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Criminal Law

Subject : 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. continuing trespass
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. 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
If there is a concurrence issue
Public welfare offenses and statutory rape

2. what if it is erroneously included anyway
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
If D kills under an unreasonable self defense he is guilty of manslaughter
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

3. may illegally seized evidence be used

4. deadly force
Moving a victim or concealing in secret
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

5. if you withdraw from conspiracy
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
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.
Hold harmless standard- but iwll never apply to denial of counsel at trial

6. is an accomplice's liability dependant on principle's liability?
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
No
Misappropriation of property by one who was in lawful possession of the property at the time
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

7. what is reasonable suspicion
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Less than probable cause-- need particularized facts that support suspicion.
If each has an element the other does not that no double jeapordy
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

8. imperfect self defense
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Of lesser included offenses and solicitation and attempt will merge
If D kills under an unreasonable self defense he is guilty of manslaughter

9. 5th amendment right to counsel
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
No need to retreat
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

10. automobile exception
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.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Being tried for the lesser included offense precludes further trying for greater offense
Probable cause - people expected t obe heard - conversation timing

11. limitations on felony murder
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.
If you try someone for criminal battery and victim then dies can be tried again for murder
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
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

12. larceny
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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
Hold harmless standard- but iwll never apply to denial of counsel at trial
Moving a victim or concealing in secret

13. NY deadly force in crime prevention
Of lesser included offenses and solicitation and attempt will merge
Only to prevent kidnapping - rape - robbery or burglary
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

14. forgery
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.
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
Making false writing or altering an existing instrument to defraud--forging a check

15. accomplice liability
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
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.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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.

16. reasonable mistake of fact
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.
Moving a victim or concealing in secret
No need to retreat
Defense to specific intent and malice and general intent crimes

17. miranda waiver
Knowing and intelligent and voluntary
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
If you effectively communicate foregonig aggression
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

18. separate sovereigns
Public welfare offenses and statutory rape
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
If each has an element the other does not that no double jeapordy
No need to retreat

19. retreat?
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
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
No need to retreat
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

20. merger
As long as reasonable and in their practice
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
Of lesser included offenses and solicitation and attempt will merge
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.

21. battery

22. withdrawal of accomplice liability
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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!

23. plain view exception
Deadly force can be used only to prevent a crime dangerouns to human life
Only to prevent kidnapping - rape - robbery or burglary
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

24. when are you seized

25. when can you use deadly force AND be initial aggressor?
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
If you effectively communicate foregonig aggression
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

26. general intent
Battery - rape - kidnapping - false imprisonment
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
If you effectively communicate foregonig aggression
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.

27. particularity
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
If each has an element the other does not that no double jeapordy
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
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

28. requirements for wiretap warrant
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.
If D kills under an unreasonable self defense he is guilty of manslaughter
Probable cause - people expected t obe heard - conversation timing
Only to prevent kidnapping - rape - robbery or burglary

29. people who do NOT have reasonable expectation of privacy
It is offense specific - applies with formal charges
Defense to specific intent and malice and general intent crimes
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)

30. 6th amendment right to counsel
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
It is offense specific - applies with formal charges
If there is a concurrence issue
Still guilty but no longer guilty for future crimes that co cons. do

31. jury trial
Defense to specific intent and malice and general intent crimes
Public safety
Broadest- D's act caused by mental illness - product of mental illness. also called product test
6 person minimum - unanimity only required when 6 used

32. non deadly force
Asusme risk that person you r speaking w/is a snich
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.
Can use if reasonably necessary to protect against immediate use of unlawful force
Of lesser included offenses and solicitation and attempt will merge

33. what has no reasonable expectation of privacy

34. unreliable ear doctrine
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.
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
Only to prevent kidnapping - rape - robbery or burglary

35. arson

36. exception to lesser included offense double jeapordy
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Misappropriation of property by one who was in lawful possession of the property at the time
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
If you try someone for criminal battery and victim then dies can be tried again for murder

37. valid warrant
passengers in cars and individuals using solely for business premises.
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
Probable cause -- + particularity _ neutral magistrate
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

38. voluntary manslaighter
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.
Committed with adequate provocation.
Being tried for the lesser included offense precludes further trying for greater offense
If you try someone for criminal battery and victim then dies can be tried again for murder

39. common law murder
Probable cause -- + particularity _ neutral magistrate
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Battery - rape - kidnapping - false imprisonment
Do not require suppression of the evidence

40. terry stop
Asking someone to commit a crime for you with intent that he does it
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Committed with adequate provocation.

41. uttering
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)
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
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.

42. people who MAY have a reasonable expectation of privacy
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 is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

43. false pretenses
Do not require suppression of the evidence
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
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.
Misappropriation of property by one who was in lawful possession of the property at the time

44. exceptions that permit retrial
Asking someone to commit a crime for you with intent that he does it
Being tried for the lesser included offense precludes further trying for greater offense
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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

45. voluntary intoxication
Can be a defense t oa specific intent crime.
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.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

46. double jeapordy attaches when
Hold harmless standard- but iwll never apply to denial of counsel at trial
6 person minimum - unanimity only required when 6 used
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.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

47. receit of stolen property
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
Must know it was stolen
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!
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.

48. What is not voluntary

49. kidnapping
Moving a victim or concealing in secret
As long as reasonable and in their practice
'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. 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.

50. when is it not larceny?
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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
If you intend to return it!