Criminal Law Flashcards

Under the constitutional doctrine established in Apprendi v. New Jersey, any fact (other than a prior conviction) that increases the penalty beyond the prescribed statutory maximum must be:

Answer: Submitted to a jury and proved beyond a reasonable doubt

Apprendi held that any fact that increases a defendant's sentence beyond the statutory maximum must be charged, submitted to a jury, and proved beyond a reasonable doubt.

Defendant enters an open warehouse during business hours to steal copper wire and is arrested inside. Under common law, he is LEAST likely to be convicted of:

Answer: Burglary

Common-law burglary requires breaking and entering a dwelling house at nighttime; an open commercial warehouse during business hours lacks the necessary elements of a dwelling, nighttime, and breaking.

Which of the following correctly states the difference between murder and voluntary manslaughter?

Answer: Voluntary manslaughter is an intentional killing mitigated by adequate provocation that prevents prior deliberation

Voluntary manslaughter is an intentional killing that would be murder but for adequate provocation causing the defendant to act in the heat of passion without time to cool off.

George receives stolen goods knowing they are stolen. He is charged with receipt of stolen property. Which element does the prosecution NOT need to prove?

Answer: That George personally participated in the original theft

Receipt of stolen property requires knowing receipt of goods that are in fact stolen; the defendant need not have participated in the underlying theft.

A police officer asks a suspect 'Do you live here?' before making an arrest. The suspect answers 'No.' This statement is later used against him. The suspect's Fifth Amendment rights are MOST likely:

Answer: Not violated, because Miranda applies only to custodial interrogation and the suspect was not yet in custody

Miranda warnings are required only for custodial interrogation; a casual pre-arrest question before custody is established does not trigger the Miranda requirement.

Which of the following defendants has the STRONGEST argument that entrapment occurred?

Answer: A defendant who had no prior drug record and only agreed after months of repeated pressure and pleading by an undercover officer

Entrapment requires government inducement of a crime by someone not predisposed to commit it; persistent pressure on a person with no prior criminal history most strongly suggests government-induced predisposition.

Under the MPC's approach to self-defense, a defendant may NOT use deadly force if:

Answer: He was the initial aggressor and did not withdraw from the altercation

Under the MPC, an initial aggressor who has not withdrawn and communicated that withdrawal loses the right to use self-defense, including deadly force.