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20 Cards in this Set
- Front
- Back
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Does a reasonable mistake of fact negate the state of mind of a statute that requires the D to "knowingly"?
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yes, ignorance or mistake of fact will affect criminal guilt only if it shows that D did not have the state of mind required for the crime.
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Will legal impossibility as to the underlying felony, be a valid defense as to burglary?
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Yes, D cannot be convicted of burglary if the act he intended to commit is not a felony, despite his belief that it is, therefore it cannot be said he acted with the itent to commit a felony.
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What are the elements for common law burglary?
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CL burglary consists of a breaking and entry of the dwelling house of another at nighttime, with the intent of committing acts constituting a felony.
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What is the elements for CL Assualt?
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An assualt is either (1) an attempt to commit a battery [specific intent] or (2) the intentional creation of a reasonable apprehension of imminent bodily harm [general intent]
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what does the Due Process clause of the 14th Amend. require for a confession to be admissible?
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it requires that the confession be voluntary, judged by the totality of the circumstances,e.g., duration and manner of interogation.
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Will a confession obtained without miranda justify excluding nontestimonial "fruits" of the confession?
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No, in contrast to involuntary confessions, one obtained without Miranda, so long as there wasn't coercion, would not be sufficient to exclude "fruit"
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What are the elements for CL receiving stolen property?
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(1) recieving possession and control (2) of stole personal property (3) known to have been obtained in a manner constituting a criminal offense, (4) by another person, (5) with the intent to permanentlt deprive the owner of his interest in the property. The property must be stolen, if recovered by police and later used in a "sting" it loses its stolen status, and cannot be the basis for the crime.
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How can a suspect effecively waive his Mirand rights?
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once given, a D may waive my subsequently making a confession, as long as the waiver is knowing, voluntary, and intelligent.
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Do police have a duty to inform suspects that an attorney is attempting to see them?
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No, and it has no bearing on whether he validly waived his miranda rights when confessing.
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What rights are implicated under the 6th Amend. when two persons are tried together and one has given a confession that implicates another?
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The right of confrontation under the 6th generally prohibits the use of the statement because the other D cannot compel the confessing co-D to take the stand for cross, b--cuz the 6th gives D the right in crim. trials to confront adverse witnesses.
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If a search warrant authorizes the police to search a dorm room for drugs and they find a person on the premises not named in the warrant, may she be searched?
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No, a search warrant does not authorize the police to search persons found on the premises who are not named in the warrant. But if the police have probable cause to arrest the person, they may conduct a warrantless search incident to an arrest or if they have PC to believe she has the object named in the search warrant.
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May the death penalty be imposed on B who only drove D to the store where D killed someone during the robbery?q
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No, the SC held that an accomplice who did not take or attempt or intend take a life or intent that lethal force be employed, cannot have the death penalty imposed under the felony murder rule under the 8th.
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Can a defendant be convicted of both kidnapping and false imprisonment arising from the same act/conduct?
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No, because false imprisonment is a lesser included offense of kidnapping, i.e., one that consist entirely of some, but not all, of the elements of the greater crime.
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What are the elements of kidnapping?
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(1) unlawful confinement of a person (2) against her will, and (3) either moving or concealing the person.
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When does the 6th Amendment right to counsel arise?
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It applies at all critical stages of a criminal prosecution, but does not apply in precharge custodial interrogations. The right is offense specific, and the fact that it attaches for one charge does not bar questioning without counsel for unrelated charges.
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Does the 5th Amendent right to counsel for custodial interrogations arise when being questioned by a jailhouse informant?
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No, if the D does not know that the informant is working for the police, because the coercive atmosphere of a police interrogation is not present if D is unaware of the informant's status.
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Under what theory will a co-felon NOT be convicted of felony murder in the death of a co-felon caused by a 3rd party during the crime?
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Under the theory that the killing of a co-felon by a innocent 3rd party during a crime is justifiable homicide.
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Can the police search of person on the premises, not named in the search warrant, without probable cause?
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No, a search warrant does not authorize the police to search persons found on the premises who are not named in the warrant. the 4th requires the police have PC to search the person
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What is required for a person to be convicted of accomplice liablity for a crime?
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To establish criminal liability under accomplice theory, D must have helped with the commission of the crime and had the intent to see the crime committed.
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When does the continuing trespass doctrine apply to larceny?
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ordinarily the intent for larceny needs to be concurrent with the taking, but under the continuing trespass theory, if D took the item with a wrongful state of mind, the trespassory taking "continued until he formed the intent to commit larceny (permanently deprive)
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