Mass Distinctions--Crim Law

Front 1

Inevitable discovery under the exclusionary rule

Back 1

Gov must prove with

"great specificity and detail that discovery was certain as a practical matter"

--also consider severity of constitutional violation
--also consider bad faith of police

Front 2

Additional exclusionary remedies under MA constitution

Back 2

Evidence excluded when:

1. unauthorized secret use of electronic surveillance devices

2. searches conducted incident to illegal arrest

3. deaf person's custodial right to interpreter

Front 3

Right to make phone call

Back 3

after being brought to police station, but not when already incarcerated


--no expectation of privacy if within obvious earshot of police

Front 4

consequences of police pursuit

Back 4

pursuit = seizure

1) requires reasonable suspecision to justify pursuit

2) Pursuit if:
- activate siren/flasshers
- impede d's passage
- control/direct d's speed
- command d to halt

Front 5

Evauation of informer's tip

Back 5

1. informant's reliability

2. informant's basis of knowledge

--weaknesses can be supplemented by indpendent corroboration by police

Front 6

Permissible police inquiry in routine traffic stop

Back 6

1. only license and registration unless grounds for further inquiry

2. can't request id from passenger unless objective basis for suspicion

Front 7

Reqs for roadblocks

Back 7

1. strong public interest

2. neutral guidelines

3. AND in MA conducted acording to plan devised in advance by law enforcement supervisory personnel

Front 8

automatic standing rule to contest legality of search and seizure

Back 8

D has automatic standing to contest legality of search and seizure WHEN

1. search and seizure took place and

2. possession of seized evidence is essential element of crime

(no requirement of reasonable expectation of privacy)

Front 9

req for routine inventory searches

Back 9

must follow specific and obvious policy

Front 10

Random urinalysis drug tests by state or instrument of state

Back 10

constitutionally prohibited unless

1) consent or

2) reasonable suspicion or

3) substantial government interest

Front 11

warrantless electronic surveillance

(wiretapping, eavesdropping)

Back 11

violates consitution if:

1) done in private home

2) with only consent of one party

3) done willfully

** can't be used to impeach or substantively

Front 12

blood samples

Back 12

If not charged, entitled to hearing

Must show probable cause that person commitec crime and
blood sample relevant

--if grand jury request, then ok if reasonabl basis

Front 13

How does MA courts determine voluntariness?

Back 13

Humane practice rule

1) determine whether statement voluntary at preliminary hearing w/out jury

2) then jury must be instructed not to consider confession if find unvoluntary

Front 14

confession subsequent to a miranda violation

Back 14

Presumption that statement is tainted

Can be overcome by showing:
1) break in stream of events between tainted and non-tainted statement
or
2) illegally obtained statement didn't incriminate defendant

**also consider wehther second confession was actually voluntary

Front 15

Can prosecution admit into evidence that d refused to submit to testing?

Back 15

No, bc constitutes compelled self-incrimination

Front 16

Defense to pre-trial identification

Back 16

Any unnecessarily suggestive identification is automatically excluded

Front 17

when is pretrial detention ok

Back 17

When judge finds that no condition of release will reasonably assure safety of other person or community, then must issue pretrial detention order

Front 18

safe harbor period of arrestee

Back 18

police only have six hours to question arrestee prior to arraignment UNLESS
waiver of right to arraignment without unreasonable delay

--all interrogation after 6 hours is inadmissible

Front 19

After warrantless arrest

Back 19

judicial determination of probable cause must be made within 24 hours unless extraordinary circs caused delay

Front 20

what rights does d and public have to be present in proceedings

Back 20

all critical stages including individual voir dire

--not prelminary voir dire where court hears requests of prospective jurors to be excused

Front 21

Jury req

Back 21

Criminal verdict must be unanimous

Front 22

when atty identifies self to police and wants to assist suspect

Back 22

Police have constitutional duty to stop the questioning of the suspect AND

immediately inform her of atty's offer of assistance

Front 23

effective assistance of counsel

Back 23

1. serious incompetency, inefficiency, inattention
falling measurably below that expected of ordinary lawyer AND

2) shortcomings deprived him of substantial ground of defense OR materially affected outcome

Front 24

rt to confront witnesses

Back 24

d has right to confront witness face to face

* must be able to see each other while testifying

Front 25

is d's confession enough to convict?

Back 25

No, some corroboratoin necessary to satisfy req of proof beyond a reasonable doubt

Front 26

when consciousness of guilt evidence presented

Back 26

court must instruct

1) cant convict on basis of evidence of flight or concealment alone

Front 27

transactional immunity

Back 27

Witness can't be prosecuted even if prosecutor can produce evidence from source independent of immunized testimony.

Front 28

felony v. misdemeanor

Back 28

1. felony if carries possible state prison sentence

2. misdemeanor has max of 2.5 yrs in house of corrections

Front 29

Limitation on accessory after the fact

Back 29

not for spouses, parents, grandparents, siblings, children, grandchildren

Front 30

Joint venture

1. relevance

2. reqs

Back 30

1. When in joint venture, d is guilty of crime of principal

2. reqs
(a) present at scene of crime
(b) share mental state required for crime with principal
(c) knowledge that he or another intends to commit crime, and
(d) by agreement willing and available to help if necessary
- can be inferred by actions

Front 31

felony for hire

Back 31

creime when one commits felony for payment or consideratoin OR
promise of payment

Front 32

Effect of accomplice testimony

Back 32

conviction can be based solely on accomplice testimony unless accomplice granted immunity

Front 33

Conspiracy reqs

Back 33

No overt act required.

1. unlawful objective, meaning
(a) strong probability that execution will cause significant harm to individual or public SO THAT
seriously contrary to public interest

(b) unlawfullness is substantial and clear

Front 34

co-conspirator liability

Back 34

conspirator not liable for crimes of co-conspirator UNLESS

accessory or joint venturer

Front 35

Threats

Back 35

statutory offense to threaten to commit crime agaisnt person or property of another

Front 36

diminished capacity defense

Back 36

No defense in MA

But, evidence not amounting to insanity is admissible to reduce 1st degree to second degree

Front 37

duty to retreat

Back 37

No duty to retreat from person unlawfully in dwelling.

Otherwise duty to retreat to wall

Front 38

viablefetus for purposes of murder adn vehicular homicide statute

Back 38

considered human being

Front 39

assault

Back 39

No requirement that victim be placed in apprehension or fear or bodily harm

Front 40

voluntary manslaughter elements

Back 40

1) intentional infliction of injury likely to cause death which causes death

2) lack of legal justification or excuse

* judicially defined as killing from sudden transport of passion or heat of blood on reasonable provocation AND without malice or on sudden combat

Front 41

Provocation for voluntary manslaughter

Back 41

words alone are not adequate provocation (unless inflammatory info such as discovering infidelity)

Front 42

Statutory crime for killing by drunk driving

Back 42

vehicular homicide by reckless or negligent operation of a vehicle while under the influence of an intoxicating substance

Front 43

First degree murder elements

Back 43

1) premeditated or deliberate

2) particularly vicious

3) commited in course of commission or attempted commission of felony punishable by death or life imprisonment

Front 44

Second degree murder

Back 44

1) all murder that is not first degree

2) unlawful killing with malice aforethought

3) first degree murder while voluntarily intoxicated

4) felony murder not puniwhable by death or life imprisonment

Front 45

When is co-felon liable for killings of co-felons

Back 45

Only liable when d or co-felon did the killing

**not liable when killed by police or victim

Front 46

kidnapping

Back 46

(1) forcibly or secretly confines or imprisons another w/in MA against will

OR

2) forcibly carries or sends person out of MA against will

Front 47

rape

Back 47

1) sexual intercourse

2) compels such person to submit by force and agsint will OR by threat of bodily injury

3) penetration required

Front 48

Larceny

Grand larceny

Back 48

1. Larceny includes
(a) stealing, false pretenses, embezzlement
(b) making delivering check, draft or order with knowledge of insufficient funds and intent to defraud

2. grand larceny when over 250

3. larceny of motor vehicle is felony

Front 49

Burglary

Back 49

Extended by statute to crime against property in general including vessels, ships, vehicles, railroad cars

Also criminal to enter withour breaking, in daytime, and with intent to commit misdemeanor

Front 50

1. breaking and entering

2. criminal trespass

Back 50

Both statutory offenses

1. intent to commit felony or misdemeanor therein

2. remains on premises after being forbidden to do so

Front 51

Arson

Back 51

includes one's own dwelling

includes putting flammable or explosive materials against building for purpose of setting fire to building

Front 52

Operating under the Influence

Back 52

operation of motor vehicle while under influence

--shifting gears is operation even if engine not running

Front 53

carjacking

Back 53

confine, maim or putting person in fear for purpose of stealing motor vehicle with intent to steal

* don't need to actually succeed in stealing

Front 54

computer crimes

Back 54

crime to knowingly gain access to computer system without authorization

Also crime to attempt or obtain commercial computer service by tampering, installing, false represntation, false statement etc.

Front 55

stalking

Back 55

1) wilfully and maliciously engage in knowing pattern of conduct or series of acts over period of time

2) directed at specificd person which seriously alarms or annoys that person

3) and would cause reasonable person to suffer substantial emotional distress

AND

4) make threat with intent to place person in imminent fear of death or serious bodily injury

Front 56

intimidation of witness

Back 56

unlawful to interfere through intimidation, force, threat of force

Front 57

compensation of crime victims

Back 57

victims of crimes (and dependents if dead) are eligible for compensation up to 25000.

Must have been promptly reported and result in injury