Criminal Law & Procedure

Question 1

What is use and derivate use immunity?

Answer 1

Prevents the government from using self-incriminating testimonial communications against suspect in any way that could lead to a criminal prosecution

Question 2

What is transactional immunity?

Answer 2

Protects the suspect from being prosecuted for any crimes associated with self-incriminating testimonial communications

Question 3

What are the 3 elements of kidnapping under the MPC?

Answer 3

(1) intentional and unlawful confinement of another
(2) against the person’s will
(3) coupled with either moving or hiding the person

Question 4

For purposes of an attempt crime, what test does the common law apply to determine “overt act”?

Answer 4

Overt act = Defendant comes so close to completing the target offense that it is essentially unstoppable

Question 5

For purposes of an attempt crime, what test does the majority and MPC apply to determine “overt act”?

Answer 5

Overt act = Defendant’s conduct exceeds mere preparation and strongly corroborates Defendant’s criminal intent

Question 6

When should a court instruct the jury on a lesser included offense?

Answer 6

When, based on the evidence presented a trial, a rational jury could acquit Defendant of the charged offense but convict of the lesser offense

Question 7

What is the good faith exception to the exclusionary rule?

Answer 7

Illegally obtained evidence is admissible if:

(1) LEO relied in good faith on either a facially valid warrant or existing law at the time
and
(2) their reliance was objectively reasonable

Question 8

What are 3 requirements of a valid warrant?

Answer 8

(1) based on probable cause that evidence can be found at the premises to be searched

(2) issued by a neutral and detached magistrate

(3) with particularity regarding the place to be searched and the items to be seized

Question 9

When is a search of car permitted as an exception to the search warrant requirement?

Answer 9

When LEO has probable cause, may search anywhere in car they believe has contraband, including the trunk and locked containers

Note, only extends to containers and compartments that reasonably could hold evidence they are looking for

Question 10

What are the 4 factors to determine where curtilage area is protected?

Answer 10

(1) proximity of the area to the home

(2) whether area is included within an enclosure surrounding the home

(3) nature of the uses to which the area is put

(4) steps taken by the resident to protect the area from observation by passersby

Question 11

What are the 4 categories of intent under the MPC?

Answer 11

(1) purposefully: D acts purposefully when conscious objective is to engage in conduct or cause a certain result

(2) knowingly or willingly: D aware that his conduct is of nature required by the crime or circumstances required by the crime exist

(3) recklessly: D acts w/ conscious disregard of substantially and unjustifiable risk that material element of crime exists or will result from his conduct

(4) negligently: D fails to perceive a substantial or unjustifiable risk that material element of crime exists or will result from his conduct

Question 12

What are the 6 elements of larceny?

Answer 12

(1) trespassory (w/o consent)

(2) taking and

(3) carrying away (slight movement satisfies)

(4) personal property

(5) of another

(6) w/ intent to permanently deprive (present at the time of the taking)

Question 13

What are the 5 elements of false pretenses?

Answer 13

(1) obtaining title to property

(2) of another person

(3) through reliance of that person

(4) on known false representation of material fact or present fact

(5) representation made w/ intent to defraud

Question 14

What are the 5 elements of robbery?

Answer 14

(1) taking and carrying away

(2) the personal property of another

(3) from the person or their presence

(4) by force or intimidation

(5) w/ intent to permanently deprive

Question 15

What are the 4 elements of conspiracy under the common law?

Answer 15

(1) agreement

(2) b/w two or more persons

(3) to accomplish unlawful purpose

(4) w/ intent to accomplish that purpose

Question 16

What is the M’Naghten rule?

Answer 16

D is not guilty if because of mental illness, D did not know:

(1) nature and quality of unlawful act
OR
(2) wrongfulness of the act

Question 17

What is the irresistible-impulse test?

Answer 17

D not guilty if he lacked capacity:

(1) for self-control and free choice b/c mental disease prevented him from being able to conform conduct to law

Question 18

What is the Durham rule?

Answer 18

D not guilty if unlawful act was product of mental illness and would not have been committed BUT FOR the illness

Question 19

AWhat is the MPC test for insanity?

Answer 19

D not guilty if, at the time of conduct, D, as a result of mental illness did not have substantial capacity to appreciate wrongfulness of act or conform conduct to the law

Question 20

Under the common law, when is voluntary intoxication a defense to a specific intent crime?

Answer 20

Available as a defense if the intoxication prevents the formation of the required intent

Question 21

Under the MPC, when is voluntary intoxication a defense to a crime?

Answer 21

Defense for crimes where a material element requires a mental state that is purposely or knowingly and the intoxication prevents the formation of that mental state

Question 22

What are the 2 requirements for an attempt charge?

Answer 22

(1) substantial step taken towards the commission of a crime

(2) with the specific intent to commit the crime

Question 23

What are the 3 steps of the Batson test?

Answer 23

(1) moving party establishes a prima facie case of discrimination

(2) party who exercised the challenge provides a nondiscriminatory reason for the strike

(3) moving party carries burden of proving other party’s reason was pretextual

Question 24

What 4 mental states are included in “malice aforethought”?

Answer 24

(1) intent to kill

(2) intent to inflict serious bodily injury

(3) depraved heart: reckless indifference to an unjustifiably high risk to human life

(4) felony murder

Question 25

To prove murder, what 2 causations must be established?

Answer 25

(1) actual case: but for Defendant’s act, victim would not have died

(2) proximate cause: death was the natural and probable result of Defendant’s conduct

Question 26

To justify a warrantless search of a vehicle incident to arrest, what must be demonstrated?

Answer 26

(1) the arrestee was within reaching distance of the passenger compartment at the time of the search and could pose a safety risk or could destroy evidence

(2) it was reasonable that evidence of the offense of the arrest might be found in the vehicle