Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
6 Cards in this Set
- Front
- Back
|
Can Court recover costs for appointed attorney?
|
Yes, if the court appoints an attorney to an indigent who later is able to pay, it can recover costs
|
|
|
If a judge denies right of D to represent himself, what result?
|
D will get the conviction overturned on appeal, because he is guarantee the right to represent himself
|
|
|
Guy conspires to robbery but has heart attack before it happens, but his friend robs the store anyway. Can he be tried for Robbery?
|
Yes, conspirators are liable for crimes their co-conspirators commit if "1) the crimes committed were in furtherance of the conspiracy and 2) such crimes were a natural and probable consequence of the conspiracy"
|
|
|
Is there any burden of proof on a D to prove a defense?
|
NO - that would be a violation of due process. The P must prove all elements of the crime beyond a reasonable doubt.
|
|
|
Is it Larceny if someone steals with intent to bring back, but changes mind later and wants to keep/destroy it?
|
Yes, pursuant to the "continuing trespass doctrine" a person has intent to commit larceny if he, after taking the property, decides that he wants to permanently deprive the owner of it.
|
|
|
May police search a random person who walks into a house that they are searching (pursuant to a valid warrant)
|
No, unless they have probable cause to think that the person committe a crime.
|
