Criminal Law

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• Answer 50 questions in 15 minutes.
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• Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Making false writing or altering an existing instrument to defraud--forging a check
'throwing a punch'-- general intent crime
1. school searches and 2. applies with random drug testing. railroad employees after impact accident - customs officials who are responsible for drug cotnradiction; probationer's home; government employee desks


2. what is reasonable suspicion
1. jury unable to unanimously agree on a verdict. 2. mistrial for manifest necessity 3. retrial after successful appeal 4. Breach upon a plea bargain agreement
Less than probable cause-- need particularized facts that support suspicion.
Being tried for the lesser included offense precludes further trying for greater offense
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


3. involuntary intoxication
Defense to any crime
Only to impeach D's testimony
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Must occur within a year and a day


4. kidnapping
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Must specify the place to be searched and the items to be seized. if the particular is in application and not on warrant itself - the particularized information is ok provided the affidavit is specifically incorporated in the warrant itself and if no
Moving a victim or concealing in secret
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police


5. deadly force
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Fair probability that that contraband or evidenceo f crime will be found in area being search. -- CAN use hearsay and CAN use informat's tip -- must corroborate and use common sense practical determination
Must be voluntary and intelligent


6. what has no reasonable expectation of privacy

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7. when is good faith not available
1. warrant was so egregiously lacking in PC that no reasonable officer could have relied on it. 2. the affidavit supporting the warrant app is so lacking in particulariy that no reaosnable officer could rely on it. 3. if the officer or DA lied to or
No
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


8. miranda waiver
1. if judge didn't satisfy requirements 2. jurisdictional issue 3. ineffective assistance of counsel 4. prosecutor doesnt live up to his part of the bargain.
Only to impeach D's testimony
Moving a victim or concealing in secret
Knowing and intelligent and voluntary


9. exceptions that permit retrial
1. jury unable to unanimously agree on a verdict. 2. mistrial for manifest necessity 3. retrial after successful appeal 4. Breach upon a plea bargain agreement
Public safety
As long as reasonable and in their practice
Must be voluntary and intelligent


10. voluntary intoxication
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Can be a defense t oa specific intent crime.
Double jeapordy only barred in same sovereings-- state and municipalities. who is diff-- diff states and ny and us. nys and nassau is the SAME
Must occur within a year and a day


11. ineffective assistance of counsel
passengers in cars and individuals using solely for business premises.
Being tried for the lesser included offense precludes further trying for greater offense
But/for and so deficient behavior
Misappropriation of property by one who was in lawful possession of the property at the time


12. unreasonable mistake of fact
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Defense to specific intent crimes
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
1. lawful access to place from which item can be plainly seen. 2. need a lawful access to item itself. 3 .criminality of item seized must be immediately apparent


13. What is not voluntary

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14. type of consent
Can be a defense t oa specific intent crime.
It is offense specific - applies with formal charges
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
1. duty created by statute or 2. by contract or 3. status (spouses or parent/child) 4. voluntary assumption of care 5. creation of peril


15. inventory exception
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
As long as reasonable and in their practice
Probable cause -- + particularity _ neutral magistrate
1. nature of the charge. 2. maximum authroized sentence. 3. tell the D right to pelad not guilty 4. tell the D that by pleading guilty he is waiving trial and will proceed directly to sentencing.


16. strict liability
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Public welfare offenses and statutory rape
Do not require suppression of the evidence
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


17. testimonial
Physical stuff is not testimonial
If you effectively communicate foregonig aggression
Committed with adequate provocation.
Pat down of body or clothing- officer msut reasonably believe person is armed and dangerous. can seize weapons or contraband if knows it is that w/out manipulation. can also look inside car-- closed but not locked containers.


18. knock and announce
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Misappropriation of property by one who was in lawful possession of the property at the time
1. denial of due counsel (lineups and showups)--but a subsequent in court ID will allow it in. or 2. denial of due process-- unnecessarily suggestive and conductive to irreparable ID so as to render ID unreliable.
passengers in cars and individuals using solely for business premises.


19. same offense test
Hold harmless standard- but iwll never apply to denial of counsel at trial
If each has an element the other does not that no double jeapordy
Defense to specific intent and malice and general intent crimes
D must be given a change to introduce any mitigating evidence at sentencing hearing. 'any death penalty statute that does not give D a chance to present mirigating facts and circumstances is unconstitutional. not automatic category allowed


20. jury trial
As long as reasonable and in their practice
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
If there is a concurrence issue
6 person minimum - unanimity only required when 6 used


21. exception to lesser included offense double jeapordy
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Required when in custody and interrogated. does not apply when someone detained in jail and questioned by an undercover officer posed as a woman. also must be testimonial
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If you try someone for criminal battery and victim then dies can be tried again for murder


22. requirements for wiretap warrant
Can be a defense t oa specific intent crime.
If there is a concurrence issue
Required when in custody and interrogated. does not apply when someone detained in jail and questioned by an undercover officer posed as a woman. also must be testimonial
Probable cause - people expected t obe heard - conversation timing


23. imperfect self defense
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If D kills under an unreasonable self defense he is guilty of manslaughter
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


24. burglary
1. nature of the charge. 2. maximum authroized sentence. 3. tell the D right to pelad not guilty 4. tell the D that by pleading guilty he is waiving trial and will proceed directly to sentencing.
Sex without victims consent by force or threat of force or victim is unconscious
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Obtaining title of property of another by an intentional false statement with the intent to defraud. must be past or present statement and not future.


25. plain view exception
1. lawful access to place from which item can be plainly seen. 2. need a lawful access to item itself. 3 .criminality of item seized must be immediately apparent
No
1. denial of due counsel (lineups and showups)--but a subsequent in court ID will allow it in. or 2. denial of due process-- unnecessarily suggestive and conductive to irreparable ID so as to render ID unreliable.
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


26. when is it not larceny?
Being tried for the lesser included offense precludes further trying for greater offense
Making false writing or altering an existing instrument to defraud--forging a check
If you intend to return it!
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor


27. bail
Does not apply in 1. grand jury proceedings or 2. parole proceedings or 3. civil trials or 4. search of someone else that was illegal.
'throwing a punch'-- general intent crime
Decision immediately appealable
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


28. unreliable ear doctrine
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Asusme risk that person you r speaking w/is a snich
Can be a defense t oa specific intent crime.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


29. when are you seized

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30. consent exception
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Must be voluntary and intelligent
Sex without victims consent by force or threat of force or victim is unconscious
Decision immediately appealable


31. conspiracy
No
If you effectively communicate foregonig aggression
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Still guilty but no longer guilty for future crimes that co cons. do


32. arson

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33. what if it is erroneously included anyway
Defense to specific intent and malice and general intent crimes
passengers in cars and individuals using solely for business premises.
If all you did was encourage - must not discourage. if you actually helped you need to make a substantial effort to stop it from happening like call the cops!
Hold harmless standard- but iwll never apply to denial of counsel at trial


34. uttering
Fair probability that that contraband or evidenceo f crime will be found in area being search. -- CAN use hearsay and CAN use informat's tip -- must corroborate and use common sense practical determination
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Decision immediately appealable
Good faith exception-- if good warrant executed wrongly or bad warrant on its face. evidence still comes in. available in judicial opinion later changed by another opinion - a statute or ordinance or defective search warrant


35. entrapment
'swing and miss'- an attempt to commit a battery or intentionally making the victim think you are about to commit the battery-- fake punch. intend to scare victim. specific intent
Must prove both that criminal design originated with police and D not disposed to commit crime.
Deadly force can be used only to prevent a crime dangerouns to human life
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


36. MPC test
Only to impeach D's testimony
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Less than probable cause-- need particularized facts that support suspicion.
Vicarious liability for any foreseeable crime in furtherance of conspiracy


37. death penalty

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38. challenges to ID procedures
1. denial of due counsel (lineups and showups)--but a subsequent in court ID will allow it in. or 2. denial of due process-- unnecessarily suggestive and conductive to irreparable ID so as to render ID unreliable.
No
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Making false writing or altering an existing instrument to defraud--forging a check


39. if you withdraw from conspiracy
Still guilty but no longer guilty for future crimes that co cons. do
Must know it was stolen
Must specify the place to be searched and the items to be seized. if the particular is in application and not on warrant itself - the particularized information is ok provided the affidavit is specifically incorporated in the warrant itself and if no
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


40. when is it gov't conduct to fall in the 4th/
1. lawful access to place from which item can be plainly seen. 2. need a lawful access to item itself. 3 .criminality of item seized must be immediately apparent
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Misappropriation of property by one who was in lawful possession of the property at the time
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


41. battery

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42. what is interrogation
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Less than probable cause-- need particularized facts that support suspicion.
Double jeapordy only barred in same sovereings-- state and municipalities. who is diff-- diff states and ny and us. nys and nassau is the SAME
As long as reasonable and in their practice


43. double jeapordy attaches when
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Moving a victim or concealing in secret
Making false writing or altering an existing instrument to defraud--forging a check
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


44. infancy
Need a lawful custodial arrest - contemproaneous requirement (but ok to search car after arrested). can search body--wingspan or car. closed but not locked containers. no trunk
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Pat down of body or clothing- officer msut reasonably believe person is armed and dangerous. can seize weapons or contraband if knows it is that w/out manipulation. can also look inside car-- closed but not locked containers.
If all you did was encourage - must not discourage. if you actually helped you need to make a substantial effort to stop it from happening like call the cops!


45. how to withdraw plea

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46. forgery
1. jury unable to unanimously agree on a verdict. 2. mistrial for manifest necessity 3. retrial after successful appeal 4. Breach upon a plea bargain agreement
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Making false writing or altering an existing instrument to defraud--forging a check
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


47. terry frisk
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Decision immediately appealable
Pat down of body or clothing- officer msut reasonably believe person is armed and dangerous. can seize weapons or contraband if knows it is that w/out manipulation. can also look inside car-- closed but not locked containers.
But/for and so deficient behavior


48. NY deadly force in crime prevention
Knowing and intelligent and voluntary
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Only to prevent kidnapping - rape - robbery or burglary
Double jeapordy only barred in same sovereings-- state and municipalities. who is diff-- diff states and ny and us. nys and nassau is the SAME


49. common law murder
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
1. jury unable to unanimously agree on a verdict. 2. mistrial for manifest necessity 3. retrial after successful appeal 4. Breach upon a plea bargain agreement
Defense to any crime
1. nature of the charge. 2. maximum authroized sentence. 3. tell the D right to pelad not guilty 4. tell the D that by pleading guilty he is waiving trial and will proceed directly to sentencing.


50. robbery
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Less than probable cause-- need particularized facts that support suspicion.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson