Criminal Law / Procedure

Question 1

Arson (common law)

Answer 1

1) malicious burning, 2) of the dwelling house, 3) of another

Question 2

Exclusionary Rule

Answer 2

Does not apply when the PO arrest or search someone erroneously, but in good faith, thinking that they are acting pursuant to a valid arrest warrant, search warrant or law. Prohibits introduction, at a criminal trial, evidence obtained in violation of a D’s 4th, 5th, or 6th amendment rights.

Deter improper PO conduct

Question 3

Fruit of the Poisonous Tree

Answer 3

Under the exclusionary rule, evidence obtained in violation of the constitution is generally inadmissible at trial as is any evidence derived from the unconstitutional conduct (i.e. FPT)

Question 4

Exceptions to the Exclusionary Rule

Answer 4

If discovery of the tainted evidence was inevitable

Question 5

The question of whether a D is competent to stand trial judges the D’s mental condition at the time of?

Answer 5

Offense and trial. D is incompetent to stand trial under the due process standard if, because of their present mental condition, they either 1) lack a rational as well as a factual understanding of the charges and proceedings or 2) lack sufficient present ability to consult with their lawyer with a reasonable degree of understanding

Question 6

Terry Stop based on Informer’s Tip

Answer 6

If the tip was accompanied by indicia of reliability.
* Reliability = informer is known by PO and has provided reliable tips in the past
* Anonymous tips can be reliable but must include more info than can be seen by a causal observer
* Predictive info

Question 7

Terry Stop

Answer 7

PO need only have reasonable, articulable suspicion that a crime is occurring, is about to occur, or has just occurred and that the person stopped is involved or might have evidence relating to the crime

Question 8

Accomplice Criminal Responsibility

Answer 8

Acocmplice is responsible for
* the crimes he did or counseled and
* for any other crimes committed in the course of committing the crime contemplated
* as long as the other crimes were probable or foreseeable

One who may not be convicted of being a principal may be convicted of being an accomplice

Question 9

Right to Counsel for 5th and 6th Amendments

Answer 9

D has the right to counsel
* 5th applies at all custodial interrogations
* 6th applies at all critical stages of a prosecution after formal proceedings have begun, including trial