Criminal Law and Procedure

Question 1

Accomplice Liability

Answer 1

A person is guilty as an accomplice if they assist or encourage the principal with the intent to assist and the intent that the principal commit the offense.

Question 2

Murder

Answer 2

In order to be guilty of murder, the defendant must have the mens ready of malice aforethought. This is satisfied by showing an intent to kill, an intent to inflict great bodily harm, or a reckless disregard of an extreme risk to human life

Question 3

First Degree Murder

Answer 3

Intentional killing with premeditation and deliberation

Question 4

Second Degree Murder

Answer 4

Intent to inflict great bodily harm or acting with reckless disregard of an extreme risk to human life

Question 5

Felony Murder

Answer 5

A killing that occurs during the commission of a felony. The felony must be inherently dangerous and the purpose must be independent of the homicide

Question 6

Voluntary Manslaughter

Answer 6

An intentional killing without malice aforethought committed in the heat of passion due to adequate provocation

Question 7

Involuntary Manslaughter

Answer 7

There are two types of involuntary manslaughter : criminal negligence and unlawful act. Criminal negligence occurs when a death occurs due to a deviation from the reasonable person standard. Some states require a person to have had a subjective awareness of the risk of death. Unlawful act occurs when a death is the result of an unlawful act.

Question 8

Insanity

Answer 8

The majority of states use the M’Naghten test which requires the defendant to show they suffered a disease of the mind that caused a defect of reason and as a result they lacked the ability to know the wrongfulness of the action for understand the nature and quality of their actions

Question 9

Fourth Amendment Rule

Answer 9

The Fourth Amendment applies to searches and seizures conducted by government agents in areas where the defendant had a reasonable expectation of privacy

Question 10

Terry Stops and Frisks

Answer 10

The Fourth Amendment permits detention of an individual for a brief period of time if the police have “reasonable, articulable suspicion” that the individual has been involved in criminal activity

Question 11

Fourteenth Amendment Confession

Answer 11

A confession may be excluded under the Due Process Clause if the police subjected the suspect to coercive conduct, and the conduct was sufficient to overcome the will of the suspect

Question 12

Sixth Amendment- Right to Counsel

Answer 12

The Sixth Amendment as applied to the states through the Fourteenth Amendment provides that the accused has the right to counsel. It attaches when judicial proceedings have begun and applies to all critical stages of prosecution thereafter.

Question 13

Miranda Waiver

Answer 13

A suspect must make a knowing, intelligent, and voluntary waiver. It must be unambiguous and unequivocal.

Question 14

Duress Defense

Answer 14

A persona is not guilty of an offense, other than intentional homicide, if they can show they performed an otherwise criminal act under the threat of imminent infliction of death or great bodily harm.

Question 15

Plain View Exception

Answer 15

Under the plain view exception, an officer may make a warrant less seizure of evidence if the officer is in a place they are legally entitled to be, sees the evidence in plain view, and has probable cause to believe the evidence is related to the crime.

Question 16

Custody

Answer 16

A person in police custody must be given Miranda warnings. A person is in custody if their freedom to act is limited in a significant way.

Question 17

Interrogation

Answer 17

Miranda warnings must be given before a custodial interrogation. Any questions or conduct designed to elicit an incriminating response will be considered interrogation.

Question 18

Intervening Act

Answer 18

An intervening act will shield a defendant when the act is mere coincidence or unforeseeable

Question 19

Fourth Amendment Standing

Answer 19

Before a person can claim their fourth amendment right was violated, they must show they have standing. To have standing, they must show they had a reasonable expectation of privacy that was violated.

Question 20

Abandonment- Attempt

Answer 20

Abandonment is usually not a defense to attempt. In some jurisdictions though, it is recognized if it is done voluntarily and completely.

Question 21

Double Jeopardy

Answer 21

The fifth amendment provides the right to be free of double jeopardy for the same offense. Two crimes do not constitute the same offense if they each require proof of an additional element.

Question 22

Jury Instruction Presumptions

Answer 22

A mandatory presumption or a presumption that shifts the burden violates the fourteenth amendment. The state must prove each and every element beyond a reasonable doubt

Question 23

Larceny by False Pretenses

Answer 23

False pretenses requires obtaining title to the property of another by a knowingly false statement of fact with the intent to defraud. If no title is acquired, it is larceny by trick.