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59 Cards in this Set
- Front
- Back
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What is attempt
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"Attempt is an act, done with the intent to commit a crime, that falls short of completing the crime"
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Which intent does attempt require
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Specific
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What happens to attempt once a crime is complete
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it merges into the completed crime
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What is the status of abandonment as a defense to attempt
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It is recognized
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What is conspiracy
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Conspiracy is an agreement between two or more parties to commit a crime or to pursue an unlawful purpose
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Which intent does conspiracy require
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Specific
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When is the crime of conspiracy complete
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when the agreement is made
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What crimes are conspirators liable for
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all foreseeable crimes committed by a coconspirator in furtherance of the conspiracy
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What is the effect of withdrawing from a conspiracy
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"It avoids liability for future crimes, but not for past crimes. Withdrawing conspirator must notify all members of his intent to withdraw in time for them to abandon the plan and must attempt to neutralize any help he has already given"
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What happens to conspiracy once a crime is complete
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it merges into the completed crime
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What is solicitation
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Inciting another to commit a crime with specific intent that the person solicited commit the crime
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When is the crime of solicitation complete
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the moment the question is asked
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What can solicitation merge into
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"it merges into conspiracy, attempt, or completed crime"
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What is homicide
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"The unlawful killing of another with malice aforethought. Intent to kill is not required, but is sufficient, along with intent to commit great bodily harm, reckless indifference to human life, and intent to commit a dangerous felony."
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What is aggravated murder
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permeditated murders and felony murders
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What is assault
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What most states call battery is called assault in Ohio.
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What is simple assault
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Recklessly causing harm to another
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What is aggravated assault
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Knowingly causing harm to another
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What is negligent assault
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Negligently harming someone with a deadly weapon
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What is theft
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"In Ohio, larceny is subsumed within ""theft."" A person commits theft if he, with intent to deprive another of property or services, knowingly obtains property or services without consent."
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What is robbery
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"A taking accomplished by means of violence, possession of a deadly weapon, or threats of force"
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What is burglary
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"A person commits burglary if by force, stealth, or deception, he trespasses in an occupied structure when someone other than an accomplice is present with the intent to commit a criminal offense in the structure."
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How does the Ohio burglary requirement differ from MBE
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Ohio has done away with the nighttime and dwelling requirements
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What is kidnapping in Ohio
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"The movement or restraint of a person by means of force, threat, or deception, or the movement or restraint of a child under 13 by any means, to: (1) hold the victim for ransom, (2) facilitate a felony, (3) terrorize or physically harm the victim, (4) engage in sexual activity, or (5) obstruct a governmental function"
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Is intoxification a valid defense to murder
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No
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Is duress a valid defense to murder
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No
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Is infancy a valid defense to murder
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maybe
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What are the elements of self defense and is it an applicable defense to murder
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"Yes, it is an applicable defense. It is a valid defense only if the D, through no fault of his own, was confronted with unlawful force and was threatened with death or great bodily harm"
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Can deadly force be used to prevent a trespass or protect property
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"Generally, no"
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What are the affirmative defenses to crimes
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"abandonment, entrapement, mistake, necessity, defense of others"
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What is necessity
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Necessity is a defense when a person engaged in criminal conduct as a result of pressure from natural forces and that the person reasonably believed that the conduct was necessary to avoid a greater harm
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What is the fruit of the poisonous tree doctrine
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"Evidence obtained in an improper manner generally will be excluded from trial, and any evidence derived from the improperly obtained evidence will also be excluded, unless that police would have found the evidence anyway (inevitable discovery, causal chain was broken, independent source for obtaining the evidence). A D can seek exclusion only if he has standing."
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When does a D have standing to raise the exclusionary rule
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Only if his own constitutional rights were violated and he had a reasonable expectation of privacy in the place or thing searched or seized.
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What does the 4th amendment say
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"It requires searches and seizures to be reasonable - most have to be performed pursuant to a warrant issued by a neutral officer based on probable cause, judged from a totality of the circumstances , that contraband or evidence, fruits, or insturmentalities of a crime can be found at the place to be searched."
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Who does the 4th amendment apply to
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"Only the government, so private people, free from govt influence, are free to break into the home of another, take evidence, and turn it over the the police to be used as the basis for a search warrant"
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What must a valid search warrant contain
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"It must describe with particularity the place to be searched (street address) and the items to be seized (need not be all that specific, but the items must relate to the crime suspected)"
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When is a person considered under arrest
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If the SCt believes that a reasonable person under the circumstances would not feel free to leave (generally requires a showing of force)
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When can a Terry stop occur
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When an officer has reasonable articulable suspicion that criminal activity is taking place. The stop should be no longer than necessary to investigate the officer's suspicion
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When can an officer frisk during a Terry stop
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"If the officer has reason to believe the detainee is armed and dangerous, the officer may consudt an outer-clothing pat down and may seize anything that by it's plain feel the officer believes is a weapon or contraband"
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When can a pretextual traffic stop occur
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"If the police have an objectively valid reason for stopping a car, they may stop the car even if the real reason for the stop is that they have a hunch about criminal activity but lack the probable cause or reasonable suspicion required to make a stop on that ground."
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What can the officers do with the car passengers
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"The passengers may be ordered out, but cannot be searched unless there is probable cause for a search or the officer has reason to conduct a pat down (RS that the passenger might be armed)"
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What kind of searches can be performed without a warrant
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"plaint view, consent, stop and frisk, automobile searches, searches incident to arrest, administrative searches"
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When can an officer perform a warrantless plain view search
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"A police officer may seize any evidence, contraband, etc, that is within his plain view from a place the officer has a legal right to be."
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When can an officer perform a warrantless consent search
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If he has consent of one with apparent authority to consent and knowingly and intelligently gives consent
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When can an officer perform a warrantless automobile search not incident to an arrest
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"If the police have probable cause to believe that a vehicle contains contraband or fruits, instrumentalities, or evidence of a crime. Can search entire vehicle, including trunk, where items for which they have probable cause might be hidden. There is no contemporaneous requirement for this search."
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When can an officer perform an automobile search incident to arrest
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"If a person is arrested in his car or shortly after exiting his car, the police may search the entire passenger compartment of a car, but not the trunk. This search must be contemporaneous to an arrest."
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What can an officer search incident to an arrest
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The police can search a person after arrest and can also search the arrestee's wingspan
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What does miranda say
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Persons in custodial police interrogations by police must (1) be informed of their rights to remain silent and have an attorney and (2) warned that any statements they make can be used against them in court.
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What does custody mean
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Whether a person is in custody depends on whether his freedom of action is denied in a significant way. A traditional arrest or being ordered to sit in a squad car is custody. Voluntarily going to the police station or getting pulled over by the cops is not custody.
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What are the rights concerning bail
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There is a federal/state right to release on posting of bail in federal/state courts. Bail may only be denied in the case of serious crimes where releasing the D might endanger the public or make it likely that D will not appear at trial
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When can a judge close press access to a trial
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When the judge finds the closure necessary to achieve a fair trial
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When can a judge close press access to a hearing
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"When the judge finds an overriding interest likely will be prejudiced by a public hearing, but the closure must be no broader than necessary to protect the interest at issue."
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When can a guilty verdity be overturned
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If judge bias is shown
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Who can waive the jury
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"D. It can be waived in Ohio even if the prosecutor desires a jury, but D doesn't"
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When can D questions jurors directly on voir dire about race
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When race is an issue in the case
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What happens if a party uses facts or circumstances to raise an inference that exclusion (preemptory challenge) is based on race/gender.
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The opponent must offer a race/gender-neutral explanation. The court must then determine whether the race/gender-neutral reason is sincere.
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What must the judge do before a guilty plea is properly entered
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"Ensure that the D is advised on: the charge and its elements, the maximum possible penalty and any statutory minimum, the D has a right nto to plead guilty, but if he does he waives the right to a jury trial."
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"Which amendment applies the 4,5,6 to the states"
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14th
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When can police arrest in a public place with no warrant
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"If they have reasonable cause to believe a felony was committed and the person before them committed it, or if the person committed a misdemeanor in their presence."
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