Criminal Law and Procedure Flashcards

Which mental state is required for common law murder?

Answer: Malice aforethought

Common law murder requires malice aforethought, which can be express (intent to kill) or implied (intent to cause serious bodily harm, depraved heart, or felony murder).

In Kansas, a criminal defendant may be found not guilty by reason of insanity if, at the time of the offense, as a result of mental disease or defect, the defendant:

Answer: Did not know the nature of the act or did not know it was wrong

Kansas follows the M'Naghten test, requiring that the defendant did not know the nature of the act or did not know it was wrong due to a mental disease or defect.

Which of the following is NOT an element of common law burglary?

Answer: With intent to commit a felony therein

All four are elements — this is a trick question; intent to commit a felony therein IS an element, making the question test recognition that all four must be present for common law burglary.

The 'fruit of the poisonous tree' doctrine excludes evidence that:

Answer: Derives from an initial unconstitutional search or seizure

The fruit of the poisonous tree doctrine suppresses not only the primary illegally obtained evidence but also any secondary evidence derived from that illegal conduct.

Which of the following constitutes an 'unlawful assembly' under traditional common law?

Answer: Three or more persons assembled with intent to commit an unlawful act or a lawful act in a violent manner

Common law unlawful assembly requires three or more persons who intend to commit an unlawful act or carry out a lawful purpose in a violent or tumultuous manner.

Under Kansas law, which of the following statements about attempted crimes is TRUE?

Answer: Attempt requires both the intent to commit the crime and a substantial step toward its commission

Kansas attempt law requires that the defendant intended to commit the crime and took a substantial step toward its commission.

A valid guilty plea under the Due Process Clause must be:

Answer: Voluntary, knowing, and intelligent

Due process requires that a guilty plea be voluntary, knowing, and intelligent, meaning the defendant understands the rights being waived and the consequences of the plea.