Criminal Law / Procedure Flashcards
(69 cards)
1
Q
How long does the prohibition against questioning a detainee after they invoke Miranda rights last?
A
The entire time the detainee is in custody for interrogation purposes, plus 14 more days after detainee returns to normal life (which can include “normal life” in jail).
2
Q
What are the states of mind in which malice aforethought exists?
A
1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk to human life, or
4) the intent to commit a felony
3
Q
When can voluntary intoxication be a defense to specific intent crimes?
A
When it prevents the defendant from formulating the requisite intent
4
Q
When can one not raise a voluntary intoxication defense?
A
If you had the specific intent, then drank to strengthen nerve or loosen up
5
Q
What are the elements of assault in criminal law?
A
Either
- Attempt to commit battery OR
- Intent to place another in fear of imminent injury
6
Q
What are the four types of malice aforethought?
A
- Intent to kill (presumed if deadly weapon is used)
- Intent to commit grievous bodily injury
- Reckless indifference to human life
- Felony murder rule
7
Q
What is the general definition of murder (basic)?
A
An unlawful killing with malice
8
Q
What are the elements of voluntary manslaughter?
A
Killing with
- Reasonable provocation
- D was in fact provoked
- No time to cool off, and
- D did not in fact cool off
9
Q
What are the types of involuntary manslaughter?
A
- Gross negligence (disregard of substantial danger of serious harm/death) OR
- misdemeanor manslaughter
10
Q
What are the two common types/requirements for 1st Degree murder?
A
- with premeditation AND deliberation, OR
- Felony murder during dangerous felony
11
Q
What are the elements of embezzlement?
A
- Fraudulent conversion
- of personal property
- of another
- by one in lawful possession
12
Q
What are the elements of false pretenses?
A
- D knowingly makes
- false representation
- of past or present material fact
- which causes another to
- convey title
13
Q
What are the elements of robbery?
A
- same elements of larceny, and
- property taken from person or their presence
- through use of force or fear
14
Q
What are the elements of burglary?
A
- breaking and entering
- of dwelling house
- nighttime
- intent to commit felony therein
(if modern rule, can be any structure or time)
15
Q
What are the elements of arson?
A
- Malicious burning
- of a dwelling house
- of another
Modern rule: most structures and explosives count
16
Q
What are the elements of solicitation?
A
- Request or encourage
- another to commit a crime
- with intent they commit a crime
17
Q
What happens if the other person commits a crime they were solicited to commit?
A
The solicitation merges into the actual crime
18
Q
What are the elements of conspiracy?
A
- Agreement
- between two or more people
- intent to commit unlawful act
- Majority states require “overt act”
19
Q
When is a co-conspirator liable for acts of their co-conspirator?
A
- if acts were reasonably foreseeable and
- in furtherance of conspiracy objective
20
Q
Does conspiracy merge into the crime?
A
No–stays as a separate crime
21
Q
What are the elements of attempt?
A
- Intent to commit crime
- Affirmative act (must go beyond mere preparation)
- Merges into actual crime
22
Q
What defines an accomplice?
A
- Aids, abets, encourages principal
- in carrying out of a crime
- but doesn’t commit actual crime
23
Q
When is an accomplice liable for additional crimes of accomplices?
A
if they were foreseeable
24
Q
What are the elements of the M’Naghten test?
A
- D has mental disease
- Disease causes defect in reasoning, resulting in
- not understanding nature and quality of the act or
- knowing act was wrong
25
Elements of irresistible impulse test?
- D has mental disease
- D unable to control conduct due to disease
26
Elements of Durham test?
- Conduct is the product of mental illness (a but for test)
27
Elements of model penal code insanity test?
- D lacks substantial capacity to appreciate criminality of conduct
- D cannot conform conduct to requirements of law
28
What are the elements of the necessity defense?
- Reasonable belief that committing an act is
- necessary to avoid
- imminent and greater injury to society
29
What effect does mistake of fact have on liability?
Negates specific intent, and can negate general intent if the mistake is reasonable
30
What effect does mistake of law have on liability?
No effect--cannot serve as a defense
31
What is factual impossibility? Is it a defense?
D makes mistake about an issue of fact, it is no defense
32
What is legal impossibility? Is it a defense?
D thinks an act is a crime, but in reality it isn't.
This is a valid defense--no crime has been committed.
33
What is probable cause?
Reasonable belief that a law was violated
34
What are the exceptions to needing a warrant?
- Search incident to lawful arrest
- Plain view
- Automobile exception
- Consent exception
- Exigent circumstances
- Stop and Frisk
35
What rights does a defendant have to counsel under 5A/Miranda?
- Right to counsel if accused makes unambiguous request to invoke
- Police have to cease all questioning
36
When is double jeopardy applicable/attaches?
When jury is sworn in (for jury trial) or first witness is sworn in (for bench trial)
37
What is a 5A due process limitation on identifications?
Identifications cannot be unnecessarily suggestive
38
To which circumstances/events does the 6A right to counsel not apply?
- photo identifications
- handwriting ID's
- Fingerprints
- physical evidence
39
To which events/circumstances does 6A right to counsel apply?
- lineups
- show-ups
- sentencing
40
When does a criminal defendant get guaranteed a jury trial?
When charged with a serious offense with potential for 6+ months in jail
41
How can a D prove a jury is not a fair cross-section?
Show
- group excluded is distinctive
- # in representative group unreasonable compared to # in community
- and systematic exclusion
42
What is the exclusionary rule?
Prosecution can't use evidence if found in violation of D's 4th, 5th, or 6th Amendment rights
43
What are the main exceptions to the fruit of the poisonous tree doctrine?
- Evidence came from independent source
- Inevitable discovery
- Purged taint
44
For what purpose can excluded evidence from a criminal proceeding still be used?
- to impeach
- in civil, parole, or grand jury hearings
45
What is the good faith warrant exception?
Evidence is not barred under exclusionary rule if officers acted in good faith
46
How do you analyze whether a D's confession was voluntary?
- No police coercion
- Totality of the circumstances test
- Mental illness is irrelevant
47
Which classes of defendants can never be sentenced to death?
Mentally retarded or minor children
48
What are the inherently dangerous felonies?
BARRK
Burglary
Arson
Rape
Robbery
Kidnapping
49
What is the majority rule for felony murder as to liability for the death of a bystander by a police officer or by the victim?
Agency theory--D is not liable for the death in these circumstances
50
What are definitions of premeditation and deliberation?
Premeditation -- time to reflect upon idea
Deliberation - acted in cool/dispassionate manner
51
At common law, when does conspiracy occur?
The moment the agreement was made
52
What is required to constitute an overt act for conspiracy?
Very little--can be as little as preparation
53
Can someone be guilty for a unilateral conspiracy?
Yes--if only one party has criminal intent and agrees to do a crime with an undercover police officer, they can be liable under the modern view.
Not under common law--requires bilateral agreement
54
How can someone withdraw from a conspiracy?
Cannot withdraw after agreement/formation.
BUT they can withdraw for purposes of future crimes if:
- communicate withdrawal to all co-conspirators
- take an affirmative action to withdraw
55
How can an accomplice withdraw from a crime?
Can withdraw before crime is committed, but have to render any prior assistance ineffective.
56
What is a good mnemonic for exceptions to the warrant requirement?
SPACES
S - Search incident to lawful arrest
P - Plain View Exception
A - Automobile Exception
C - Consent
E - Exigent Circumstances
S - Stop and Frisk
57
To what type of conversations/interactions does Miranda apply?
Custodial interrogations
58
When is a suspect "in custody"?
If a reasonable person would believe that he is not free to leave
59
What constitutes interrogation under 5th Amendment?
Words or actions by police that they should know are reasonably likely to elicit an incriminating response from the subject
60
Once a suspect has unambiguously invoked Miranda rights, what can officers do?
Cannot re-Mirandize him unless there has been a sufficient break (14 days at least) in custody
61
What is the result when a suspect/accused unambiguously indicates he wishes to speak to counsel?
Police must cease all questioning until suspect talks to lawyer, and lawyer must be present for further questioning
62
When are statements considered testimonial?
When the circumstances indicate there is no ongoing emergency, and primary purpose of interrogation is to establish or prove events for future prosecution
63
When are statements considered nontestimonial?
When primary purpose of police interrogation is to deal with an ongoing emergency (e.g. 911 call)
64
When two defendants are jointly tried and one confesses, what rights does the other defendant have?
Right to prohibit use of that statement against themselves unless it can be redacted, or the co-defendant who confessed takes the stand and can be cross-examined.
65
When will co-defendants charged with the same crime have their trial severed?
Judge will sever if joint trial would cause substantial prejudice to a defendant
66
What requirement must a criminal defendant meet to bring an exclusionary rule challenge?
Must have standing
67
What is another name for the purged taint exception to exclusionary rule?
Sufficient number of additional factors intervening means the link is too tenuous
68
Is a confession by someone who is mentally ill admissible?
Yes
69
When a confession is the result of police coercion, can the prosecution use it?
Not during case in chief OR to impeach defendant (more restrictive than Miranda violation)
