Criminal Law/Procedure (from missed questions)

Question 1

Involuntary Act satisfied the actus reus requirement if:

Answer 1

1) D is aware of the condition that can result in involuntary action AND
2) Fails to take reasonable steps to prevent such actions

Question 2

4 Main Categories of Strict Liability Crimes:

Answer 2

1) Morality Crimes
2) Administrative Crimes
3) Regulatory Crimes
4) Statutory Rape

Question 3

4 Categories of Mens Rea under MPC:

Answer 3

1) Purposely
2) Knowingly
3) Recklessly
4) Negligently

Question 4

Superseding Intervening Cause

Answer 4

Unforeseeable Intervening Cause that absolves Defendant of liability if both the act and injury are unforeseeable

Question 5

Deprived Heart Murder

Answer 5

Reckless or grossly negligent conduct that creates an extreme risk to others and demonstrates a wanton indifference to human life

Question 6

Majority Rule: Co-Felon Liability

Answer 6

Agency/In furtherance approach = a co-conspirator is liable for all killings by co-felons

Question 7

Imperfect Self Defense

Answer 7

Used as partial defense to murder when Defendant is not entitled to the complete defense b/c of an honest but unreasonable mistake as to the necessity of D’s actions

Question 8

Valid Defense to Battery

Answer 8

1) Valid Consent
2) Self Defense/Defense of Others
3) Necessity

Question 9

Factual Impossibility

Answer 9

Occurs when Defendant is unable to complete a crime but if the facts had been what Defendant supposed them to be, the act would have been a crime (never a valid defense to attempt)

Question 10

Wharton’s Rule

Answer 10

If the target offense requires 2 or more people than a conspiracy charge cannot be brought.

Exception: If there are more people than necessary to complete the crime then a conspiracy charge can be brought

Question 11

Under the MPC, withdrawal is a defense to accomplice liability if the accomplice:

Answer 11

1) Renders his prior assistance to the perpetrator completely ineffective OR
2) Provides the police with a timely warning of the perpetrator’s plan or makes a substantial and proper effort to prevent the perpetrator from committing the crime

Question 12

Mistake Of Fact

Answer 12

Is a valid defense only if the mistake prevented Defendant from having the requisite mens rea for the crime

Question 13

A juvenile cannot be sentenced to:

Answer 13

Life without parole for non-homicide offenses

Question 14

There is no attempt to commit a crime where the state of mind is negligence

Question 15

Corporations do NOT have a 5th Amendment Right

Question 16

Third Party Doctrine

Answer 16

A person who freely shares info with a 3rd party has no reasonable expectation of privacy (Ex. Bank, Phone Companies, etc.)

Exception: Cell Phone Data Tracking

Question 17

Warrant

Answer 17

Based on probable cause and describes with particularity the thing to be seized and issued by a neutral/detached magistrate

Question 18

Probable Cause exists when:

Answer 18

1) The person in question has committed a crime OR

2) Specific Items relate to criminal activity can be found at that particular location

Question 19

Informant tip is sufficiently reliable when:

Answer 19

1) Credibility of Info
2) Reliability of Informant
3) Corroboration by police
4) Informant’s declaration of interest

Question 20

Warrantless Blood Test on drunk drivers are permissible only if:

Answer 20

1) Blood Alcohol content is dissipating AND

2) Some other factors pressing health, safety, and law enforcement needs

Question 21

MPC Test for Insanity

Answer 21

Combines M’Naughten Test and Irresisible Impulse Test (more modernized) and occurs when the defendant is insane if she lacked either the requisite cognitive ability or requisite behavioral ability

Question 22

Perjury

Answer 22

Specific Intent Crime

Defense = Defendant did not know his statement was false

Question 23

When a Defendant testifies @ a suppression hearing in order to establish standing, his testimony cannot be admitted against him at trial

Question 24

STILA (Search Incident to a lawful arrest): Police can search an arrestee’s vehicle if:

Answer 24

1) Arrestee has access to the vehicle compartments
2) Reasonable belief arrestee may destroy evidence or pose a danger to officers AND
3) Reasonable belief that the vehicle contains evidence of a crime

Question 25

5th Amendment Privilege does not apply if:

Answer 25

1) Witness was granted immunity
2) Privilege is waived OR
3) Incrimination is impossible

Question 26

Testimonial/Use Immunity

Answer 26

Protects witnesses from their testimony being used against them in a future proceeding

Exception = Does not apply to future prosecutions if it is for perjury or failing to comply to the order

Question 27

Derivative Use Immunity

Answer 27

Prohibits police from using evidence derived from the witness’s testimony against him in a criminal proceeding

In order for evidence to be admissible in a future trial, the police must prove it was derived from a source wholly independent of the testimony

Question 28

Violation of the “Knock And Announce” Rule

Answer 28

Does not justify excluding evidence related to the violation of this rule (Exclusionary Rule)

Question 29

Suspect is speaking to an undercover officer/confidential informant; is admissible if Miranda warnings are not read because a deliberate elicitation is allowed in the context of confidential informants

Question 30

Statements taken in violation of Miranda Rights is admissible to be used to impeach Defendant if he takes the stand

Question 31

Pre-trial Identification Procedures violate due process if Defendant can show:

Answer 31

1) Police intentionally made the ID unnecessarily suggestive AND
2) ID produced an irreparable misidentification that is unreliable

Question 32

No Right to Counsel @ a grand jury proceeding

Question 33

Double Jeopardy does NOT apply to grand jury proceedings

Question 34

D is not guaranteed the right to an in-person confrontation if:

Answer 34

1) There is an important public policy reason for excluding Defendant from the courtroom AND
2) Reliability of testimony is otherwise assured

Question 35

Defendant can prove affirmative defenses either by clear/convincing evidence or by preponderance of evidence

Question 36

Prosecution bears the burden of proving an alibi

Question 37

Writ Of Habeas Corpus

Answer 37

A person can challenge the lawfulness of their detention

Civil Challenge; No right to counsel

Question 38

Bench Trial

Answer 38

Double Jeopardy attaches when a jury is sworn in

Question 39

Jury Trial

Answer 39

Double Jeopardy attaches when the jury is sworn in

Question 40

Aerial Surveillance of Defendant’s Property with a plane or helicopter; surveillance must be greater than __ feet

Answer 40

400

Question 41

Checkpoint: To obtain information about a crime:

Answer 41

1) Checkpoint’s primary purpose is to help law enforcement investigate a crime and advance public concern
2) Cars are stopped in a neutral manner AND
3) Checkpoint minimally interferes with 4th Amendment Rights

Question 42

Exclusionary Rule does NOT apply to:

Answer 42

1) Grand Jury Proceedings
2) Civil Proceedings
3) Administrative Proceedings
4) Sentencing, bail, and parole hearing

Question 43

Illegal Evidence can be used to impeach a Defendant at trial

Question 44

Government CANNOT compel production of testimonial evidence like a journal

Question 45

A Defendant waives his 5th Amendment privilege when he takes the stand

Question 46

Transactional Immunity

Answer 46

“Blanket Immunity” protects witness from future prosecution for all crimes related to his testimony

Question 47

Grand Jury; Double Jeopardy

Answer 47

Does not apply; failure for one grand jury to issue an indictment does NOT preclude another jury from issuing an indictment for the same crime later on

Question 48

Actions that a grand jury can take pursuant to its investigatory powers:

Answer 48

1) Subpoena witnesses

2) Subpoena Documents

Question 49

Prosecution is required to disclose:

Answer 49

Material evidence that is exculpatory for the defense (including evidence that would impeach a prosecution witness) that is known to the prosecution or police

Question 50

Confrontation Clause only applies to witnesses that are offering testimonial evidence

Question 51

Testimonial Hearsay does NOT violate the Confrontation Clause if the Defendant has an opportunity to cross examine the declarant at a previous trial and the declarant is not available

Question 52

A person acts knowingly with respect to the nature of his conduct when he is aware that certain circumstances exist

Question 53

False Pretenses requires:

Answer 53

Specific Intent to defraud another by obtaining title to the property of another by an intentional false statement of past or existing fact

Question 54

Due Process requires a state to prove a crime beyond a reasonable doubt in criminal cases (the Defendant does not have the burden)

Question 55

The Judge has the constitutional obligation to raise the issue of competency

Question 56

Consent is valid where a parent has general access to a room occupied by a son/daughter (even if son/daughter is an adult)

Question 57

Continuing Trespass Doctrine

Answer 57

if a Defendant takes property with a wrongful state of mind but with an intent to steal and later while still in possession, forms the intent to steal it, the trespass involved in the initial wrongful taking is “continuing” and the Defendant is guilty of larceny

Question 58

Mere knowledge that a crime would result from aid is insufficient to charge a person as an accomplice

Question 59

If police have probable cause to arrest a person discovered on a premises, they may search him incident to a lawful arrest