Criminal Law & Procedure Flashcards

In federal law, a felony is generally an offense punishable by imprisonment for more than what period?

Answer: 1 year

Federal offenses punishable by more than one year are classified as felonies.

Which mental state is typically required for most Espionage Act-type offenses involving willful disclosure?

Answer: Knowledge or intent

Criminal liability generally requires a culpable mental state (mens rea) such as knowing or willful conduct.

For conspiracy under 18 U.S.C. 371, what is generally required?

Answer: An agreement between two or more persons and an overt act

Section 371 requires an agreement to commit an offense plus an overt act in furtherance.

What does the Fifth Amendment privilege against self-incrimination protect?

Answer: Against compelled testimonial statements that could incriminate oneself

The privilege bars compelling a person to give testimony that may incriminate them.

Under the plain view doctrine, an officer may seize an item without a warrant when:

Answer: The officer is lawfully present and its incriminating nature is immediately apparent

Plain view requires lawful presence/access and immediately apparent incriminating character.

Under federal wiretap law, recording a phone conversation is generally lawful when:

Answer: At least one party to the conversation consents

Federal law is a one-party consent rule, though some states require all-party consent.

The Fifth Amendment requires an indictment by which body for federal felony prosecutions?

Answer: A grand jury

Federal felony charges generally require a grand jury indictment unless waived.