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Criminal Law and Procedure Flashcards

7 cards from real MCOLES practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Criminal Law and Procedure flashcards as text
  1. Under Michigan law, what distinguishes second-degree murder from first-degree murder?

    Answer: Premeditation and deliberation are absent

    Second-degree murder lacks the premeditation and deliberation required for first-degree murder but still involves malice aforethought.

  2. A suspect invokes the right to counsel during custodial interrogation. What must officers do?

    Answer: Immediately cease all questioning until counsel is present

    Under Edwards v. Arizona, once a suspect invokes the right to counsel, all interrogation must stop until an attorney is present or the suspect reinitiates contact.

  3. Which element is required to establish 'breaking and entering' under Michigan's burglary statute?

    Answer: Entry into a dwelling with intent to commit a felony

    Michigan's breaking and entering statute requires entry into a building with intent to commit a felony, misdemeanor, or larceny therein.

  4. What is the legal standard for a 'Terry stop' (investigative detention)?

    Answer: Reasonable articulable suspicion of criminal activity

    Terry v. Ohio established that a brief investigative stop requires only reasonable articulable suspicion, a lower standard than probable cause.

  5. Under the Fourth Amendment, which area is considered part of the 'curtilage' of a home?

    Answer: A fenced backyard immediately adjacent to the home

    Curtilage is the area immediately surrounding a home where residents have a reasonable expectation of privacy, such as an enclosed backyard.

  6. What is the 'plain view' doctrine in Michigan search and seizure law?

    Answer: Evidence in plain view may be seized if officers are lawfully present and incriminating nature is immediately apparent

    The plain view doctrine allows warrantless seizure when officers are lawfully present, the item is in plain view, and its incriminating nature is immediately apparent.

  7. A person is charged with larceny in Michigan. Which element must the prosecution prove?

    Answer: Taking and carrying away the property of another with intent to permanently deprive

    Larceny requires the taking and carrying away of another's property with specific intent to permanently deprive the owner of it.