Criminal Law & Procedure Flashcards

Under the Fourth Amendment, which test determines whether police conduct constitutes a 'search' requiring a warrant or justification?

Answer: The Katz test — whether the person had a subjective expectation of privacy that society recognizes as reasonable

In Katz v. United States (1967), the Supreme Court established that the Fourth Amendment protects people, not places. A 'search' occurs when the government intrudes on a person's reasonable expectation of privacy — meaning both a subjective expectation of privacy and one that society is prepared to recognize as reasonable.

Under Miranda v. Arizona, when must law enforcement officers give Miranda warnings?

Answer: Before questioning a person who is in custody and subject to interrogation

Miranda warnings are required only when there is both custody (freedom of movement restricted to the degree associated with formal arrest) and interrogation (express questioning or its functional equivalent). Both elements must be present.

Which of the following describes the mens rea element of first-degree murder at common law?

Answer: Malice aforethought, which includes premeditation and deliberation

At common law and under most modern statutes, first-degree murder requires malice aforethought with premeditation and deliberation — the intent to kill plus sufficient time to reflect on and decide to kill. Second-degree murder requires malice aforethought without premeditation and deliberation.

Under the double jeopardy clause, when does jeopardy 'attach' in a jury trial?

Answer: When the jury is empaneled and sworn

In jury trials, jeopardy attaches when the jury is empaneled and sworn. In bench trials, it attaches when the first witness is sworn. Once jeopardy attaches, the defendant has constitutional protections against being tried again for the same offense if acquitted or convicted.

Which of the following is a valid defense to a charge of larceny?

Answer: The defendant had a good faith claim of right to the property, even if the belief was mistaken

A good faith claim of right — a sincere belief that the defendant had legal title to or the right to possess the property — negates the specific intent required for larceny (intent to permanently deprive the owner of the property). Even a mistaken belief will negate the mens rea if genuinely held.

Under Strickland v. Washington, a defendant claiming ineffective assistance of counsel must prove:

Answer: That counsel's performance was deficient and that the deficiency prejudiced the defense

Strickland v. Washington (1984) established a two-prong test: (1) Deficiency — counsel's performance fell below an objective standard of reasonableness (strong presumption of adequacy); and (2) Prejudice — there is a reasonable probability that but for counsel's errors, the outcome would have been different.