MBE Criminal Law/Pro - WTF

  1. The United States can criminalize conduct engaged in by a United States citizen _________. A state can punish its citizens for criminal conduct ________.
    anywhere in the world, that has some connection with the state
  2. What are the specific intent crimes under the common law?
    • Remember "FIAT:"
    •   First degree murder,
    •   In Choate crimes ("CATS" - conspiracy, attempt, and solicitation))
    •   Assault w/ intent to commit a battery
    •   Theft offenses (larceny, embezzlement, forgery, burglary, and robbery)
  3. A _________________ crime occurs when the defendant acted in a __________________ disregard of a high risk of harm.
    malice; reckless
  4. When a defendant acts with the intent to cause harm to one person and that act directly results in harm to another person, the defendant can be liable for the harm caused under the doctrine of ___________________________.
    Transferred intent
  5. A ______________________ is a person who assists the defendant after the crime has been committed.
    Accessory after the fact
  6. The _________ test requires that a defendant did not know either the nature of his act or that it was wrong. The _________ test requires that a defendant did not have substantial capacity to appreciate the wrongfulness of his act or to conform his conduct to the law.
    M’Naghten, Model Penal Code
  7. Under the _______________ approach, a person cannot withdraw from a conspiracy after an agreement has been made.
  8. First degree murder is a _________ crime; common-law murder is a _________ crime.
    specific intent, malice
  9. Robbery equals _________ plus _________.
    larceny, assault
  10. For a specific-intent crime, _________ mistakes of fact can be a defense. For a general intent crime, __________ mistakes of fact can be a defense.
    all; only reasonable
  11. Necessity is a defense available in response to ______________.
    natural force
  12. Common law larceny requires:
    the intent to permanently deprive the person who owns the property of the property that is taken. The intent to permanently deprive must be present at the time of the taking.
  13. The crime of larceny is:
    the trespassory taking and carrying away of the personal property of another (without his consent) with the specific intent to permanently deprive the owner of the property at the time of the taking.
  14. The crime of robbery is
    larceny by force or intimidation, taking the property from the person or in the presence of the victim. The force need not be great, but must be more than the amount necessary to effectuate taking and carrying away the property.
  15. The crime of "battery" is the:
    unlawful application of force to another person that causes bodily harm to that person.
  16. Assault is
    intentionally placing another in apprehension of imminent bodily harm. The victim’s apprehension must be reasonable.
  17. A conspiracy is
    an agreement to accomplish an unlawful purpose plus the intent to accomplish that purpose. The Model Penal Code (MPC) and the majority rule require a legal or illegal overt act in furtherance of the conspiracy.
  18. To prove a homicide, the prosecution must show that
    the defendant was the actual and proximate cause of the victim’s death. If the victim would not have died but for the defendant’s act, then the defendant’s act is the actual cause of the killing. To prove proximate cause, the death must be foreseeable. A defendant’s conduct is deemed to be foreseeable if death is the natural and probable result of the conduct. Actions by a third party (e.g., medical malpractice by the doctor treating the victim) are generally foreseeable.
  19. An initial aggressor gains the right to act in self-defense when
    an aggressor using non-deadly force is met with deadly force or the aggressor, in good faith, completely withdraws from the altercation and communicates this fact to the victim.
  20. Involuntary manslaughter is
    an unintentional homicide committed with criminal negligence or during an unlawful act. Criminal negligence is grossly negligent action that puts another person at a significant risk of serious bodily injury or death. It requires more than ordinary negligence for tort liability and something less than the extremely negligent conduct required for depraved-heart murder.
  21. Criminal negligence is
    grossly negligent action that puts another person at a significant risk of serious bodily injury or death.
  22. An accomplice is a
    person who, with intent that the crime be committed, aids or abets a principal prior to or during the commission of the crime. Mere knowledge that another person intends to commit a crime and mere presence on the scene are not enough to make a person an accomplice. The accomplice’s assistance to the principal may be verbal encouragement, financial assistance, or physical assistance, provided that the accomplice has the requisite intent to encourage or assist in the commission of the crime. An accomplice is responsible for the crime to the same extent as the principal.
  23. "Mens rea" is
    the requirement of a guilty mind or legally proscribed mental state that a defendant must possess to commit a crime. Except for strict liability crimes, a crime is committed when a criminal act (actus reus) is coupled with a guilty mind—both the mental and physical elements exist at the same time.
  24. ____________ crimes have no mens rea requirement and require only an actus reus.
    strict liability
  25. ____________  resolves suppression issues raised by a pretrial motion to suppress.
    The judge
  26. The primary remedy for evidence unlawfully seized is
    the “exclusionary rule,” which prevents the introduction at a subsequent criminal trial of evidence unlawfully seized. This remedy is judicially created, not constitutionally mandated. The remedy provided by the exclusionary rule generally applies to criminal trials; it does not apply in other court proceedings, including federal habeas corpus review of state convictions, grand jury proceedings, preliminary hearings, bail hearings, sentencing hearings, and proceedings to revoke parole.
  27. A person is seized by the police when
    the officer, by means of physical force or show of authority, terminates or restrains freedom of movement; there is no seizure without actual submission.
  28. A search occurs when
    governmental conduct violates a reasonable expectation of privacy. A search also may occur when the government physically intrudes upon private property for the purpose of obtaining information.
  29. What four factor test applies when determining whether an area is protected by the Fourth Amendment?
    i) The proximity of the area to the home;ii) Whether the area is included within an enclosure surrounding the home;iii) The nature of the uses to which the area is put; andiv) The steps taken by the resident to protect the area from observation by passersby
  30. A "seizure" occurs when an officer, by means of __________________ or  ___________________ intentionally terminates orrestrains the subject’s freedom of movement
    physical force; show of authority
  31. What are the major exceptions to the warrant requirement?
    • The 7 "ESCAPES" are:
    • Exigent circumstances
    • Search incident to arrest
    • Consent
    • Automobiles
    • Plain view
    • Evidence obtained from administrative searches
    • Stop and frisk
  32. There is a Sixth Amendment right to _________________for ___________________for which the authorized penalty is ______________of imprisonment.
    jury trial; serious offenses; more than six months
  33. The Fifth Amendment protects against
    compelled self-incrimination.
  34. The Fourth Amendment protects against
    unreasonable searches and seizures. The Fourth Amendment does not require police to obtain a warrant to search a vehicle if they have probable cause to believe that it contains contraband or evidence of criminal activity.
  35. The Sixth Amendment protects
    an accused’s right to “the assistance of counsel for his defense.” The Sixth Amendment right to counsel applies at all critical stages of a prosecution, after formal proceedings have begun. The right automatically attaches when the State indicts the defendant or brings formal charges. However, the Sixth Amendment right to counsel generally does not apply to certain “noncritical stages,” such as photo identifications or pre-indictment eyewitness identifications.
  36. The Fourth Amendment limits governmental action; it does not
    restrict the acts of private parties unless the private person is acting as an “instrument or agent of the government.” The Fourth Amendment applies only to searches and seizures conducted by police or someone acting under police direction.
  37. Sentencing a defendant to death for a crime committed while a minor violates the
    Eighth Amendment's prohibition on cruel and unusual punishment.
  38. What is the two-part test for establishing ineffective assistance of counsel?
    • (i) the representation of a defendant by the defendant's attorney must fall below an objective standard of reasonableness, and
    • (ii) the attorney's deficient performance prejudiced the defendant.
  39. n order to justify a warrantless search of an automobile incident to arrest, the Fourth Amendment requires that law enforcement demonstrate
    either (i) that the arrestee is within reaching distance of the passenger compartment at the time of the search and, as a result, may pose an actual and continuing threat to the officer’s safety or a need to preserve evidence from being tampered with by the arrestee or (ii) that it is reasonable that evidence of the offense of arrest might be found in the vehicle.
  40. Impossibility is not a defense to attempt if
    the crime attempted is factually impossible to commit due to circumstances unknown to the defendant.
  41. Legal impossibility is
    a defense if the act intended is not a crime; the defendant cannot then be guilty of attempt.
  42. Specific intent crimes require that
    the defendant possess a subjective desire, specific objective, or knowledge to accomplish a prohibited result.
  43. M’Naghten test, a defendant is not guilty if:
    because of a defect of reason due to a mental disease, the defendant did not know at the time either the nature and quality of the act or the wrongfulness of the act.
  44. Voluntary manslaughter is
    murder committed in "the heat of passion," that is, in response to adequate provocation.
  45. The crime of false pretenses requires
    obtaining title to the property (including money) of another person through the reliance of that person on a known false representation of a material past or present fact, when the representation is made with the intent to defraud.
  46. Larceny by trick occurs when
    the defendant fraudulently induces the victim to deliver possession of the property to the defendant.
  47. At common law, for the crime of conspiracy to be completed, all that is required is:
    • (i) an agreement,
    • (ii) between two or more persons,
    • (iii) to accomplish an unlawful purpose,
    • (iv) with the intent to accomplish that purpose.
  48. An accessory after the fact is a person who
    aids or assists a felon in avoiding apprehension or conviction after commission of the felony. An accessory after the fact must know that a felony was committed, act specifically to aid or assist the felon, and give the aid or assistance for the purpose of helping the felon avoid apprehension or conviction.
  49. To legally withdraw (and therefore avoid liability for the substantive crime), an accomplice must
    (i) repudiate prior aid, (ii) do all that is possible to countermand prior assistance, and (iii) do so before the chain of events is in motion and unstoppable. A mere change of heart, a flight from the crime scene, an arrest by law enforcement, or an uncommunicated decision to withdraw is ineffective.
  50. Under the common law, depraved heart murder is
    an unintentional killing committed with reckless indifference to an unjustifiably high risk to human life.
  51. Miranda warnings and custodial interrogations:
    A suspect must be informed of his Miranda rights before a custodial interrogation. Custodial interrogation is questioning initiated by law enforcement officers after a person has been taken into custody. A person is in custody when he is not free to leave or is otherwise deprived of his freedom in any significant way.
  52. Murder requires that the defendant act with
    malice in causing the death of another human being. One of the ways in which malice can be established is through proof of a reckless indifference to an unjustifiably high risk to human life (i.e., a depraved-heart murder).
Card Set
MBE Criminal Law/Pro - WTF
MBE Criminal Law and Procedure WTF