Criminal Law and Procedure Flashcards

The mens rea element 'purposely' under the Model Penal Code means the defendant acted with what state of mind?

Answer: Conscious object to cause the result

Under the MPC, 'purposely' means the defendant's conscious object was to engage in the conduct or cause the result.

Under the Fourth Amendment, a warrantless search of a home is presumptively unreasonable unless which condition is met?

Answer: An exigent circumstance or recognized exception applies

Warrantless home searches violate the Fourth Amendment absent a recognized exception such as consent, exigency, or hot pursuit.

Miranda warnings must be given before custodial interrogation; custody exists when a reasonable person would believe what?

Answer: They were not free to terminate the encounter

Custody under Miranda is an objective test: whether a reasonable person in those circumstances would believe they were not free to leave.

Under the Double Jeopardy Clause, jeopardy attaches in a jury trial at which point?

Answer: When the jury is sworn in

In a jury trial, jeopardy attaches once the jury is empaneled and sworn, barring subsequent prosecution for the same offense.

The felony murder rule holds a defendant liable for murder when a death occurs during the commission of which type of offense?

Answer: An inherently dangerous felony

Felony murder imputes malice when a killing occurs during the commission of an inherently dangerous felony, even without intent to kill.

In New Jersey, aggravated assault causing serious bodily injury is classified as which degree of crime?

Answer: Second-degree crime

Under N.J.S.A. 2C:12-1(b)(1), aggravated assault that purposely or knowingly causes serious bodily injury is a second-degree crime.