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Criminal Law & Procedures Flashcards

7 cards from real MPOETC 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 & Procedures flashcards as text

  1. Under Pennsylvania law, which element distinguishes burglary from criminal trespass?

    Answer: The intent to commit a crime inside the structure at the time of entry

    Burglary requires that the person enters a structure with the intent to commit a crime therein; criminal trespass does not require this additional criminal intent.

  2. Which Supreme Court case established that defendants have a Sixth Amendment right to counsel at all critical stages of prosecution?

    Answer: Gideon v. Wainwright

    Gideon v. Wainwright (1963) held that the Sixth Amendment right to counsel applies to state criminal proceedings through the Fourteenth Amendment.

  3. What is the legal term for an agreement between two or more persons to commit an unlawful act?

    Answer: Conspiracy

    Conspiracy is the criminal offense of an agreement between two or more persons to commit an unlawful act, often requiring an overt act in furtherance.

  4. A warrantless search of a home is presumptively unreasonable under the Fourth Amendment EXCEPT when:

    Answer: Exigent circumstances such as hot pursuit or imminent destruction of evidence exist

    Exigent circumstances—such as hot pursuit of a fleeing felon, preventing destruction of evidence, or rendering emergency aid—are recognized exceptions to the warrant requirement for homes.

  5. In Pennsylvania, 'theft by deception' occurs when a person intentionally obtains property of another by:

    Answer: Creating or reinforcing a false impression

    Theft by deception requires that the offender intentionally create or reinforce a false impression to induce the victim to transfer property.

  6. What is the legal effect of a 'nolle prosequi' entered by a prosecutor?

    Answer: The prosecution declines to proceed and the charges are dropped

    A nolle prosequi is a formal notice by the prosecutor declaring that the case will not be prosecuted, resulting in dismissal of the charges.

  7. Which level of proof must the Commonwealth meet to obtain a conviction at trial?

    Answer: Beyond a reasonable doubt

    The Due Process Clause requires the prosecution to prove every element of the offense beyond a reasonable doubt to obtain a criminal conviction.