Criminal Law and Procedure Flashcards
6 cards from real FL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Criminal Law and Procedure flashcards as text
A completed battery under Florida law requires:
Answer: Intentional and unwanted physical contact with another person
Florida defines battery as the intentional, unauthorized touching or striking of another person against their will, regardless of injury.
Under the Confrontation Clause (Crawford v. Washington), testimonial out-of-court statements are admissible against a criminal defendant only if:
Answer: The declarant is unavailable and the defendant had a prior opportunity to cross-examine
Crawford held that testimonial hearsay is barred by the Confrontation Clause unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.
Larceny at common law requires the taking and carrying away of another's personal property with intent to:
Answer: Permanently deprive the owner
Common law larceny requires the specific intent to permanently deprive the owner of the property — borrowing without permission is not larceny.
Under Florida Speedy Trial rules, a misdemeanor defendant must be brought to trial within:
Answer: 90 days of arrest
Florida Rule of Criminal Procedure 3.191 provides that a misdemeanor defendant must be brought to trial within 90 days of arrest.
An accomplice to a crime is generally held liable for:
Answer: The target crime and all foreseeable crimes committed by the principal
Under accomplice liability, an aider and abettor is liable for the target crime plus all other crimes by the principal that were a natural and probable consequence of the plan.
Under the Fourth Amendment, a Terry stop is justified by:
Answer: Reasonable, articulable suspicion of criminal activity
Terry v. Ohio established that police may briefly detain and pat down a person based on reasonable, articulable suspicion — a lower standard than probable cause.