CLA/CP Criminal Law and Procedure Flashcards

What is 'actus reus' in criminal law?

Answer: The voluntary physical act or omission constituting the criminal conduct

Actus reus is the voluntary physical act or legally recognized omission that constitutes the conduct element of a criminal offense.

Under the Fourth Amendment, what is the evidentiary standard required to obtain a valid search warrant?

Answer: Probable cause supported by oath or affirmation

The Fourth Amendment requires warrants to be issued only upon probable cause, supported by oath or affirmation, and must particularly describe the place and items.

What is the purpose of an arraignment in criminal proceedings?

Answer: To formally charge the defendant and take their plea

At arraignment, the defendant is formally informed of the charges and enters a plea of guilty, not guilty, or no contest.

What is the 'good faith exception' to the exclusionary rule?

Answer: Evidence is admissible if officers reasonably relied on a warrant later found to be defective

Established in United States v. Leon (1984), the good faith exception allows evidence obtained by officers who reasonably and objectively relied on an ultimately invalid warrant.

What is the general legal standard for a valid claim of self-defense in most US jurisdictions?

Answer: The defendant must have reasonably believed force was necessary to prevent imminent harm

Self-defense generally requires that the defendant reasonably believed the use of force was immediately necessary to protect against imminent unlawful harm.

What is the legal effect of a 'nolo contendere' plea in a criminal case?

Answer: The defendant accepts the punishment without admitting guilt, and the plea cannot be used in a subsequent civil case

A nolo contendere (no contest) plea results in a criminal conviction but cannot be used as an admission of liability in a related civil proceeding.