Criminal Law and Procedure Flashcards

Which of the following best describes 'actus reus'?

Answer: The voluntary physical act or unlawful omission that constitutes a crime

Actus reus is the physical, voluntary act or criminally culpable omission that, combined with mens rea, constitutes a criminal offense.

A suspect is in custody and asks, 'Should I get a lawyer?' How should an officer respond?

Answer: Treat this as an unambiguous invocation and immediately cease questioning

Under Berghuis v. Thompkins, while an ambiguous invocation may not require cessation, the safest and recommended practice is to treat any apparent request for counsel as an invocation and stop questioning.

A photographic lineup (photo array) must be conducted in a manner that:

Answer: Minimizes suggestion by using a blind administrator and fillers who match the description

Best practices for photo arrays include using a blind or blinded administrator and selecting fillers who match the witness's description of the perpetrator to reduce the risk of misidentification.

Under the Castle Doctrine in states that recognize it, a person generally has the right to use deadly force:

Answer: In their home against an intruder without a duty to retreat

The Castle Doctrine removes the common law duty to retreat when a person is in their own home and faces an unlawful intruder, allowing use of deadly force in self-defense.

An officer is dispatched to a domestic disturbance. Upon arrival, there is no ongoing violence and the victim says they do not want to press charges. The officer should:

Answer: Document the incident, check for injuries, and make an arrest if probable cause exists based on the officer's independent investigation

Officers have independent authority to make an arrest in domestic violence situations based on probable cause, regardless of the victim's wishes, and must document evidence and injuries.

The 'inevitable discovery' exception to the exclusionary rule provides that:

Answer: Evidence obtained illegally may be used if the officer would have eventually found it through lawful means

Inevitable discovery, established in Nix v. Williams, allows admission of illegally obtained evidence if the prosecution can demonstrate it would have been inevitably discovered through independent lawful means.

Which of the following is required for a valid consent search?

Answer: Voluntary consent, free from coercion, given by someone with actual or apparent authority

A valid consent search requires that consent be given voluntarily — without coercion, duress, or deception — by a person with actual or apparent authority over the area to be searched.