What are reckless acts?

(1) acts occurring when there is a conscious disregard of a substantial / unjustifiable risk.

OR

(2) acts occurring when there is a gross deviation from the standard of care a reasonable person would use.

What 2 elements are present in a valid and waiver of one's 5th amendment right to counsel.

(1) waiver must be knowing

(2) waiver must be voluntary

What standard is used when evaluating if a waiver of the 5th amendment right to counsel is assessed?

Totality of the circumstances.

How must one invoke their 5th amendment rights?

(1) the request must be unambiguous AND knowing

(2) the request must be clear to a reasonable person (police officer)

Do police officers have the duty to clarify ambiguous requests for counsel?

No. No duty to clarify.

What is depraved heart murder?

The killing of a person done in a manner that has a reckless indifference to an unjustifiably high risk to human life.

What must be shown for a defendant to be found guilty of a specific intent crime?

(1) Actus Reas

Shown by: cause-in-fact (proven via the but for test) AND proximate cause (that the results were foreseeable).

(2) Mens Rea (the guilty mind - usually defined by statute)

How is criminal proximate cause shown?

By showing that the defendant's activities are the "natural and probable cause" of the results (the crime)

What is an intervening event in the context of a criminal prosecution?

(1) an intervening event, if shown, cuts off criminal liability for the defendant

(2) the intervening event must be unforeseeable (coincidence, random occurrence, etc.)

Is getting into a car accident while driving a foreseeable event?

Yes.

What is the primary 4th amendment right in a criminal prosecution context?

The 4th amendment prevents unreasonable searches and seizures.

What happens to the evidence if obtained via a violation of the 4th amendment?

The evidence must be suppressed.

Under the 4th amendment, when is a seizure considered reasonable? What is considered in determining reasonability?

Arrest: Requires a showing of probable cause

Investigatory Detention: Requires a reasonable suspicion

Considerations for Reasonableness

(1) Seizure scope (type of detention, how long, the reason, emergency situation, etc.)

(2) the degree of suspicion leading to the seizure. Would a reasonable person in the same situation have arrested this defendant?

In what situation may the police arrest a person without a warrant?

Only when . . .

(1) the police have enough information to reasonably believe that the person committed a felony

AND

(2) they have a reasonable belief (or actually witnessed) that person commit the crime.

What is a Terry stop?

When the police . . . (1) stop someone (2) without a warrant (3) to briefly investigate a situation

When is a Terry stop legal and valid?

When the Terry stop was (1) based on a reasonable suspicion (2) based on articulable facts

What is a police investigation?

ANY police conduct or behavior done for the purpose of eliciting an incriminating response.

Under what circumstances is some considered to be in police custody?

(1) when a person's freedom to leave or freedom to act is "denied in a significant way"

(2) Sliding scale: the more the detention looks like a formal arrest, the more likely the person would be considered to be in custody.

What happens if a confession is involuntary?

Requires the confession to be suppressed.

Under what standard is the voluntariness of a confession analyzed?

Totality of the circumstances.