Crim Pro/law

Front 1

What prohibits unreasonable searches and seizures?

Back 1

The fourth amendment, which is applicable to the states through the Due Process Clause of the Fourteenth Amendment, prohibits unreasonable searches and seizures.

Front 2

If the government conducts a warrantless search and the search is not within one of the recognized exceptions to the warrant requirement, any evidence found during the search will be suppressed under ____________________

Back 2

the Supreme Court’s exclusionary rule.

Front 3

Exceptions to a warrant requirement

Back 3

1. Search incident to arrest
2. Plain view
3. Automobile Exception
4. Stop & Frisk (reasonable suspicion)
5. Hot pursuit & evanescent evidence
6. Consent

Front 4

An arrest is ________________

Back 4

a seizure of the person (limited to searching the person or areas within the person’s wingspan)

Front 5

Police may arrest a person in a public place without a warrant if they have reasonable cause to believe ...

Back 5

a felony was committed and the person before them committed it, or if the person committed a misdemeanor in their presence.

Front 6

The police may size evidence or contraband that is in plain view and that is immediately apparent as evidence or contraband when

Back 6

they see such items in plain view from a place they are lawfully allowed to be

Front 7

Auto Exception

Back 7

If the police have probable cause to believe that the vehicle contains contraband or evidence, they may search the vehicle without a warrant

Front 8

When police stop a car, they may order the occupants out of the car, but they may not frisk the occupants unless

Back 8

they fear for their safety

Front 9

Generally, police may conduct a warrantless inventory search of any property taken

Back 9

into their custody. Such search must be done in good faith and pursuant to an established policy. The search may not be a pretext to investigate for evidence of a crime. The reasonableness of such a search arises from the important governmental interests of protecting the owner’s property, protecting the state against claims for damaging or losing such property, and guarding the police from danger.

Front 10

Valid warrant requirements:

Back 10

a. Probable cause
b. Preciseness/Particularity
c. Neutral and detached magistrate

Front 11

What guarantees freedom against self-incrimination

Back 11

1. The Fifth Amendment, which is applicable to the states through the Due Process Clause of the 14th amendment, guarantees a freedom against compelled self-incrimination

Front 12

To protect against this right,

Back 12

the SC requires police to inform detainees of their rights—via Miranda warnings—before conducting a custodial interrogation. The warnings are that the detainee has a right to remain silent, that anything he says can be used against him in court, that he has a right to an attorney, and that if he cannot afford an attorney, one will be appointed for him if he so desires.

Front 13

Statements obtained as a result of a custodial interrogation conducted without giving the warnings generally are ____________

Back 13

inadmissible

Front 14

Miranda warnings are not necessary when the interrogation is not _____________

Back 14

custodial

Front 15

A person is considered to be in custody if

Back 15

a reasonable person under the circumstances would feel that he is not free to leave

Front 16

A defendant can waive the right to remain silent and the right to an attorney by

Back 16

a voluntary and intelligent waiver

Front 17

Under Miranda, once a defendant indicates a desire to remain silent, questioning must

Back 17

cease, at least for a while.

Front 18

Fifth Amendment privilege does not extend to

Back 18

physical evidence

Front 19

If a defendant asks for an attorney, all questioning must

Back 19

cease until an attorney is provided unless the defendant himself initiates the conversation.

Front 20

Interrogation includes not only direct questioning, but also any

Back 20

police conduct designed to elicit a response.

Front 21

But, ordinary _________ questions do not constitute interrogation for purposes of Miranda

Back 21

booking

Front 22

An involuntary confession will be suppressed as a violation of

Back 22

the Due Process Clause of the Fourteenth Amendment

Front 23

Whether a confession is involuntary is determined

Back 23

under the totality of the circumstances

Front 24

Murder

Back 24

At common law, murder is the unlawful killing of a human being with malice aforethought.

Front 25

Malice can be shown by

Back 25

a. Intent to kill
b. Intent to inflict great bodily harm
c. A reckless indifference to an unjustifiably high risk to human life
d. The intent to commit a felony

Front 26

, if the defendant acts with adequate provocation—provocation that would arouse a sudden and intense passion in the mind of an ordinary person such as to cause him to lose self-control—the killing is reduced to ____________

Back 26

voluntary manslaugher

Front 27

The defendant’s act must be the proximate cause of

Back 27

the victim’s death; a but for test is applied (but for the defendant’s conduct, the victim would not have died)

Front 28

An intervening act will shield the defendant from criminal liability when the intervening act is mere

Back 28

coincidence or unforeseeable. The intervening act will then be deemed to be the actual proximate cause of the victim’s death.

Front 29

Battery is

Back 29

an intentional, unlawful application of force to the victim’s person

Front 30

Attempt

Back 30

At common law, attempt consists of a specific intent to commit a crime and an act in furtherance (a substantial step) of that intent

Front 31

The mens reas of attempt has two components:

Back 31

a. The intent to commit the acts or cause the result constituting the target crime
b. The intent necessary for the target crime

Front 32

Actus Reus under the MPC requires:

Back 32

a. An act constituting a substantial step in the courts of conduct intended to result in the crime
b. That the act be of strong corroboration of the defendant’s criminal purpose

Front 33

To convict on a charge of attempt to commit a particular crime, the state must prove that

Back 33

the defendant had the specific intent to commit the crime (logically impossible to be charged with attempted involuntary manslaughter [intent to commit a criminally negligent act])

Front 34

Accessory after the fact

Back 34

The elements of accessory after the fact include: a person, knowing another has committed a completed felony, renders aid to the felon personally to prevent apprehension, prosecution or conviction

Front 35

Solicitation

Back 35

Solicitation consists of inciting another to commit a crime with the specific intent that the person solicited commit the crime

If the person who is solicited agrees to commit the crime or actual attempts or completes the crime, the solicitation mergers with the conspiracy, attempt or completed crime

Front 36

Conspiracy

Back 36

Conspiracy requires an agreement, an intent to agree, an intent to pursue the unlawful objective, and an overt act in furtherance of the conspiracy

Front 37

Accomplice

Back 37

An accomplice is one who, with the intent that a crime be committed, aids or encourages another before or during the commission of a crime

Front 38

A person cannot be held liable for failing to report another’s planned criminal activity absent

Back 38

a duty to act

Front 39

Generally, it is no defense to an attempt charge that it would have been _________ impossible for the defendant to complete his plan.

Back 39

factually

Front 40

Legal impossibility

Back 40

arises only when the defendant does or intends to do an act that would not in fact be criminal

Front 41

Generally, deadly force may be used in self defense when the defendant is

Back 41

a. Without fault
b. Confronted with unlawful force
c. Threatened with imminent death or great bodily harm
d. (the threat must be a present one—there is no right to use deadly force when the attacker has no present ability to carry out the threat)

Front 42

Defense of Others

Back 42

A defendant may assert the defense of defense of others if it was reasonable to believe that the person defended had a right to use the force that the defendant used

Front 43

Defense of Necessity

Back 43

Is a defense to a criminal charge that the person engaged in the criminal conduct as a result of pressure from natural forces and that the person reasonably believed that the conduct was necessary to avoid greater harm

Front 44

Entrapment

Back 44

To succeed with an entrapment defense, it must be shown that:
a. The criminal design originated with the law enforcement officers
b. The defendant was not predisposed to commit the crime prior to the initial contact by the government
c. (merely providing an opportunity to commit the crime is not entrapment)

Front 45

Abandonment

Back 45

Traditionally, abandonment is not a defense to attempt. However, the MPC permit a defendant to avoid liability for attempt if she can prove:
a. The abandonment was entirely voluntary (not motivated by current circumstances)
b. The abandonment was complete (not a decision to postpone)