Intro To Crim Law
The four theories of punishment in criminal justice
The two possible circumstances where an individual can be charged with first degree murder
Force must match the level of threat is the idea of _____
Proportionality
A fair probability, based on the totality of the circumstances, that evidence will be found is:
Miranda warnings are only required when these two conditions are met:
"three strikes" laws are typically viewed as this type of punishment:
The amount of time necessary for premeditation/deliberation to form
"Twinkle of an eye"/effectively no time
A state that requires a person to safely avoid deadly force and escape applies the _____ doctrine/idea
Duty to retreat
Fruit from the poisonous tree
These two conditions are met for your 6th amendment rights to apply:
1) Attachment, and 2) Offense-specific
The only mens rea standard from the MPC that has a subjective AND objective portion
Recklessly
Which felonies qualify for the felony murder rule, e.g. are inherently dangerous felonies?
BARRK (Burglary, Arson, Rape, Robbery, Kidnapping)
By preponderance of evidence or clear and convincing evidence
The two prongs of the Gants test
1) Unsecured & Within Reach, and 2) Evidence of the Offense (give points if explained and not explicitly stated)
This landmark Supreme Court case incorporated the sixth amendment right to the states
Gideon v. Wainwright
Battery is a ____ crime under common law
General intent
People v. Knoller is an example of a ______ murder
Depraved Heart murder (second degree is correct, but don't accept this answer)
In all states, the right to use deadly force in one's home is to referred to as:
The Castle Doctrine
A person who raises a fourth amendment claim needs _____
Standing
What are the four different Miranda warnings?
1) Right to remain silent, 2) Anything you say can and will be used against you, 3) Right to an attorney, 4) If you cannot afford an attorney, one will be provided
The "money language" from the negligence standard
Should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct
What does HOPSAP stand for?
Heat Of Passion Sudden Adequate Provocation
What event that caused public backlash led to a reformation of the insanity defense?
John Hickley's assassination attempt on President Reagan
What was the recent Supreme Court decision on geofencing called, and what did they rule?
Chatrie v United States and geofencing constitutes as a fourth amendment search.
What are the two ways you can invoke your Miranda rights?
1) An unequivocal unambiguous request for an attorney (Edwards), and 2) An unambiguous assertion of the right to remain silent (McNeil)