Criminal Law and Procedure Flashcards

Under Missouri law, which mental state is required for first-degree murder?

Answer: Deliberation and premeditation

Missouri first-degree murder requires that the defendant deliberately and premeditatedly killed the victim, reflecting a specific, formed intent to kill.

Which defense claims the defendant lacked the mental capacity to understand the nature and wrongfulness of the act at the time of the offense?

Answer: Insanity defense

The insanity defense in Missouri follows the M'Naghten standard, excusing a defendant who, due to mental disease, could not understand the nature or wrongfulness of the act.

Miranda warnings are required before custodial interrogation. Which is NOT one of the four Miranda warnings?

Answer: Right to a jury trial

Miranda warnings cover the right to silence, use of statements against the suspect, right to an attorney, and appointment of counsel if indigent—not the right to a jury trial.

Which Missouri statute of limitations applies to most felony offenses?

Answer: 3 years

Under Missouri law, most felony prosecutions must be commenced within three years of the offense, though serious offenses like Class A felonies may have longer periods.

Under Missouri law, which level of intent is required for the crime of assault in the first degree?

Answer: With serious purpose of causing serious physical injury

Missouri first-degree assault requires that the defendant attempted to kill or knowingly caused or attempted to cause serious physical injury to another person.

Which doctrine imposes criminal liability on a defendant for the natural and probable consequences of a conspiracy?

Answer: Pinkerton liability

Under Pinkerton v. United States, a co-conspirator can be held liable for substantive crimes committed by other conspirators in furtherance of the conspiracy.