General Mixed Questions Flashcards
(10 cards)
3 elements of an accessory after the fact:
- knows that the principal has committed a felony,
- aids or assists the principal after the felony is completed,
AND - does so to help the principal avoid apprehension or conviction.
The 5th amendment privilege against self incrimination prohibits the gov from compelling a D to
provide incriminating testimonial communications.
It does not protect against real or physical evidence.
The man with a limp can be asked to walk across the court room this does not violate the privilege against self incrimination.
Is an overt act necessary for conspiracy the same as a substantial step?
No, sub. step is a term applicable to attempt. Overt act only requires discernible evidence that a conspiracy was at work.
7 major exceptions to the warrant requirement? ESCAPES
- Exigent circumstances
o Search incident to arrest
o Consent
o Automobiles
o Plain view
o Evidence obtained from administrative searches
o Stop and frisk
A person exits a car that matched a description of car used in a crime.
The person is approached and searched without a warrant and arrested.
The person was not described as a suspect.
Is the arrest valid?
No a passenger’s mere presence with a criminal or in a suspicious vehicle is not enough to establish probable cause.
What does due process require that the prosecution prove? What burden of proof in criminal trial?
The prosecution must:
- prove every element of a crime
- Beyond a reasonable doubt.
This is true even when the D asserts a defense that negates an element of the crime.
Is consent a defense to kidnaping?
Yes, because the confinement element occurs when a person’s movement is restricted against their will.
The women agreeing to stay in the mans apartment is not kidnapped.
Criminal laws listing “knowledge” as a requisite mental state require proof that:
The D was aware that their conduct was of the nature required by the statute.
I.E. A seller of alcohol can not “knowingly” violate a law if he mistakenly believed the purchaser was 26 y/o.
Under the MPC test for insanity, what is the burden of proof, who has it?
Under the MPC:
- A defendant may put their mental state at issue, by producing some evidence they were legally insane at time of crime.
- IF this occurs, the burden is on the prosecution to prove SANITY beyond a reas. doubt.
- IF the prosecution fails to meet this burden, then the judge may grant a directed verdict for the defense.
When is consent a defense to a charged crime?
Consent is only a defense if it negates an element of a charged crime.
Shooting a terminally ill wife, because she consents is still murder.
