Criminal Law and Procedure

Question 1

Actus Reus

Answer 1

A physical act must be voluntary

Omissions: Liability for failure to act arises when there is a legal duty to act, knowledge of the need to act, and the ability to act.

Question 2

Specific Intent

Answer 2

Mens Rea

Intent to commit a particular crime (e.g., burglary, larceny).

Question 3

General Intent

Answer 3

Mens Res

Awareness of acting in a prohibited manner (e.g., battery, rape).

Question 4

Malice

Answer 4

Mens Rea

Reckless disregard of a substantial risk (e.g., murder, arson).

Question 5

Strict Liability

Answer 5

Mens rea

No intent required (e.g., statutory rape, regulatory offenses).

Question 6

Concurrence

Answer 6

The defendant must have the requisite mens rea at the time of the actus reus.

Question 7

Actual Cause

Answer 7

(But-For) The defendant’s conduct is the actual cause of the harm.

Question 8

Proximate Cause

Answer 8

The harm is a foreseeable result of the defendant’s conduct.

Question 9

Murder

Answer 9

homicide

Unlawful killing with malice aforethought.

Question 10

First-Degree Murder

Answer 10

Premeditation and deliberation.

Question 11

Second-Degree Murder

Answer 11

Depraved heart or intent to cause serious bodily harm.

Question 12

Voluntary Manslaughter

Answer 12

Homicide

Killing in the heat of passion

Question 13

Involuntary Manslaughter

Answer 13

Homicide

Reckless or criminally negligent killing.

Question 14

Assault

Answer 14

Attempted battery or creating apprehension of imminent harm

Question 15

Battery

Answer 15

Unlawful application of force.

Question 16

Kidnapping

Answer 16

Unlawful confinement and movement of a person.

Question 17

Rape

Answer 17

Non-consensual sexual intercourse by force or threat

Question 18

Larceny

Answer 18

Trespassory taking and carrying away of personal property with intent to permanently deprive.

Question 19

Embezzlement

Answer 19

Fraudulent conversion of property by one in lawful possession.

Question 20

False Pretenses

Answer 20

Obtaining title to property by intentional false statement.

Question 21

Robbery

Answer 21

Trespassory taking and carrying away of personal property with intent to permanently deprive (+) using force or threat.

Question 22

Burglary

Answer 22

Breaking and entering a dwelling at night with intent to commit a felony.

Question 23

Arson

Answer 23

Malicious burning of a dwelling.

Question 24

Solicitation

Answer 24

Inchoate crimes

Asking someone to commit a crime.

Question 25

Conspiracy

Answer 25

Inchoate crimes Agreement between two or more people to commit a crime, plus an overt act.

Question 26

Attempt

Answer 26

Inchoate crimes Intent to commit a crime and a substantial step toward completion

Question 27

Self-Defense

Answer 27

Justification defenses Reasonable belief in imminent harm and use of proportional force.

Question 28

Defense of Others

Answer 28

Justification defenses Reasonable belief that force is necessary to protect another.

Question 29

Defense of Property

Answer 29

Justification defenses Reasonable force to protect property.

Question 30

Necessity

Answer 30

Justification defenses Crime committed to prevent a greater harm.

Question 31

Duress

Answer 31

Excuse defenses Crime committed under threat of imminent death or serious harm.

Question 32

Insanity

Answer 32

Excuse defense Lack of mental capacity to understand the wrongfulness of the act (various tests: M'Naghten, Irresistible Impulse, MPC).

Question 33

Voluntary Intoxication

Answer 33

Excuse defenses Defense to specific intent crimes

Question 34

Involuntary Intoxication

Answer 34

Excuse defenses Defense to all crimes if it negates mens rea.

Question 35

Mistake of Fact

Answer 35

Excuse Defenses Honest and reasonable belief negating mens rea.

Question 36

Entrapment

Answer 36

Excuses Defense Government inducement of crime and defendant's lack of predisposition.

Question 37

Fourth Amendment

Answer 37

searches seizures

Question 38

Reasonableness Clause

Answer 38

Prohibits unreasonable searches and seizures.

Question 39

Warrant Requirement

Answer 39

Searches and seizures typically require a warrant based on probable cause.

Question 40

Exigent Circumstances

Answer 40

Exception to the warrant requirement Emergency situations.

Question 41

Search Incident to Lawful Arrest:

Answer 41

exception to the warrant requirement Search of arrestee and immediate surroundings.

Question 42

Consent

Answer 42

exception to the warrant requirement Voluntary and informed consent.

Question 43

Automobile Exception

Answer 43

exceptions to warrant requirement Probable cause to search a vehicle.

Question 44

Plain View

Answer 44

exceptions to warrant requirement Items in plain view of an officer who has a right to be in the position to see them.

Question 45

Stop and Frisk (Terry Stop)

Answer 45

Exceptions to warrant requirement Reasonable suspicion of criminal activity.

Question 46

Fruit of the Poisonous Tree

Answer 46

Exclusionary rule Evidence derived from illegal searches or seizures is inadmissible.

Question 47

5th Amendment

Answer 47

Self incrimination

Question 48

Miranda Warnings

Answer 48

Required when a person is in custody and subject to interrogation.

Question 49

Voluntariness

Answer 49

Confessions must be voluntary, not coerced.

Question 50

Double Jeopardy (Protection)

Answer 50

Cannot be tried twice for the same offense

Question 51

Double Jeopardy Exceptions

Answer 51

Separate sovereigns, mistrial, retrial after appeal

Question 52

Procedural Due Process

Answer 52

Fair procedures (notice and hearing).

Question 53

Substantive Due Process

Answer 53

Protection against arbitrary and capricious laws.

Question 54

6th amendment

Answer 54

right to counsel

Question 55

Critical Stages

Answer 55

Right to counsel at all critical stages of prosecution.

Question 56

Effective Assistance

Answer 56

Right to competent legal representation.

Question 57

right to a speedy trial

Answer 57

Factors: Length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

Question 58

Right to Confront Witnesses

Answer 58

Cross-Examination: Opportunity to confront and cross-examine witnesses.

Question 59

Right to a Jury Trial

Answer 59

Serious Offenses: Right to a jury trial in serious criminal cases.

Question 60

8th amendment

Answer 60

cruel and unusual punishment

Question 61

(8th amendment) Prohibition

Answer 61

Protects against excessive bail, fines, and cruel and unusual punishment.

Question 62

Death Penalty

Answer 62

Restrictions on imposition (e.g., cannot be imposed on minors or intellectually disabled individuals).