Paralegal Certification (CP / CLA) Criminal Law and Procedure Syllabus

What are the three inchoate (incomplete) crimes?

Attempt, solicitation, and conspiracy. They criminalize conduct directed toward completing a crime even if the target crime is never completed.

What are the elements of a criminal attempt?

(1) The specific intent to commit the target crime, and (2) a substantial step (or overt act beyond mere preparation) toward its commission.

What is criminal solicitation?

Asking, encouraging, advising, or commanding another person to commit a crime, with the intent that the person commit it. The crime is complete once the request is made, regardless of the other's response.

What are the elements of conspiracy?

(1) An agreement between two or more persons to commit a crime, (2) intent to enter the agreement and to achieve the unlawful objective, and (most jurisdictions) (3) an overt act in furtherance of the conspiracy.

Under the Pinkerton rule, what is a co-conspirator's liability?

A conspirator is liable for all crimes committed by co-conspirators that were reasonably foreseeable and committed in furtherance of the conspiracy.

Distinguish a 'principal' from an 'accomplice' (accessory) in parties to a crime.

A principal directly commits the offense. An accomplice (aider/abettor) assists, encourages, or facilitates the crime and is generally liable to the same extent as the principal. An accessory after the fact helps a known offender avoid arrest or punishment after the crime.

Which constitutional amendment protects against unreasonable searches and seizures, and what does it require for a warrant?

The Fourth Amendment. A valid warrant must be supported by probable cause, be issued by a neutral magistrate, and particularly describe the place to be searched and the persons or things to be seized.

What is the legal standard of 'probable cause' for a search or arrest?

A reasonable belief, based on the totality of the circumstances, that a crime has been (or is being) committed or that evidence of a crime will be found in the place to be searched. It is more than reasonable suspicion but less than proof beyond a reasonable doubt.

What is the 'exclusionary rule'?

A rule (Mapp v. Ohio) that prohibits the use of evidence obtained in violation of the Fourth Amendment in a criminal prosecution against the defendant.

What is the 'fruit of the poisonous tree' doctrine?

Evidence derived from an illegal search, seizure, or interrogation is also inadmissible. Exceptions include independent source, inevitable discovery, and attenuation.

List the major exceptions to the search warrant requirement.

Consent, search incident to lawful arrest, automobile exception, plain view, stop and frisk (Terry), exigent circumstances (hot pursuit/destruction of evidence), and inventory searches.

What did Terry v. Ohio establish regarding stops and frisks?

Police may briefly stop a person based on reasonable suspicion of criminal activity, and may conduct a limited pat-down (frisk) for weapons if they reasonably suspect the person is armed and dangerous.

What is the legal standard of 'reasonable suspicion'?

A particularized and objective basis, supported by specific articulable facts, for suspecting a person of criminal activity. It is a lower standard than probable cause.

Which amendment protects against compelled self-incrimination, and what is its core protection?

The Fifth Amendment, which provides that no person 'shall be compelled in any criminal case to be a witness against himself,' protecting against being forced to give testimonial evidence that is self-incriminating.

What are the Miranda warnings that must be given before custodial interrogation?

The right to remain silent; that anything said can be used against you in court; the right to an attorney; and the right to have an attorney appointed if you cannot afford one.

When are Miranda warnings required?

Only when a suspect is subject to custodial interrogation—that is, questioning (or its functional equivalent) initiated by law enforcement after the person has been taken into custody or significantly deprived of freedom.

What is the 'public safety' exception to Miranda?

Established in New York v. Quarles, it allows police to question a suspect without Miranda warnings when there is an immediate threat to public safety, and the answers remain admissible.

What did Gideon v. Wainwright establish about the right to counsel?

The Sixth Amendment right to counsel is fundamental and applies to the states through the Fourteenth Amendment, requiring states to provide an attorney to indigent defendants in felony cases.

At what point does the Sixth Amendment right to counsel attach?

At the initiation of adversarial judicial proceedings—i.e., at or after formal charging (indictment, information, arraignment, or preliminary hearing). It is offense-specific.

What is the standard for ineffective assistance of counsel under Strickland v. Washington?

A defendant must show (1) counsel's performance was deficient (fell below an objective standard of reasonableness), and (2) the deficient performance prejudiced the defense (a reasonable probability the outcome would have differed).

What does 'procedural due process' guarantee in criminal cases?

That the government must follow fair procedures—such as notice of charges, a fair and impartial tribunal, the opportunity to be heard, and proof beyond a reasonable doubt—before depriving a person of life, liberty, or property.

What is the prosecution's disclosure obligation under Brady v. Maryland?

The prosecution must disclose to the defense all material exculpatory evidence (favorable to the accused and material to guilt or punishment). Failure to do so violates due process.

Which amendment contains the Double Jeopardy Clause, and what three protections does it provide?

The Fifth Amendment. It protects against (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense.

Under the Blockburger 'same elements' test, when are two offenses considered the 'same' for double jeopardy?

Two offenses are not the same if each requires proof of an element the other does not. If each statute has a distinct element, they are separate offenses and double jeopardy does not bar prosecution for both.

What is the 'dual sovereignty' doctrine in double jeopardy?

Separate sovereigns (e.g., a state and the federal government, or two different states) may each prosecute a defendant for the same conduct without violating double jeopardy, because each derives authority from a different source.

What is an initial appearance (arraignment on the complaint)?

The defendant's first court appearance after arrest, where the judge informs the defendant of the charges and rights, addresses bail/release conditions, and (for misdemeanors) may take a plea. It must occur without unnecessary delay.

What is the purpose of a preliminary hearing?

A pretrial proceeding where a judge determines whether there is probable cause to believe the defendant committed the charged crime, justifying the case proceeding to trial. It serves as a screening function.

What is the difference between an indictment and an information?

An indictment is a formal charge issued by a grand jury (required for federal felonies). An information is a formal charge filed directly by a prosecutor, used in jurisdictions that do not require grand jury indictment.

What is the function of a grand jury, and what standard does it apply?

A grand jury investigates and determines whether there is sufficient probable cause to formally charge (indict) a suspect. It does not decide guilt; proceedings are secret, one-sided (no defense), and require only probable cause to return a 'true bill.'

What is 'prosecutorial discretion' in charging decisions?

The prosecutor's broad authority to decide whether to file charges, what charges to bring, whether to offer a plea bargain, and whether to dismiss a case, based on factors like evidence strength and public interest.

What is plea bargaining, and what are its two main types?

A negotiated agreement where the defendant pleads guilty in exchange for concessions. The two main types are charge bargaining (pleading to a lesser/fewer charges) and sentence bargaining (pleading guilty for a lighter sentence recommendation).

For a guilty plea to be valid, what three qualities must it have?

It must be knowing, voluntary, and intelligent—the defendant must understand the charges, the rights being waived (including jury trial, confrontation, and self-incrimination), and the consequences, without coercion.

What is a 'nolo contendere' (no contest) plea?

A plea where the defendant does not admit guilt but accepts punishment as if guilty. Unlike a guilty plea, it generally cannot be used as an admission of liability in a related civil suit.

What burden and standard of proof apply at a criminal trial, and on whom does it rest?

The prosecution bears the burden of proving every element of the offense 'beyond a reasonable doubt.' The defendant is presumed innocent and need not prove anything.

What is the difference between concurrent and consecutive sentences?

Concurrent sentences are served at the same time (the total equals the longest single term). Consecutive sentences are served one after another (terms are added together for a longer total).