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. valid warrant
Probable cause -- + particularity _ neutral magistrate
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
If D kills under an unreasonable self defense he is guilty of manslaughter
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


2. receit of stolen property
6 person minimum - unanimity only required when 6 used
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Must know it was stolen
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. miranda warning
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
Still guilty but no longer guilty for future crimes that co cons. do
Asking someone to commit a crime for you with intent that he does it
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


4. violations of knock and announce
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
If D kills under an unreasonable self defense he is guilty of manslaughter
Do not require suppression of the evidence
If each has an element the other does not that no double jeapordy


5. probable cause

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6. robbery
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


7. exceptions to fruit of poisonous tree

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8. when is it not larceny?
Must occur within a year and a day
Must prove both that criminal design originated with police and D not disposed to commit crime.
Sex without victims consent by force or threat of force or victim is unconscious
If you intend to return it!


9. false pretenses
No defense to homicide
Being tried for the lesser included offense precludes further trying for greater offense
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 there is a concurrence issue


10. What is not voluntary

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11. requirements for wiretap warrant
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.
Probable cause - people expected t obe heard - conversation timing
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
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


12. unreasonable mistake of fact
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Defense to specific intent crimes
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If there is a concurrence issue


13. specific intent crimes
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Committed with adequate provocation.


14. merger
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
If you effectively communicate foregonig aggression
Of lesser included offenses and solicitation and attempt will merge


15. bail
Must prove both that criminal design originated with police and D not disposed to commit crime.
Making false writing or altering an existing instrument to defraud--forging a check
Decision immediately appealable
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


16. retreat?
Committed with adequate provocation.
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 defense to homicide
No need to retreat


17. solicitation
Asking someone to commit a crime for you with intent that he does it
But/for and so deficient behavior
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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.


18. assault

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19. burglary
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
Knowing and intelligent and voluntary
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


20. 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
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
No
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


21. 5th amendment right to counsel
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
If D only gets possession by telling a lie
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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.


22. malice
Physical stuff is not testimonial
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


23. death penalty

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24. common law murder
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


25. special needs exception

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26. testimonial
If there is a concurrence issue
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Misappropriation of property by one who was in lawful possession of the property at the time
Physical stuff is not testimonial


27. NY deadly force in crime prevention
Only to prevent kidnapping - rape - robbery or burglary
Only to impeach D's testimony
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


28. arson

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29. exclusionary rule
Only to impeach D's testimony
If you effectively communicate foregonig aggression
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.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


30. what is reasonable suspicion
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
As long as reasonable and in their practice
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Less than probable cause-- need particularized facts that support suspicion.


31. 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.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Knowing and intelligent and voluntary
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


32. durress
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.
Making false writing or altering an existing instrument to defraud--forging a check
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
No defense to homicide


33. when is it gov't conduct to fall in the 4th/
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
If you intend to return it!
Being tried for the lesser included offense precludes further trying for greater offense
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


34. what must judge establish during plea
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.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Still guilty but no longer guilty for future crimes that co cons. do


35. crime prevention
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.
No
Being tried for the lesser included offense precludes further trying for greater offense
Deadly force can be used only to prevent a crime dangerouns to human life


36. battery

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37. larceny
Still guilty but no longer guilty for future crimes that co cons. do
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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.
Knowing and intelligent and voluntary


38. search incident to arrest
Must be voluntary and intelligent
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
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.
Committed with adequate provocation.


39. miranda waiver
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Knowing and intelligent and voluntary


40. consent exception
Must be voluntary and intelligent
But/for and so deficient behavior
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


41. embezzlement
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.
Probable cause -- + particularity _ neutral magistrate
Misappropriation of property by one who was in lawful possession of the property at the time
If each has an element the other does not that no double jeapordy


42. when are you seized

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43. particularity
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.
passengers in cars and individuals using solely for business premises.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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


44. kidnapping
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Battery - rape - kidnapping - false imprisonment
Moving a victim or concealing in secret
You get off without a trial


45. non deadly force
Of lesser included offenses and solicitation and attempt will merge
Hold harmless standard- but iwll never apply to denial of counsel at trial
Battery - rape - kidnapping - false imprisonment
Can use if reasonably necessary to protect against immediate use of unlawful force


46. infancy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Moving a victim or concealing in secret
Public welfare offenses and statutory rape


47. MPC test
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


48. what if search was not valid
As long as reasonable and in their practice
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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. 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.


49. people who MAY have a reasonable expectation of privacy
Broadest- D's act caused by mental illness - product of mental illness. also called product test
If there is a concurrence issue
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 you effectively communicate foregonig aggression


50. exigent circumstances
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Public welfare offenses and statutory rape