequate provocation. ## Footnote Example: finding a spouse in bed with another person.
31
What is the majority view on adequate provocation?
Mere words do not count as adequate provocation. ## Footnote This reflects the common legal perspective.
32
What is second-degree murder?
A killing with malice but without premeditation. ## Footnote It can include cases where the defendant intends to kill in a fit of rage.
33
What is an accessory after the fact?
A person who knowingly assists someone who has committed a felony to avoid arrest, trial, or conviction.
34
What is felony murder?
A killing that occurs during the commission of a felony that is inherently dangerous. ## Footnote The death can occur during the felony, its attempt, or flight from it.
35
List some felonies that qualify for felony murder.
* Robbery * Arson * Rape * Kidnapping * Burglary
36
Define assault in criminal law.
An attempted battery or the intentional infliction of apprehension.
37
What is larceny?
The trespassory taking and carrying away of personal property of another with the intent to permanently deprive them thereof.
38
What differentiates larceny by trick from false pretenses?
Larceny by trick involves obtaining custody without title, while false pretenses involves obtaining title to the property with intent to defraud.
39
What is embezzlement?
The fraudulent conversion or misappropriation of property of another by one who is already in lawful possession of that property.
40
Define robbery.
Larceny plus a taking from another's person or presence by force or threat of force.
41
What is burglary?
Breaking and entering the dwelling of another at night with the intent to commit a felony or larceny therein.
42
What is mens rea?
The mental state or intent of the defendant while committing a crime.
43
What is required for a successful attempt charge?
The specific intent to complete the crime and a substantial step towards its completion.
44
What is conspiracy in criminal law?
An agreement by two or more people to commit a crime and an overt act in furtherance of the crime.
45
True or False: One can be convicted of both conspiracy and the completed crime.
True.
46
What is solicitation?
The specific intent that a crime be committed through requests, encouragement, or commands.
47
True or False: One cannot be convicted of solicitation and the completed crime.
True.
48
Define general intent.
The defendant is generally aware of what he is doing; motive is immaterial.
49
What is strict liability?
There is no mens rea; engaging in the act is sufficient for liability.
50
List examples of strict liability crimes.
* Statutory rape * Selling contaminated food * Littering * Vehicular traffic offenses
51
What is self-defense?
A defense available if the defendant reasonably believed force was necessary to avoid imminent unlawful force.
52
What must a defendant prove to use the insanity defense?
That he suffered a disease of the mind causing a defect of reason and lacked the ability to know the wrongfulness of his actions.
53
What is involuntary intoxication treated as?
The same as insanity.
54
What is a mistake of fact (MOF)?
A defense that can apply to specific intent crimes, whether reasonable or unreasonable.
55
True or False: Mistake of law (MOL) is generally a defense.
False.
56
What is the necessity defense?
Available if the defendant reasonably believed his conduct was necessary to prevent a greater harm.
57
What is duress in criminal law?
A defense if the defendant reasonably feared imminent death or serious bodily injury if he did not commit the crime.
58
True or False: Duress can be used as a defense to homicide.
False.

Bar Exam Study (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions