Criminal Law & Procedure Flashcards

Under the exclusionary rule, which doctrine allows evidence that is obtained illegally to be admitted if it would have been discovered through independent legal means?

Answer: The inevitable discovery doctrine

The inevitable discovery doctrine, established in Nix v. Williams (1984), allows illegally obtained evidence to be admitted if the prosecution can prove by a preponderance of the evidence that the evidence would have been discovered through lawful means, even without the illegal conduct.

Under the Sixth Amendment right to counsel, at which stage does the right to counsel first attach for a formal criminal prosecution?

Answer: At the initiation of formal adversarial proceedings (indictment, information, or arraignment)

Under Kirby v. Illinois (1972) and United States v. Wade (1967), the Sixth Amendment right to counsel attaches at the initiation of formal adversarial proceedings — indictment, information, arraignment, or preliminary hearing. The right does not attach during pre-charge investigations.

Defendant is charged with burglary after breaking into a home at night intending to commit theft, but is apprehended before taking anything. Under the common law, is the defendant guilty of burglary?

Answer: Yes, because common law burglary requires only breaking and entering a dwelling of another at nighttime with intent to commit a felony therein

At common law, burglary is complete upon the breaking and entering of a dwelling house of another at nighttime with the intent to commit a felony inside. The intended crime (here, theft) need not be completed — the intent alone at the time of entry is sufficient.

Under the common law felony murder rule, which of the following killings would NOT be covered by the rule?

Answer: A co-felon is shot and killed by a police officer during a bank robbery the defendant is committing

Under the agency theory of felony murder, used by most common law jurisdictions, the defendant is only liable for killings committed by the defendant or an agent of the defendant. When a victim or police officer (not an agent of the felon) kills someone — including a co-felon — most jurisdictions do not apply felony murder under the agency theory.

Under the Fourth Amendment, which is the primary exception that allows a warrantless search of a vehicle when it is lawfully stopped by police?

Answer: The automobile exception — if there is probable cause to believe the vehicle contains contraband or evidence of a crime

The automobile exception (Carroll v. United States, 1925) allows police to conduct a warrantless search of a vehicle if they have probable cause to believe it contains contraband or evidence of a crime. The rationale is the vehicle's mobility and the reduced expectation of privacy in vehicles.

Which of the following facts would support a finding of accomplice liability at common law?

Answer: The defendant provided assistance to the principal before the crime with knowledge that the principal intended to commit that specific crime

Accomplice liability at common law (aiding and abetting) requires: (1) the actus reus of assistance (aid, abet, counsel, or encourage) before or during the crime; and (2) the mens rea of intent to assist and intent that the principal commit the specific crime. Knowledge of the criminal purpose at the time of assistance is key.