What does the incorporation doctrine mean?
Most Bill of Rights protections apply to states through the 14th Amendment Due Process Clause, except:
What is the Confrontation Clause rule (Crawford)?
Testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity and similar motive to cross-examine.
What are the limits on felony murder?
Independent felony rule (felony not part of killing), Co-felon killed by police — no liability, Ongoing felony ends when safe, Proximately caused death, Specified dangerous felony (BARRK).
What distinguishes homicide degrees?
First-degree: Premeditated, deliberate, specific intent, or felony murder.
Second-degree: Malice aforethought without premeditation (intent to kill, cause serious harm, or extreme recklessness).
Voluntary manslaughter: Heat of passion (HOP).
Involuntary manslaughter: Criminal negligence or non-felony unlawful act.
What are the main justification defenses?
SPEND.
Self-defense, Protection of others, Entrance of necessity, Necessity, Duress.
Duress = imminent threat + no safe escape + not for homicide.
When does voluntary intoxication excuse liability?
Only for specific-intent crimes (A-SPCF). Not a defense to general-intent, strict-liability, or recklessness crimes.
What are the major insanity tests?
M’Naghten (didn’t know wrongfulness), Irresistible impulse (unable to control conduct), Durham (product of mental disease), MPC (lacked substantial capacity to appreciate wrongfulness or conform conduct).
When is self-defense justified?
SNAC.
Subjective belief in need to use force, Necessary (imminent threat), Appropriate level of force, Clean hands (not the initial aggressor).
Deadly force only if facing imminent threat of death or serious harm.
When are you a government agent?
PD — Police or direction.
When are warrantless searches reasonable?
Terry’s BAD VICE — Terry search, border, arrest, drug test, vehicles, inventory or impound, consent, or exigent circumstances.
When can government seize anything in plain view without a warrant?
LAP — Lawful location, accessible (lawfully), and probable cause immediately created.
What makes a warrant valid?
PPS and properly executed— Probable cause, particular, signed, and properly executed.
What are the good faith exceptions to the exclusionary rule?
DJS — Defective warrant, judicial opinion, or statute.
What are two key exceptions to the “fruit of a poisonous tree” exclusionary rule?
The Two Is — Inevitable discovery or independent source.
Are coerced confessions admissible in a criminal trial?
No.
When can the court force you to answer after you’ve pled the Fifth?
INnocuous — Immunity or no possibility of incrimination.
When do Miranda rights matter?
In custodial interrogations.
What cuts off invoked Miranda counsel?
SAW — Suspect initiates or 14 days since, again warned, and waiver (knowing, voluntary, and intelligent waiver).
What identification evidence is not admissible?
AS US — Arranged by government, suggestive and unnecessary procedure, and substantial chance of misidentification.
What is generally required for a guilty plea?
CPR — Charges, penalties, and rights.
When can you withdraw a guilty plea after sentencing?
LIMB — Lack of jurisdiction, ineffective counsel, mistake, or breached bargain.
What are the five things that represent double jeopardy exceptions?
When is the death penalty constitutional?
If your NAMe is Compton — Non-felony murder, aggravating factors, mitigating factors considered, and competent.
What are some common non-harmless errors?
Court Freaking Botched It — Complete denial of counsel, fundamentally flawed jury instructions, biased judge, or improperly selected juries.
Which key crimes require specific intent?
A-SPCF — Attempt, solicitation, property felonies, conspiracy, and first-degree murder.
What are the key inherently dangerous felonies that qualify for felony murder?
BARRK — Burglary, arson, robbery, rape, kidnapping.
When does murder HOP to manslaughter?
Heat of passion.
What crimes require substantially the same specific will or intent to permanently deprive the rightful possessor?
Will FERRL — False pretenses, embezzlement, robbery, receipt of stolen goods, and larceny.
What are some other key property-related crimes?
B-MAd — Burglary, malicious damage, arson.
What does burglary require?
SUE US SICC — Slight unlawful entry, unabandoned structure, and specific intent to commit crime while inside.
Which key crimes require at least a reckless disregard for a substantial risk?
BAM — Battery, arson, malicious damage.
Which key crimes require purposely causing the forbidden result?
AK-47 — Assault and kidnapping.
What does abandonment require?
AV — Abandon all efforts and voluntary and complete renunciation.
Can you be convicted of solicitation and conspiracy for the same crime?
No.
Can you be convicted of a completed crime and conspiracy to commit that crime?
Yes.
When is an arrest valid?
Probable cause. Public arrest is OK; entering a home needs an arrest warrant or valid exigent circumstance (e.g., hot pursuit).
What is a Gerstein hearing?
A prompt (about 48 hours) judicial probable-cause review after a warrantless arrest.
Who can challenge a search or seizure?
Only someone with a reasonable expectation of privacy in the place, thing, or person searched; mere passengers or third parties usually lack standing.
When does the 6th Amendment right to counsel attach?
At formal charging and for all critical stages afterward; it’s offense-specific and bars police-initiated questioning about that offense without counsel.
How is 6th-Amendment counsel different from Miranda?
6th = after charge, offense-specific, critical stages.
Miranda = custodial interrogation (before/after charge), not offense-specific, needs warnings and knowing, voluntary, intelligent waiver.
What is the speedy trial test?
Balance BOPS: Balance length of delay, Offered reason for delay, Prejudice to defendant, and Self-assertion of the right.
What must prosecutors disclose (Brady rule)?
Material evidence favorable to the defense, including impeachment, regardless of good or bad faith; suppression violates due process.
When does jeopardy attach?
When the jury is sworn (jury trial) or the first witness is sworn (bench trial).
Where doesn’t the exclusionary rule apply?
Grand jury, civil, or parole revocation proceedings, and for impeaching the defendant’s own testimony (but coerced confessions are inadmissible for any purpose).
When is testimonial hearsay admissible at trial?
Only if the declarant is unavailable and there was a prior opportunity and similar motive to cross-examine.
What are the limits on search incident to arrest?
May search the person and immediate grab area, but digital phone data requires a warrant.
When are administrative or special-needs searches valid?
When done for non-criminal program needs (e.g., checkpoints, schools, borders) and reasonably limited in scope.
What is entrapment?
Government inducement plus no predisposition by the defendant.
What is the MPC test for attempt?
A substantial step that strongly corroborates the criminal purpose (beyond mere preparation).
What does the 8th Amendment require for bail?
No excessive bail; amount must reasonably ensure appearance and community safety.
What is the merger rule for lesser-included offenses?
Cannot be convicted of both a greater offense and its lesser-included (e.g., robbery and larceny).
What is required for federal felony charges?
A grand jury indictment; proceedings are secret, and the defendant has no right to present evidence or have counsel in the room.
What does the incorporation doctrine mean?
Most Bill of Rights protections apply to states through the 14th Amendment Due Process Clause, except:
What is the Confrontation Clause rule (Crawford)?
Testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity and similar motive to cross-examine.
What are the limits on felony murder?
Independent felony rule (felony not part of killing), Co-felon killed by police — no liability, Ongoing felony ends when safe, Proximately caused death, Specified dangerous felony (BARRK).
What distinguishes homicide degrees?
First-degree: Premeditated, deliberate, specific intent, or felony murder.
Second-degree: Malice aforethought without premeditation (intent to kill, cause serious harm, or extreme recklessness).
Voluntary manslaughter: Heat of passion (HOP).
Involuntary manslaughter: Criminal negligence or non-felony unlawful act.
What are the main justification defenses?
SPEND.
Self-defense, Protection of others, Entrance of necessity, Necessity, Duress.
Duress = imminent threat + no safe escape + not for homicide.
When does voluntary intoxication excuse liability?
Only for specific-intent crimes (A-SPCF). Not a defense to general-intent, strict-liability, or recklessness crimes.
What are the major insanity tests?
M’Naghten (didn’t know wrongfulness), Irresistible impulse (unable to control conduct), Durham (product of mental disease), MPC (lacked substantial capacity to appreciate wrongfulness or conform conduct).
When is self-defense justified?
SNAC.
Subjective belief in need to use force, Necessary (imminent threat), Appropriate level of force, Clean hands (not the initial aggressor).
Deadly force only if facing imminent threat of death or serious harm.
When are warrantless searches reasonable?
Terry’s BAD VICE — Terry search, border, arrest, drug test, vehicles, inventory or impound, consent, or exigent circumstances.
When can government seize anything in plain view without a warrant?
LAP — Lawful location, accessible (lawfully), and probable cause immediately created.
What makes a warrant valid?
PPS and properly executed— Probable cause, particular, signed, and properly executed.
What are the good faith exceptions to the exclusionary rule?
DJS — Defective warrant, judicial opinion, or statute.
What are two key exceptions to the “fruit of a poisonous tree” exclusionary rule?
The Two Is — Inevitable discovery or independent source.
When can the court force you to answer after you’ve pled the Fifth?
INnocuous — Immunity or no possibility of incrimination.
What cuts off invoked Miranda counsel?
SAW — Suspect initiates or 14 days since, again warned, and waiver (knowing, voluntary, and intelligent waiver).
What identification evidence is not admissible?
AS US — Arranged by government, suggestive and unnecessary procedure, and substantial chance of misidentification.
When can you withdraw a guilty plea after sentencing?
LIMB — Lack of jurisdiction, ineffective counsel, mistake, or breached bargain.
What are the five things that represent double jeopardy exceptions?
When is the death penalty constitutional?
If your NAMe is Compton — Non-felony murder, aggravating factors, mitigating factors considered, and competent.
What are some common non-harmless errors?
Court Freaking Botched It — Complete denial of counsel, fundamentally flawed jury instructions, biased judge, or improperly selected juries.
Which key crimes require specific intent?
A-SPCF — Attempt, solicitation, property felonies, conspiracy, and first-degree murder.
What are the key inherently dangerous felonies that qualify for felony murder?
BARRK — Burglary, arson, robbery, rape, kidnapping.
What crimes require substantially the same specific will or intent to permanently deprive the rightful possessor?
Will FERRL — False pretenses, embezzlement, robbery, receipt of stolen goods, and larceny.
What does burglary require?
SUE US SICC — Slight unlawful entry, unabandoned structure, and specific intent to commit crime while inside.
Which key crimes require at least a reckless disregard for a substantial risk?
BAM — Battery, arson, malicious damage.
When is an arrest valid?
Probable cause. Public arrest is OK; entering a home needs an arrest warrant or valid exigent circumstance (e.g., hot pursuit).
What is a Gerstein hearing?
A prompt (about 48 hours) judicial probable-cause review after a warrantless arrest.
Who can challenge a search or seizure?
Only someone with a reasonable expectation of privacy in the place, thing, or person searched; mere passengers or third parties usually lack standing.
When does the 6th Amendment right to counsel attach?
At formal charging and for all critical stages afterward; it’s offense-specific and bars police-initiated questioning about that offense without counsel.
How is 6th-Amendment counsel different from Miranda?
6th = after charge, offense-specific, critical stages.
Miranda = custodial interrogation (before/after charge), not offense-specific, needs warnings and knowing, voluntary, intelligent waiver.
What is the speedy trial test?
Balance BOPS: Balance length of delay, Offered reason for delay, Prejudice to defendant, and Self-assertion of the right.
What must prosecutors disclose (Brady rule)?
Material evidence favorable to the defense, including impeachment, regardless of good or bad faith; suppression violates due process.
When does jeopardy attach?
When the jury is sworn (jury trial) or the first witness is sworn (bench trial).
Where doesn’t the exclusionary rule apply?
Grand jury, civil, or parole revocation proceedings, and for impeaching the defendant’s own testimony (but coerced confessions are inadmissible for any purpose).
When is testimonial hearsay admissible at trial?
Only if the declarant is unavailable and there was a prior opportunity and similar motive to cross-examine.
What are the limits on search incident to arrest?
May search the person and immediate grab area, but digital phone data requires a warrant.
When are administrative or special-needs searches valid?
When done for non-criminal program needs (e.g., checkpoints, schools, borders) and reasonably limited in scope.
What is the MPC test for attempt?
A substantial step that strongly corroborates the criminal purpose (beyond mere preparation).
What does the 8th Amendment require for bail?
No excessive bail; amount must reasonably ensure appearance and community safety.
What is the merger rule for lesser-included offenses?
Cannot be convicted of both a greater offense and its lesser-included (e.g., robbery and larceny).
What is required for federal felony charges?
A grand jury indictment; proceedings are secret, and the defendant has no right to present evidence or have counsel in the room.
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