Criminal Law & Procedure Flashcards
7 cards from real LLM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law & Procedure flashcards as text
Under the MPC's definition of recklessness, what mental state must a defendant have?
Answer: Conscious disregard of a substantial and unjustifiable risk
MPC § 2.02(2)(c) defines recklessness as consciously disregarding a substantial and unjustifiable risk that a material element of an offense exists or will result.
Which doctrine allows a defendant's voluntary intoxication to negate specific intent but not general intent crimes?
Answer: Voluntary intoxication defense
The voluntary intoxication defense permits evidence of intoxication to negate the specific intent element of a crime but is generally unavailable for general intent offenses.
A grand jury in federal court operates under which evidentiary standard to return an indictment?
Answer: Probable cause
A federal grand jury must find probable cause to believe the accused committed the charged offense before returning a true bill of indictment.
Under Batson v. Kentucky, if a defendant makes a prima facie showing of racially discriminatory use of peremptory challenges, the burden shifts to whom?
Answer: The prosecution to provide a race-neutral explanation
After a Batson prima facie showing, the prosecution must articulate a race-neutral justification for each challenged strike, which the court then evaluates for pretext.
The corpus delicti rule requires which of the following before a defendant's confession may be used?
Answer: Independent corroborating evidence that a crime occurred
The corpus delicti rule prohibits conviction based solely on a confession; the prosecution must independently establish that the crime actually occurred.
Which exception to the Fourth Amendment's warrant requirement permits a warrantless search of a vehicle based on probable cause alone?
Answer: Automobile exception
The automobile exception, established in Carroll v. United States, allows warrantless vehicle searches when officers have probable cause to believe it contains contraband or evidence.
Felony murder liability for a co-felon is generally cut off when:
Answer: The felony has reached a point of immediate flight and the killing occurs after the felon reaches temporary safety
Under the res gestae rule, felony murder liability ends once the felon has reached a place of temporary safety following the underlying felony, breaking the causal chain.