Case Overviews
Outline

1. MIRANDA'S FIFTH AMENDMENT RIGHTS a. MIRANDA RIGHTS DEFINED Miranda v. Arizona (1966) Facts: Ds in four cases were subjected to custodial interrogation and confessed; their confessions were admitted at their trials. The police techniques may not have violated their Due Process rights because they were not so coercive as to produce "involuntary" confessions. ...

Case Overviews
Outline

1. STOP & DETENTION FOR QUESTIONS & FRISK a. CASE BY CASE SCOPE REQUIREMENTS Terry v. Ohio (1968) Facts: A police officer saw D and another man walking back and forth a dozen times in front of a store and looking in the window. The officer suspected that they were planning a robbery, followed the men, and then accosted them. After the D mumbled something in response to the officer's request for identification, the officer conducted a pat-down "frisk" search for weapons of D's outer clothing. The officer touched a hard object that felt like a weapon, and pulled it out. It was a gun, which wa ...

Case Overviews
Outline

1. PLAIN VIEW Texas v. Brown (1983) Facts: During a lawful car stop, a police officer saw an opaque, green party balloon, knotted near the tip, fall from the D's hand; when the D opened the glove compartment to retrieve his license, the officer saw small plastic vials, loose white powder, and more balloons. The officer's experience making drug arrests led him to believe that the balloon contained drugs, and so the officer seized the single balloon and arrested the D. A lawful inventory of the car uncovered heroin that was admitted at the D's trial for drug crimes. ...

Case Overviews
Outline

1. PROBABLE CAUSE FOR SEARCHES & SEIZURES WITH OR WITHOUT WARRANTS a. PROBABLE CAUSE TO SEARCH Spinelli v. United States (1969) Facts: FBI agents procured a search warrant for an apartment based on affidavits that revealed: 1) the agents trailed D for several days to a particular apartment where two different telephone numbers were listed in the name of another person; 2) a confidential informant told the police that D was taking bets at the same two phone numbers; 3) D was "known to" the agents as a "bookmaker." A search of the apartment revealed evidence that was admitted at D's trial for ...

Case Overviews
Outline

1. EXCLUSIONARY RULE a. HISTORY OF EXCLUSIONARY RULE Weeks v. United States (1914) Facts: A federal marshal entered D's house without a warrant in violation of the Fourth Amendment, and seized papers that were admitted at D's trial for lottery crimes. Before trial the D unsuccessfully sought the return of his papers and argued that they should not be used in evidence against him. ...

Case Overviews
Outline

1. RIGHT TO COUNSEL AT TRIAL a. SCOPE OF RIGHT TO APPOINTED COUNSEL Powell v. Alabama (1932) Facts: A group of young, indigent African-American defendants were accused of the capital crime of rape. They were not given the opportunity to retain counsel before trial; counsel was appointed on the day of trial and had prepared no defense. The defendants were convicted and sentenced to death. ...

Case Overviews
Outline

Duncan v. Louisiana (1968) Facts: D was convicted of simple battery, a misdemeanor under Louisiana law. The maximum punishment was two years in prison and a $300 fine. D's request for trial by jury was denied. ...

The Stages In The Prosecution Process
Outline

A chronology for the discrete stages of a criminal prosecution may be identified in the criminal procedure systems of all jurisdictions. Traditionally, prosecutors have the authority at each stage to choose not to move forward to the next stage. After the initiation of “adversary judicial proceedings,” indigent defendants are entitled to the assistance of appointed counsel under the federal constitution at “critical stages” of the prosecution. A. The Reporting of the Crime Police officers obtain information about criminal activity from their own observations and/or other sources, ...

Case Overviews
Outline

Commonwealth v. Tluchak (1950) Facts: D sold a farm and some personal property but refused to deliver the personal property to the purchasers. ...

Robbery
Outline

(See, MPC § 222) Robbery is a common law felony which is an aggravated form of larceny and is defined as the use of force or threat of imminent force during a larcenous taking of property from the owner. Mnemonic: FLOW A. Force or Threat of Imminent Force ...

Diminished Capacity
Outline

Although not legally insane, one may nonetheless have a diminished mental capacity and thus be unable to form the requisite intent for a particular crime. See, MPC Section: 4.02 ...

Case Overviews
Outline

United States v. Peterson (1973) Facts: Not provided. ...

Case Overviews
Outline

Hicks v. United States (S.Ct. 1893) Facts: Hicks and Rowe both faced Colvard. All were on horseback, and Hicks held a rifle. Hicks removed his hat and said to Colvard, "Take off your hat and die like a man" whereupon Rowe shot and killed Colvard. ...

Attempt
Outline

(See, MPC § 5.01) If a person acting with criminal intent takes significant steps towards the commission of a crime but fails to commit the offense, that individual may be guilty of a criminal attempt. A. Rationale for Punishing Attempt ...

Case Overviews
Outline

Commonwealth v. Carrol (1963) Facts: After a violent argument with his wife, D mulled over her words and the fact that she beat their children. D then shot her while she slept, using a pistol that was on a night table. ...

Case Overviews
Outline

Regina v. Morgan (1976) Director of Public Prosecutions v. Morgan (1975) Facts: Ds, one of whom was the victim's husband, had intercourse with a woman who resisted. Ds claimed that they believed the resistance was merely an act. ...

Rape
Outline

A. Definitions 1. Common Law At common law the crime of rape was a felony, defined as unlawful sexual intercourse (requiring penetration) of a woman not the rapist’s wife, by force and against her will. ...

Case Overviews
Outline

Martin v. State (1944) Facts: D was charged with being drunk on a public highway after police officers forcibly removed him from his home and placed him on the road. ...

Mens Rea
Outline

It is widely believed that to justify punishing an individual for a particular act, the act must be accompanied by a blameworthy state of mind. A. General and Specific Intent Crimes Under common law, crimes were often classified as either “general intent” or “specific intent.” ...

Case Overviews
Outline

Regina v. Dudley and Stephens (1884) Facts: Ds were stranded on a disabled boat 1000 miles from land. Near starvation, they decided to kill the weakest among them without his consent and live off his flesh until they were rescued. They would not have survived had they not killed the victim. ...

Justification Of Punishment
Outline

Most courts have held that the main goal of the criminal law is punishment. Deterrence, rehabilitation and retribution are secondary goals. A. Purposes of Punishment (See also, MPC § 1.02) Mnemonic: PURE DRINK DELIGHT 1. Punishment Because of his crime, an offender deserves to suffer. Punishment purges the criminal of his guilt by making him suffer, and it prevents him from benefiting from his crime. ...

Legality: Limits On The Criminal Law
Outline

A. Due Process Constitutional protection against arbitrary or discretionary enforcement of the law. 1. Fair Notice Standard A criminal statute is not unconstitutional on due process grounds if it is sufficiently clear to provide notice prior to prosecution that particular conduct is prohibited. ...

Case Overviews
Outline

People v. Zackowitz (1930) Facts: Some young men who were working on a car insulted a woman passerby. D, the passerby's husband, became enraged and shot one of the young men during an ensuing fight. ...

Structure Of The System
Outline

The criminal justice system enforces the standards of conduct that a community considers important and necessary. This is accomplished by punishing, reforming, and/or removing from society those who engage in undesirable conduct. In designing a criminal justice system, society must balance the efficiency and effectiveness of enforcement against the protection of individual autonomy and rights. A. Police Police make up the largest group of administrators of the law. The majority of police are local and are concentrated in cities and towns. As part of their role as investigators, police co ...

Criminal Procedure
Outline

A. Discovery of the Crime Crimes are discovered by police observation or through reports from members of the public. The majority of reported crimes involve the taking or destruction of property. The second largest group of reported crimes is assault, followed by drug-related crimes. Violent crimes are a very small minority of the total. B. Investigation If police observe behavior that is merely suspicious, or do not witness the actual commission of a crime, they must investigate to determine if: ...