rules Flashcards

Question

larceny

Answer 1

-trespassory: nonconsensual -taking: removal from owner's possession into another's control -carrying away: any movement -of personal property -of another -with specific intent to permanently deprive owner of property

Answer 2

-fraudulent -conversion -of property -of another -by a person who is in lawful possession of property An intent to return the exact property that is converted, coupled with the ability to do so at the time that intent is formed, negates the intent to defraud required for conversion. But a mere intent to return similar property or the cash value of the property does not negate the requisite intent. ## Footnote C FLOP

Answer 3

-breaking: using force to create an opening into a dwelling -and entering: any body part or instrument of D -into the dwelling of another: need not be inhabited at time but can't be abandoned -at night: period of darkness between sunset and sunrise -specific intent to commit a felony therein does not merge

Answer 4

-larceny -force or intimidation: more force than to do the taking -from V or in his presence

Answer 5

-receipt of stolen property -knowledge property was wrongfully taken -intent to deprive owner of property

Answer 6

obtain title by deception

Answer 7

obtain possession by deception

Answer 8

-aids or abets a principal -prior to or during crime -intent for crime to be committed also on hook for crimes that are natural and probable consequences

Answer 9

-repudiation of prior act -undoing prior assistance -notifying police -before chain of events are in motion and unstoppable ## Footnote BURN

Answer 10

-aid felon to avoid apprehension -after felony committed -knew felony was committed

Answer 11

-agreement -2+ people -accomplish unlawful purpose -specific intent to agree and commit criminal objective -overt act in furtherance (majority, not needed in CL) no merger on hook for co-conspirator's crimes in furtherance of conspiracy ## Footnote AT USO

Answer 12

-can withdraw before conspiracy is formed and avoid all liability: communicate intent to all conspirators or inform law enforcement -can withdraw from conspiracy after overt act: thwart success -withdraw from conspiracy but limit liability for substantive crimes: inform other conspirators of withdrawal or timely telling police

Answer 13

-specific intent to achieve criminal act -substantial step OR dangerous proximity (CL) merger defs: legal impossibility and abandonment

Answer 14

-entices/encourages/asks another person -to commit a crime -with intent that other person does commit crime merger

Answer 15

-D's home w/ warrant -public place and witnesses felony or misdemeanor -public place and probable cause that felony was committed

Answer 16

RS that person engaged in or has engaged in criminal activity

Answer 17

ok if not for general crime prevention

Answer 18

RS or PC of traffic violation

Answer 19

-cannot violate reasonable expectation of privacy: possessory or ownership interest or -A search may also occur when the government physically intrudes upon private property for the purposes of obtaining information.

Answer 20

four factors -proximity of area to home -enclosure surrounding home -nature of uses to which area is put -if area is protected from observation by passerby

Answer 21

-sense-enhancing -not in use by general public -to learn something that would be otherwise unknowable without physical intrusion o Attaching a tracking device to a person without consent is a search; collecting cellsite location information from a wireless carrier to track a person requires a warrant o Physically intruding on a suspect’s property to install a technological device may be a search

Answer 22

-detached and neutral magistrate -PC -described with particularity the D/crime or places to be searched and items to be seized

Answer 23

reliable, known informant ok anonymous ok only if you also independently verify

Answer 24

G'S ESCAPE Good faith on defective search warrant Search incident to lawful arrest Exigent circumstances Stop and Frisk Consent Automobiles Plain View & protective sweep Evidence from administrative search

Answer 25

-can pat outer clothing of D for purposes of officer safety and seize anything immediately recognizable as contraband. RS of crime to sotp. cars: -lawful stop -frisk if RS of weapons in places where weapons would be if suspicion leads to PC, can arrest

Answer 26

-lawful arrest -contemporaneous search of arrestee and immediate surrounding area -->including glove compartments if D in reaching area

Answer 27

places adjoining of arrest in house where people may be hiding

Answer 28

-if they have PC that car has contraband -search any place of car that could contain contraband or evidence

Answer 29

-police lawfully present -criminal nature immediately apparent -the officer has lawful access to the item.

Answer 30

-hot pursuit of fleeing felon -danger of evidence destruction -public/police safety

Answer 31

must be voluntary

Answer 32

I Am Going Insane inevitable discovery attenuation good faith reliance on warrant or law Independent source

Answer 33

-custody: reasonable person would not feel free to leave or deprived of freedom -interrogation: questioning or conduct likely to elicit incriminating response --> govt informants or D doesn't know --> NOT interrogation

Answer 34

counsel: break in custody for 14+ days, then need fresh warnings and waiver silence: only if D was released and indicates desire to sepak

Answer 35

-exclude statements -can impeach w/ statements if D testifies -NOT physical evidence

Answer 36

-automatically applies -at critical stages of prosecution -after formal proceedings begin -offense specific note: photo arrays are not critical stages can't apply to preindictment line ups

Answer 37

There is a right to a jury trial for offenses that carry an authorized sentence of more than six months, regardless of the actual penalty imposed. There is a right to counsel where defendant is actually imprisoned or there is authorized sentence of more than a year.

Answer 38

-not offense specific -unequivocally invoke -must cease questioning until counsel arrives

Answer 39

-unnecessarily suggestive, or -substantial likelihood of misidentification

Answer 40

if: -testimonial statement -declarant is unavailable -no prior opportunity to cross W --> inadmissible codefendants: non-testifying codefendant statements are inadmissible against other defendant right to compel w's

Answer 41

must knowingly and intelligently waive right. judge must -inform of rights being waived -inform of possible sentences -immigration and collateral consequences -factual basis for plea -plea didn't occur from coercion, duress, threats ## Footnote CF RSV

Answer 42

-if D is not indigent, entitled to counsel of choice as long as --lawyer is properly admitted in jx -available in jx -no conflict of interest

Answer 43

entitled to rep yourself unless incompetent or untimely Competence: To be competent to stand trial, the defendant must understand the nature of the proceedings against him and the consequences of the proceedings. However, a defendant who is competent to stand trial may nevertheless be found incompetent to represent himself. not enough to not know legal knowledge to be incompetent untimely: how soon before trial?

Answer 44

due process: pre-accusation delay speedy trial, 6th amendment: delay between time of arrest/indictment and trial. balance factors: -length of delay -reason for delay -whether D asserted right to speedy trial -risk of prejudice to D

Answer 45

-fallen below objective standard of performance -resulting prejudice: reasonable probability of different result conflict of interest: representation of Ds with conflicting interests may amount to ineffective assistance of counsel; must show actual conflict and an adverse effect on counsel’s performance Actual conflict—occurs when a court determines that the defense attorney is subject to an obligation/unique personal interest that, if followed, would lead her to adopt a strategy other than that most favorable to the D Adverse impact—occurs when a plausible alternative strategy/tactic might have been pursued but was inherently in conflict with, or not undertaken, due to the attorney’s other loyalties or interests

Answer 46

someone whose acts/omissions are actus reus

Answer 47

voluntary. Police can lie but not about having a warrant. Totality of circumstances.

Answer 48

involuntary confessions always inadmissible. totality of circumstances test. official compulsion needed for involuntariness

Answer 49

due process right

Answer 50

Under the doctrine of transferred provocation, when a defendant accidentally kills the wrong person, he will be guilty of voluntary manslaughter if that would have been his crime had he killed the provoker

Answer 51

The death penalty cannot be imposed on an accomplice to felony murder who did not kill or intend to kill—unless the accomplice (1) significantly participated in the felony and (2) acted with reckless indifference to human life.

Answer 52

Double jeopardy does not prohibit a second prosecution for the same offense when (1) the defendant was convicted of a lesser offense at the first trial, (2) the second prosecution involves a greater offense, and (3) the facts necessary to prove that offense did not exist during the first trial. But the defendant must be indicted before the statute of limitations expires.

Answer 53

Impossibility is not a valid defense to attempt if the crime attempted is factually impossible. If, however, the act intended is not a crime (i.e., a legal impossibility), then the defendant is not guilty of attempt.

Answer 54

Purposely: requires that D had conscious objective to engage in the proscribed conduct. Subjective test. Knowingly: requires awareness that conduct is of a particular nature or will cause a particular result. Subjective test. Recklessly: requires conscious disregard of a substantial known risk. Subjective test. Negligently: requires failure to be aware of a substantial risk. Objective test.

Answer 55

unlawful taking of money by another by threat (CL: by govt official)

Answer 56

makes a false document of legal significance + intent to defraud

Answer 57

“Use” immunity prohibits only the use of the compelled testimony against the witness. If the government does prosecute the witness in such a case, the government has the burden to show that the compelled testimony did not provide an investigatory lead that was helpful to the prosecution. Transactional immunity is a legal protection that prevents a witness from being prosecuted for any crimes related to their testimony.

Answer 58

With respect to the sentence, generally only a jury is permitted to find a fact that serves to increase the maximum penalty that can be imposed for a crime. However, an exception exists if that fact is a prior conviction of the defendant.

Answer 59

A sentence of life imprisonment without the possibility of parole constitutes "cruel and unusual punishment" under the Eighth Amendment when the sentence is imposed for a non-homicide crime on a defendant who was a minor at the time that the crime was committed

Answer 60

Under the modern view, a heinous murder—ie, one that results from an especially egregious act, such as ambush, torture, bombing, terrorism, or poisoning—constitutes first-degree murder.

Answer 61

Under the third-party doctrine, individuals generally have no reasonable expectation of privacy in information voluntarily turned over to a third party, so a warrant is not required to collect such information. However, a warrant is required to collect historical cell-phone site-location data—even if it is held by a third party.

Answer 62

Mayhem usually requires a general intent to maim or cause bodily harm accompanied by an unlawful act of physical force that either permanently dismembered the victim or disabled the use of some part of their body.

Answer 63

1. Probable cause to detain * Must be held within 48 hours of arrest to determine PC * Fourth Amendment guarantees D right to be released if no PC * No remedy if detention is unlawful (other than exclusion of evidence) 2. Initial appearance—judge advises D of the charges and his rights and appoints counsel if the defendant is indigent; judge may also decide conditions of bail and accept a plea

Answer 64

no constitutional right to bail, but denial of or excessive bail must comply with Due Process Clause

Answer 65

* D exercises dominion and control over a prohibited object or substance * D is not required to be aware that possession of the object is illegal * Duration of possession—must be for a period long enough to have provided D with an opportunity to cease such dominion and control

rules Flashcards

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