Criminal Law and Procedure Flashcards

Under Miranda v. Arizona, police must advise a suspect of their rights before:

Answer: Custodial interrogation

Miranda warnings are required only when a suspect is in custody and subject to interrogation — not merely upon arrest or investigatory detention.

Which element distinguishes murder from voluntary manslaughter under common law?

Answer: The presence or absence of adequate provocation with heat of passion

Voluntary manslaughter is an intentional killing committed in the heat of passion upon adequate provocation, which negates the malice required for murder.

Under the Fourth Amendment exclusionary rule established in Mapp v. Ohio, illegally obtained evidence is:

Answer: Inadmissible in state and federal criminal proceedings

Mapp v. Ohio incorporated the Fourth Amendment exclusionary rule to the states, barring use of evidence obtained in violation of the Constitution in state criminal proceedings.

The felony murder rule imposes liability for murder when a defendant:

Answer: Causes a death during the commission of an inherently dangerous felony

Felony murder doctrine holds a defendant liable for murder if a death occurs during the commission or attempted commission of an inherently dangerous felony.

Under Florida law, a warrantless arrest in a home generally requires:

Answer: Consent or exigent circumstances in addition to probable cause

Florida follows the constitutional rule from Payton v. New York — a warrantless home arrest requires both probable cause and exigent circumstances or consent.

Which mens rea element requires conscious awareness and disregard of a substantial and unjustifiable risk?

Answer: Recklessly

Recklessness under the Model Penal Code requires conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care.