Criminal Law

Instructions:

• Answer 50 questions in 15 minutes.
• If you are not ready to take this test, you can study here.
• Match each statement with the correct term.
• Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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
'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
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
Only to prevent kidnapping - rape - robbery or burglary


2. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Decision immediately appealable
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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


3. exceptions that permit retrial
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.
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
If D kills under an unreasonable self defense he is guilty of manslaughter
Being tried for the lesser included offense precludes further trying for greater offense


4. may illegally seized evidence be used

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5. miranda warning
'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
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Do not require suppression of the evidence


6. special needs exception

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7. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
No need to retreat
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Asusme risk that person you r speaking w/is a snich


8. is an accomplice's liability dependant on principle's liability?
No
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Must prove both that criminal design originated with police and D not disposed to commit crime.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


9. crime prevention
Deadly force can be used only to prevent a crime dangerouns to human life
Must know it was stolen
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


10. same offense test
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
Asusme risk that person you r speaking w/is a snich
If each has an element the other does not that no double jeapordy
Being tried for the lesser included offense precludes further trying for greater offense


11. exigent circumstances
passengers in cars and individuals using solely for business premises.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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.
If there is a concurrence issue


12. knock and announce
Asking someone to commit a crime for you with intent that he does it
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Physical stuff is not testimonial


13. 6th amendment right to counsel
It is offense specific - applies with formal charges
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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!
If D kills under an unreasonable self defense he is guilty of manslaughter


14. deadly force
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
As long as reasonable and in their practice
No need to retreat
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.


15. merger
Knowing and intelligent and voluntary
Of lesser included offenses and solicitation and attempt will merge
No defense to homicide
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


16. type of consent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Misappropriation of property by one who was in lawful possession of the property at the time
You get off without a trial
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


17. automobile exception
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.
Of lesser included offenses and solicitation and attempt will merge
Sex without victims consent by force or threat of force or victim is unconscious
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.


18. continuing trespass
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
If there is a concurrence issue
Hold harmless standard- but iwll never apply to denial of counsel at trial
Public welfare offenses and statutory rape


19. if you withdraw from conspiracy
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 crimes
Can use if reasonably necessary to protect against immediate use of unlawful force
Still guilty but no longer guilty for future crimes that co cons. do


20. battery

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21. When failure to act will result in a crime
Can use if reasonably necessary to protect against immediate use of unlawful force
Being tried for the lesser included offense precludes further trying for greater offense
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
Can be a defense t oa specific intent crime.


22. larceny
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Sex without victims consent by force or threat of force or victim is unconscious
Less than probable cause-- need particularized facts that support suspicion.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


23. ineffective assistance of counsel
Battery - rape - kidnapping - false imprisonment
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.
But/for and so deficient behavior
Making false writing or altering an existing instrument to defraud--forging a check


24. unreliable ear doctrine
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
If you try someone for criminal battery and victim then dies can be tried again for murder
Can use if reasonably necessary to protect against immediate use of unlawful force
Asusme risk that person you r speaking w/is a snich


25. infancy
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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


26. receit of stolen property
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
No need to retreat
Must know it was stolen
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.


27. 5th amendment right to counsel
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
If each has an element the other does not that no double jeapordy
No


28. voluntary manslaighter
Committed with adequate provocation.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Probable cause -- + particularity _ neutral magistrate
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


29. separate sovereigns
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
Only to prevent kidnapping - rape - robbery or burglary
Can use if reasonably necessary to protect against immediate use of unlawful force


30. insanity - mc naughten test
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


31. people who MAY have a reasonable expectation of privacy
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
Only to impeach D's testimony
6 person minimum - unanimity only required when 6 used
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.


32. general 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)
Battery - rape - kidnapping - false imprisonment
'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
Can be a defense t oa specific intent crime.


33. valid warrant
Probable cause -- + particularity _ neutral magistrate
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor


34. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Physical stuff is not testimonial
Defense to specific intent crimes


35. retreat?
No need to retreat
It is offense specific - applies with formal charges
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.
Less than probable cause-- need particularized facts that support suspicion.


36. when is it not larceny?
If you intend to return it!
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
If you effectively communicate foregonig aggression
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


37. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Can use if reasonably necessary to protect against immediate use of unlawful force
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


38. non deadly force
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
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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.
Can use if reasonably necessary to protect against immediate use of unlawful force


39. exceptions to fruit of poisonous tree

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40. 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
It is offense specific - applies with formal charges
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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.


41. NY deadly force in crime prevention
Only to prevent kidnapping - rape - robbery or burglary
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Asusme risk that person you r speaking w/is a snich
Misappropriation of property by one who was in lawful possession of the property at the time


42. conspiracy
Moving a victim or concealing in secret
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Probable cause - people expected t obe heard - conversation timing
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


43. imperfect self defense
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
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 be voluntary and intelligent


44. exclusionary rule
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Decision immediately appealable
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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.


45. if all co conspirators are acquitted vefore you then
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.
You get off without a trial
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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


46. inventory exception
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
As long as reasonable and in their practice
Defense to specific intent and malice and general intent crimes
Defense to specific intent crimes


47. assault

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48. search incident to arrest
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
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.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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.


49. testimonial
Only to impeach D's testimony
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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


50. what is interrogation
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Asusme risk that person you r speaking w/is a snich
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!
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands