Criminal Law & Procedure Flashcards

Which of the following best describes the 'merger doctrine' as applied to common law felony murder?

Answer: The underlying felony must be independent of and collateral to the homicide to support felony murder liability

The merger doctrine bars felony murder when the predicate felony (e.g., assault) is an integral part of the homicide itself; the felony must be independent and collateral to the killing.

An investigative stop under Terry v. Ohio is constitutionally permissible when an officer has:

Answer: Reasonable articulable suspicion of criminal activity

Terry held that a brief investigative detention is lawful if the officer can articulate specific facts giving rise to reasonable suspicion that criminal activity is afoot.

Under the federal Sentencing Guidelines, 'relevant conduct' can increase a defendant's offense level based on:

Answer: Acts by co-conspirators in furtherance of jointly undertaken criminal activity

USSG § 1B1.3 requires courts to consider acts of co-conspirators in furtherance of jointly undertaken criminal activity as relevant conduct when calculating the offense level.

Which doctrine holds that if police have probable cause to search a lawfully stopped vehicle, they may also search any container within the vehicle that could hold the object of their search?

Answer: Ross doctrine

United States v. Ross extended the automobile exception to containers within the vehicle, allowing officers with probable cause to search any container that might conceal the item they are looking for.

A material false statement made under oath during a judicial proceeding satisfies which element of common law perjury?

Answer: The falsity element

Perjury requires that the false statement be objectively false (the falsity element), subjectively known to be false by the declarant (scienter), and material to the proceeding.

The 'constructive possession' theory in drug cases permits conviction when the defendant:

Answer: Has knowledge of the substance and the ability to exercise dominion and control over it

Constructive possession requires proof that the defendant knew of the substance's presence and had both the power and intent to exercise dominion and control over it.

Under the Strickland v. Washington two-prong test, a defendant claiming ineffective assistance of counsel must demonstrate deficient performance AND:

Answer: A reasonable probability that but for counsel's errors the outcome would have been different

Strickland's prejudice prong requires showing a reasonable probability—sufficient to undermine confidence in the outcome—that the result would have differed absent counsel's errors.