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Criminal Law

Subject : law

Instructions:

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. conspiracy
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
If each has an element the other does not that no double jeapordy
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

2. when is it gov't conduct to fall in the 4th/
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police

3. common law murder
Knowing and intelligent and voluntary
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Only to impeach D's testimony

4. forgery
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
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.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Making false writing or altering an existing instrument to defraud--forging a check

5. continuing trespass
If you try someone for criminal battery and victim then dies can be tried again for murder
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If there is a concurrence issue
6 person minimum - unanimity only required when 6 used

6. strict liability
Do not require suppression of the evidence
Deadly force can be used only to prevent a crime dangerouns to human life
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

7. when is good faith not available
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.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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
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.

8. entrapment
Must prove both that criminal design originated with police and D not disposed to commit crime.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Public welfare offenses and statutory rape
It is offense specific - applies with formal charges

9. people who MAY have a reasonable expectation of privacy
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
1. owners of property being seized - ie no reasonable expectation of privacy in gf;s purse. 2. those who are leigitimately on the premises hwen the search occurs but are not overnight guests.
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Still guilty but no longer guilty for future crimes that co cons. do

10. same offense test
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
If each has an element the other does not that no double jeapordy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Less than probable cause-- need particularized facts that support suspicion.

11. uttering
If there is a concurrence issue
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Moving a victim or concealing in secret

12. exclusionary rule
Can be a defense t oa specific intent crime.
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.
If D only gets possession by telling a lie
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

13. malice
Defense to specific intent crimes
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Committed with adequate provocation.
Being tried for the lesser included offense precludes further trying for greater offense

14. inventory exception
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Being tried for the lesser included offense precludes further trying for greater offense
As long as reasonable and in their practice

15. crime prevention
Battery - rape - kidnapping - false imprisonment
Deadly force can be used only to prevent a crime dangerouns to human life
Public safety
Person who does not commit actual crime can be guilty if he aids or encourages another with intent to encourage. liable for crime + all foreseeable

16. specific intent crimes
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
No need to retreat
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

17. knock and announce
Defense to specific intent crimes
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
1. d must be guilty of underlying felony. 2. felony must be inherently dangerous. 3. felony must be separate from killing itself 4. killing must be committed during felony or immediate flight from. 5. death must be foreseeable. 6. does not apply to c
Public safety

18. insanity - mc naughten test
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
'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

19. kidnapping
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.
Moving a victim or concealing in secret
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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

20. infancy
Must prove both that criminal design originated with police and D not disposed to commit crime.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Public safety

21. when are you seized

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22. voluntary intoxication
Can be a defense t oa specific intent crime.
Less than probable cause-- need particularized facts that support suspicion.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

23. miranda warning
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
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

24. may illegally seized evidence be used

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25. larceny by trick
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
If D only gets possession by telling a lie
'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
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.

26. 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.
Must know it was stolen
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
'throwing a punch'-- general intent crime

27. general intent
Battery - rape - kidnapping - false imprisonment
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Hold harmless standard- but iwll never apply to denial of counsel at trial
You get off without a trial

28. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Asusme risk that person you r speaking w/is a snich
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
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

29. testimonial
1. owners of property being seized - ie no reasonable expectation of privacy in gf;s purse. 2. those who are leigitimately on the premises hwen the search occurs but are not overnight guests.
Physical stuff is not testimonial
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
If you intend to return it!

30. arson

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31. terry frisk
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
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.
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
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.

32. who has reasonable expectation of privacy?
'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
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
If you try someone for criminal battery and victim then dies can be tried again for murder

33. who is not an accomplice
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
You get off without a trial
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
6 person minimum - unanimity only required when 6 used

34. reasonable mistake of fact
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
Defense to specific intent and malice and general intent crimes
Moving a victim or concealing in secret
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

35. deadly force
Committed with adequate provocation.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Battery - rape - kidnapping - false imprisonment
Can use if reasonably necessary to protect against immediate use of unlawful force

36. what if search was not valid
If you try someone for criminal battery and victim then dies can be tried again for murder
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
As long as reasonable and in their practice
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

37. jury trial
Defense to specific intent crimes
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
If you try someone for criminal battery and victim then dies can be tried again for murder
6 person minimum - unanimity only required when 6 used

38. receit of stolen property
When reaosnable person wouldn't feel free to leave or decline an officer's request to answer questions -- ONLY if results in a physical application of force or the individual being pursued submits to officer's authority
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
Must know it was stolen
Decision immediately appealable

39. people who do NOT have reasonable expectation of privacy
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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
passengers in cars and individuals using solely for business premises.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

40. NY deadly force in crime prevention
If you intend to return it!
As long as reasonable and in their practice
Battery - rape - kidnapping - false imprisonment
Only to prevent kidnapping - rape - robbery or burglary

41. non deadly force
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.
Deadly force can be used only to prevent a crime dangerouns to human life
Asking someone to commit a crime for you with intent that he does it
Can use if reasonably necessary to protect against immediate use of unlawful force

42. solicitation
NEED Probable Cause to believe contraband or evidence of crime is in car. must arise before search but not nec. at time pulled over. CAN Search the trunk.
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.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Asking someone to commit a crime for you with intent that he does it

43. durress
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Can be a defense t oa specific intent crime.
No defense to homicide

44. merger
Committed with adequate provocation.
Of lesser included offenses and solicitation and attempt will merge
Asking someone to commit a crime for you with intent that he does it
No need to retreat

45. embezzlement
Misappropriation of property by one who was in lawful possession of the property at the time
It is offense specific - applies with formal charges
Decision immediately appealable
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

46. how to withdraw plea

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47. when can you use deadly force AND be initial aggressor?
Still guilty but no longer guilty for future crimes that co cons. do
If you effectively communicate foregonig aggression
1. owners of property being seized - ie no reasonable expectation of privacy in gf;s purse. 2. those who are leigitimately on the premises hwen the search occurs but are not overnight guests.
Must occur within a year and a day

48. what are co conspirators liable for
NEED Probable Cause to believe contraband or evidence of crime is in car. must arise before search but not nec. at time pulled over. CAN Search the trunk.
Only to prevent kidnapping - rape - robbery or burglary
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Vicarious liability for any foreseeable crime in furtherance of conspiracy

49. when is it not larceny?
Broadest- D's act caused by mental illness - product of mental illness. also called product test
If you intend to return it!
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.
Moving a victim or concealing in secret

50. false pretenses
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Making false writing or altering an existing instrument to defraud--forging a check
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.
Less than probable cause-- need particularized facts that support suspicion.