Criminal Law - Essay Analysis

Front 1

Accomplice Liability

Back 1

CL distinguished between principals in the first and second degree, accessories before and after the fact; modern statutes have abolished these distinctions and hold that all parties to the crime (except accessories after the face) can be found guilty of the offense, if the accomplice acts w/ the intent to aid or encourage the principal in the commission of the crime. Any probable or foreseeable crimes committed during its commission

Front 2

Withdrawal of accomplice liability

Back 2

Accomplice must withdraw from the crime by repudiating any encouragement or neutralizing any assistance before it is committed.

Front 3

Conspiracy - liability of other's actions

Back 3

1) need conspiracy
2) and any act committed in the furtherance of the objectives of the conspiracy - *rape is a natural and probable consequence of the conspiracy

Front 4

Murder

Back 4

1) Intent - malice aforethought
2) Causation

Front 5

First Degree Murder

Back 5

First degree felony murder rule applies to offense of kidnapping and rape, both inherently dangerous felonies

Front 6

Second Degree Murder

Back 6

Intention, unjustified killing w/ malice aforethought but w/out premeditation or deliberation.

Front 7

Accomplice Liability

Back 7

CL distinguished between principals in the first and second degree, accessories before and after the fact; modern statutes have abolished these distinctions and hold that all parties to the crime (except accessories after the face) can be found guilty of the offense, if the accomplice acts w/ the intent to aid or encourage the principal in the commission of the crime. Any probable or foreseeable crimes committed during its commission

Front 8

Withdrawal of accomplice liability

Back 8

Accomplice must withdraw from the crime by repudiating any encouragement or neutralizing any assistance before it is committed.

Front 9

Conspiracy - liability of other's actions

Back 9

1) need conspiracy
2) and any act committed in the furtherance of the objectives of the conspiracy - *rape is a natural and probable consequence of the conspiracy

Front 10

Murder

Back 10

1) Intent - malice aforethought
2) Causation

Front 11

First Degree Murder

Back 11

1) First degree felony murder rule applies to offense of kidnapping and rape, both inherently dangerous felonies

2) Deliberate and premeditated killing - made the decision to kill in a cool and dispoassionate manner; D actually reflected on the idea of killing

Front 12

Second Degree Murder

Back 12

Intention, unjustified killing w/ malice aforethought but w/out premeditation or deliberation.

Front 13

Felony Murder

Back 13

1) A killing that occurs during the course of a felony is murder

2) The rule applies if death is a foreseeable result of the commission of kidnapping.

Front 14

Admissibility of Statements - 14th

Back 14

Must be voluntary - to satisfy DPC. Voluntariness is assessed by looking at the totality of the circumstances.

Front 15

Admissibility of Statements - Fifth - Miranda

Back 15

A suspect who is subject to custodial interrogation must be informed of and waive his consitutional rights or the resulting statement will be inadmissible in the proesecution's case-in-chief

Front 16

Admissibility of Statements - 6th

Back 16

Right to confront Ws - A D has the right to confront adverse Ws.

Front 17

Investitgative Detentions

Back 17

Police may briefly detain a person for investigative purposes if they have a reasonable suspicion supported by articulable facts

Front 18

Automobile Stops

Back 18

Police may stop a vehicle if they reasonably believe the stopped car violated a traffic law

Front 19

6th - Right to counsel

Back 19

D has the right to assistance of counsel after FORMAL charges have been filed.

Front 20

Is a roadside detention a formal charge i.e. critical stage in the proceedings?

Back 20

NO - roadside detention is not a critical stage to the proceedings, b/c there are no charges yet filed.

Front 21

Fourth - analysis

Back 21

1) State/ Gov't action
2) Reasonable expectation of privacy
3) Warrant?
4) no warrant - exceptions?

Front 22

Search Incident to Arrest (SIA)

Back 22

Lawful arrest required, and search limited to the arrestee's reach

Front 23

Automobile Exception

Back 23

If police have probable cause to believe that a car contains evidence of a crime or contraband, the police may search the vehicle itself is contraband, the vehicle may be seized from a public place w/out a warrant; police had report of recent robbery

Front 24

Right to Counsel at Line-up

Back 24

A suspect has a right to the presence of an attorney at any post-charge lineup or showup

Front 25

14th - Due Process standard at a line-up

Back 25

Accused can attack an identification as denying due process when the identification is unnecessarily suggestive and there is a substantial likelihood of misidentification; 1 on 1 confrontation may be unduly suggestive b/c only one person is shown tot he W, but is necessary for an immediate ID.

Front 26

Once right to counsel invoked

Back 26

Police may not resume questioning about any crime unless the accused initiates resumption of questioning

Front 27

Can a confession obtained in violation of Miranda be used to impeach accused's testimony?

Back 27

yes, why not.

Front 28

SIA - limited to:

Back 28

1) There must be a valid arrest supported by probable cause

2) can search any reachable area by the suspect (wing-span) - includes passenger compartments,

3) search conducted contemporaneously/ close in time to the arrest.

Front 29

Voluntary intoxication

Back 29

self induced intentional taking of a substance known to be intoxicating w/out duress. Voluntary intoxication evidence may serve to negate specific intent.

Front 30

Involuntary Intoxication

Back 30

intoxication is involuntary only if it results from the taking of an intoxicating substance i) w/out knowledge of its nature, ii) under direct duress imposed by another, or iii) pursuant to medical advice while unaware of the substance's intoxicating effect

Front 31

Diminished Capacity

Back 31

D entitled to partial defense where the proof shows that as a result of mental defect short of insanity, he did not have the particular mental state required.

Front 32

Validity of a search warrant

Back 32

must be issued by a neutral and detached magistrate, be based on probable cause established from facts submitted to the magistrate by a gov't agent upon oath or affirmation - decribe the place/item to be searched with particularity.