Criminal Law and Procedure Flashcards

Under Miranda v. Arizona, police must give Miranda warnings before custodial interrogation. A suspect is 'in custody' when:

Answer: A reasonable person in their position would not feel free to leave

Custody is determined by whether a reasonable person in the suspect's circumstances would feel free to terminate the encounter and leave.

In New York, the felony murder rule holds a defendant liable for murder if a co-felon kills during the commission of which type of crime?

Answer: An enumerated dangerous felony

New York's felony murder statute applies only when a death occurs during the commission of specific enumerated dangerous felonies such as robbery, burglary, kidnapping, and arson.

Under New York law, which mental state distinguishes second-degree murder from first-degree manslaughter?

Answer: Intent to kill versus recklessness causing death

Second-degree murder requires intentional killing; first-degree manslaughter requires intent to cause serious physical injury with death resulting, or reckless conduct under extreme emotional disturbance.

The Fourth Amendment exclusionary rule bars admission of evidence obtained through an unconstitutional search. Which of the following is an exception to the exclusionary rule?

Answer: All of the above

The exclusionary rule has several exceptions including inevitable discovery, good faith reliance on a warrant, and independent source, all of which allow otherwise tainted evidence to be admitted.

Under New York law, affirmative defense of duress requires that the defendant acted because of a threat of:

Answer: Imminent death or serious physical injury

Duress as an affirmative defense in New York requires that the defendant was compelled to act by the use or threatened imminent use of unlawful physical force that created a reasonable apprehension of death or serious physical injury.

A defendant is charged with larceny in New York. Grand larceny in the first degree requires that the value of the property stolen exceeds:

Answer: $1,000,000

Under New York Penal Law, grand larceny in the first degree requires that the value of the stolen property exceeds one million dollars.