First-Year Law Students' Examination (FYLSX / Baby Bar) Criminal Law Flashcards

24 sample cards from the Criminal Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. How is an accessory after the fact treated under modern law?

   An accessory after the fact is NOT liable for the underlying crime. Instead, they are liable for a separate, lesser offense such as obstruction of justice, harboring a fugitive, or being an accessory after the fact.

2. What is the merger doctrine as applied to inchoate crimes?

   Solicitation and attempt merge into the completed substantive offense (you cannot be convicted of both attempt and the completed crime). Conspiracy does NOT merge with the completed crime, so a defendant may be convicted of both conspiracy and the target crime.

3. Does solicitation merge into conspiracy?

   Yes. If the person solicited agrees to commit the crime, the solicitation merges into the resulting conspiracy, and the defendant is charged with conspiracy rather than solicitation.

4. What is the difference between justification and excuse defenses?

   Justification defenses (e.g., self-defense, defense of others, necessity) admit the act was committed but argue it was the right/permitted thing to do under the circumstances. Excuse defenses (e.g., insanity, duress, intoxication) admit the act was wrong but argue the defendant should not be blamed due to a personal condition or pressure.

5. State the rule for non-deadly and deadly force in self-defense.

   Non-deadly force: a person may use reasonable force to defend against an imminent unlawful use of force. Deadly force: may be used only when the defendant reasonably believes it is necessary to prevent imminent death or great bodily harm. The aggressor generally cannot claim self-defense unless they withdraw and communicate it.

6. What is the duty to retreat and the 'castle doctrine' in self-defense?

   Majority/common law: no duty to retreat before using deadly force ('stand your ground'). Minority: must retreat before deadly force if it can be done safely, EXCEPT one need not retreat from one's own home (the castle doctrine).

7. State the requirements for the necessity (choice of evils) defense.

   Conduct otherwise criminal is justified if the defendant reasonably believed it was necessary to avoid a greater imminent harm caused by natural forces, the harm avoided is greater than the harm caused, and the defendant did not create the situation. (Economic necessity is not a defense.)

8. Name the major tests for the insanity defense.

   (1) M'Naghten: defendant didn't know the nature/quality of the act OR didn't know it was wrong. (2) Irresistible Impulse: defendant couldn't control conduct/conform to the law. (3) Durham (product) test: crime was the product of mental illness. (4) MPC/ALI: lacked substantial capacity to appreciate criminality OR conform conduct to law.

9. State the requirements for the duress defense and its key limitation.

   Duress excuses criminal conduct (other than homicide) when the defendant reasonably believed another person would imminently inflict death or great bodily harm on him or a family member if he did not commit the crime. Duress is NOT a defense to intentional murder.

10. How does voluntary intoxication function as a defense, and to what crimes?

    Voluntary intoxication is a defense only to specific intent crimes, and only when it prevents the defendant from forming the required specific intent. It is not a defense to general intent, malice, or strict liability crimes.

11. How does involuntary intoxication function as a defense?

    Involuntary intoxication (taken unknowingly, under duress, or by prescription with unexpected effect) is treated like insanity and may be a defense to any crime, including general intent and strict liability crimes, if it negates the requisite mental state.

12. When is a mistake of fact a valid defense?

    Specific intent crimes: ANY honest mistake of fact (even unreasonable) negates intent. General intent and malice crimes: only a reasonable mistake of fact is a defense. Strict liability crimes: mistake of fact is never a defense.

13. Is mistake of law generally a defense? Note exceptions.

    Generally, mistake or ignorance of the law is NOT a defense. Narrow exceptions: (1) reasonable reliance on an official (later-erroneous) statement of law; (2) the law was not published/reasonably available; or (3) the mistake negates a specific intent element of the crime.

14. State the elements of the entrapment defense (subjective test).

    Entrapment exists when (1) the criminal design originated with law enforcement (inducement), and (2) the defendant was not predisposed to commit the crime. Merely providing an opportunity to commit the crime is not entrapment. Most federal courts use this subjective (predisposition) test.

15. What does the Fourth Amendment protect against, and what two things must be present for it to apply?

    The Fourth Amendment protects against unreasonable searches and seizures. It applies only when (1) there is governmental conduct, and (2) the defendant has a reasonable expectation of privacy (standing) in the place or item searched.

16. What are the requirements for a valid search warrant?

    A valid warrant must be (1) based on probable cause, (2) supported by oath or affirmation, (3) issued by a neutral and detached magistrate, and (4) particularly describe the place to be searched and items/persons to be seized.

17. List the major exceptions to the warrant requirement (the 'ESCAPIST'/common categories).

    (1) Search incident to lawful arrest; (2) Exigent circumstances (hot pursuit/evanescent evidence); (3) Consent; (4) Automobile exception (probable cause to search a vehicle); (5) Plain view; (6) Stop and frisk (Terry); (7) Inventory/special needs searches.

18. What is the exclusionary rule and the 'fruit of the poisonous tree' doctrine?

    The exclusionary rule bars illegally obtained evidence from being admitted at trial. The 'fruit of the poisonous tree' doctrine extends exclusion to evidence derived from the initial illegality. Exceptions: independent source, inevitable discovery, attenuation, and good-faith reliance on a warrant.

19. What is required for a Terry stop and frisk?

    A stop requires reasonable suspicion of criminal activity based on articulable facts. A frisk (pat-down of outer clothing) requires reasonable suspicion that the suspect is armed and dangerous, and is limited to a search for weapons.

20. What does the Fifth Amendment privilege against self-incrimination protect, and when does it apply?

    It protects a person from being compelled to give self-incriminating TESTIMONIAL evidence. It applies in any proceeding where the answers might incriminate the person in future criminal proceedings. It does not protect physical evidence (e.g., blood, handwriting samples).

21. When are Miranda warnings required, and what must they include?

    Miranda warnings are required before custodial interrogation by police. The suspect must be told: the right to remain silent, that anything said can be used against him, the right to an attorney, and that an attorney will be appointed if he cannot afford one.

22. What is the difference between invoking the Miranda right to silence and the right to counsel?

    If the suspect invokes the right to remain silent, police must 'scrupulously honor' it but may re-question later about a different crime after time passes. If the suspect unambiguously invokes the right to counsel, ALL interrogation must cease until counsel is present (or the suspect reinitiates).

23. When does the Sixth Amendment right to counsel attach, and what is its scope?

    It attaches at the initiation of adversary judicial proceedings (formal charge, indictment, arraignment, preliminary hearing). It is offense-specific, guaranteeing counsel at all critical stages of the prosecution for that charged offense.

24. Distinguish the Fifth Amendment (Miranda) right to counsel from the Sixth Amendment right to counsel.

    Fifth Amendment right to counsel: applies during custodial interrogation, is not offense-specific (covers all questioning once invoked), and is triggered by custody + interrogation. Sixth Amendment right to counsel: applies at all critical stages after formal charges, IS offense-specific, and is triggered by the initiation of formal proceedings.

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