Criminal Law & Procedure - Foundations Benchmark Rules

What specific intent is required for larceny?

The intent to permanently deprive the owner of their property.

When can voluntary intoxication be a defense to larceny?

When it prevents the defendant from forming the specific intent to permanently deprive the owner of their property.

Can an unreasonable mistake of fact be a defense to larceny or robbery?

Yes. A mistake of fact that negates the required specific intent is a defense, even if unreasonable.

Is a defendant guilty of larceny if she takes another person's coat while genuinely believing it is her own?

No. Her belief negates the specific intent to steal.

What intent is required for attempted murder?

A specific intent to kill.

Can reckless indifference to human life alone establish attempted murder?

No. Attempted murder requires a specific intent to kill.

Can reckless indifference to human life establish murder if someone dies?

Yes. Reckless indifference to an unjustifiably high risk to human life can establish malice for depraved-heart murder.

What permits a warrantless vehicle search under the automobile exception?

Probable cause to believe the vehicle contains contraband or evidence of a crime.

What is the scope of a search under the automobile exception?

Police may search any part of the vehicle, including the trunk and containers, where the object of the search could reasonably be hidden.

May police seize stolen paintings discovered while lawfully searching a trunk for drugs?

Yes, if the paintings' incriminating nature is immediately apparent and the police have lawful access to them.

What specific intent is required for robbery?

The intent to permanently deprive another person of their property.

Is a defendant guilty of robbery if he uses force to take a bag he genuinely believes is his own?

No. His mistake of fact negates the specific intent to steal, although other criminal liability may exist.

When may police search a vehicle's passenger compartment incident to a lawful arrest?

When the arrestee is unsecured and within reaching distance of the passenger compartment, or when it is reasonable to believe the vehicle contains evidence of the offense of arrest.

May police search a glove compartment for evidence after arresting a driver for driving while intoxicated?

Yes, if it is reasonable to believe evidence of that offense is in the vehicle, such as a bottle the officer saw the driver place in the glove compartment.

Does an arrest automatically authorize police to search a vehicle's trunk incident to arrest?

No. The vehicle search-incident-to-arrest rule concerns the passenger compartment; searching the trunk requires another justification.

When is third-party consent to a search valid?

When the third party has actual authority over the area searched, or the police reasonably believe the third party has apparent authority.

Does authority to consent to a bedroom search automatically include authority to search a locked suitcase inside it?

No. Authority must extend to the particular area or container searched.

Can a mother validly authorize police to search her adult son's locked suitcase when she has no key or access?

No. Those facts indicate that she lacks actual authority and that reliance on apparent authority would be unreasonable.

Must police inform a person of the right to refuse consent before obtaining valid consent to search?

No. Consent must be voluntary, but police need not advise the person of the right to refuse.

When are Miranda warnings required?

Before custodial interrogation.

Are spontaneous statements inadmissible merely because the speaker is in custody and received no Miranda warnings?

No. Miranda does not bar voluntary statements that are not the product of interrogation or its functional equivalent.

What is the functional equivalent of interrogation under Miranda?

Police words or actions, other than those normally attendant to arrest and custody, that police should know are reasonably likely to elicit an incriminating response.

Does the Fifth Amendment privilege against self-incrimination protect a handwriting sample used only to compare handwriting?

No. The sample displays physical identifying characteristics rather than testimonial communication.

Must police provide Miranda warnings before compelling a handwriting sample used only for identification?

No. Such a sample is physical, non-testimonial evidence.

Is taking a handwriting sample a critical stage requiring the presence of counsel under the Sixth Amendment?

No. Taking a handwriting exemplar is not a critical stage requiring counsel.

What is depraved-heart murder?

An unlawful killing committed with reckless indifference to an unjustifiably high risk to human life.

Does common law murder always require an intent to kill?

No. Malice may also consist of intent to inflict great bodily injury, depraved-heart recklessness, or the intent supporting felony murder.

Can firing a gun toward an occupied jogging track support a murder conviction even without intent to kill?

Yes. A resulting death may constitute depraved-heart murder because of the extreme risk to human life.

Does accidentally causing someone's death automatically establish involuntary manslaughter?

No. The prosecution must establish a recognized basis for criminal liability, such as criminal negligence.

What level of negligence is required for involuntary manslaughter based on criminal negligence?

A gross deviation from reasonable care involving a substantial and unjustifiable risk; ordinary negligence is insufficient.

Does a light, consensual shove establish criminal negligence when a friend unexpectedly falls through a defective railing?

Not on the stated facts. A reasonable person would not anticipate that the light shove would cause the railing to fail and result in death.