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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. conspiracy
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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

2. search incident to arrest
Probable cause - people expected t obe heard - conversation timing
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
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Hold harmless standard- but iwll never apply to denial of counsel at trial

3. is an accomplice's liability dependant on principle's liability?
No
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
No need to retreat
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.

4. entrapment
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Must prove both that criminal design originated with police and D not disposed to commit crime.
No defense to homicide

5. type of consent
Misappropriation of property by one who was in lawful possession of the property at the time
But/for and so deficient behavior
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

6. 5th amendment right to counsel
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
'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 unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

7. insanity- irresistible impulse

8. homicide
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
If you try someone for criminal battery and victim then dies can be tried again for murder
Must occur within a year and a day
Must be voluntary and intelligent

9. exceptions to fruit of poisonous tree

10. solicitation
Must know it was stolen
Asking someone to commit a crime for you with intent that he does it
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.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

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

12. 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.
Committed with adequate provocation.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Must be voluntary and intelligent

13. MPC test
Misappropriation of property by one who was in lawful possession of the property at the time
Asking someone to commit a crime for you with intent that he does it
Committed with adequate provocation.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

14. crime prevention
Being tried for the lesser included offense precludes further trying for greater offense
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Deadly force can be used only to prevent a crime dangerouns to human life

15. false pretenses
Can be a defense t oa specific intent crime.
'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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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.

16. What is not voluntary

17. may illegally seized evidence be used

18. people who MAY have a reasonable expectation of privacy
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
Can be a defense t oa specific intent crime.
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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

19. involuntary intoxication
Do not require suppression of the evidence
Defense to any crime
Public welfare offenses and statutory rape
Moving a victim or concealing in secret

20. death penalty

21. arson

22. larceny
If you intend to return it!
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Deadly force can be used only to prevent a crime dangerouns to human life

23. When failure to act will result in a crime
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
'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.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

24. common law murder
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
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

25. general intent
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Battery - rape - kidnapping - false imprisonment
If you intend to return it!

26. burglary
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
But/for and so deficient behavior
'throwing a punch'-- general intent crime

27. miranda warning
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.
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
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

28. 6th amendment right to counsel
It is offense specific - applies with formal charges
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
No defense to homicide
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

29. when is it not larceny?
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
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.
If D only gets possession by telling a lie
If you intend to return it!

30. attempt
Physical stuff is not testimonial
Do not require suppression of the evidence
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

31. same offense test
Only to prevent kidnapping - rape - robbery or burglary
Making false writing or altering an existing instrument to defraud--forging a check
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

32. double jeapordy attaches when
As long as reasonable and in their practice
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Asusme risk that person you r speaking w/is a snich
Public welfare offenses and statutory rape

33. particularity
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. 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
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
No

34. exception to miranda
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
Moving a victim or concealing in secret
Battery - rape - kidnapping - false imprisonment
Public safety

35. what if search was not valid
Probable cause - people expected t obe heard - conversation timing
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 only gets possession by telling a lie
Do not require suppression of the evidence

36. infancy
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
'throwing a punch'-- general intent crime

37. separate sovereigns
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.
If you intend to return it!
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

38. battery

39. terry frisk
If D kills under an unreasonable self defense he is guilty of manslaughter
If you try someone for criminal battery and victim then dies can be tried again for murder
Moving a victim or concealing in secret
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.

40. valid warrant
If each has an element the other does not that no double jeapordy
Broadest- D's act caused by mental illness - product of mental illness. also called product test
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Probable cause -- + particularity _ neutral magistrate

41. voluntary manslaighter
Knowing and intelligent and voluntary
Asusme risk that person you r speaking w/is a snich
Being tried for the lesser included offense precludes further trying for greater offense
Committed with adequate provocation.

42. robbery
Defense to specific intent crimes
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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. 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

43. violations of knock and announce
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
Do not require suppression of the evidence
Must be voluntary and intelligent
Probable cause -- + particularity _ neutral magistrate

44. plain view exception
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
No defense to homicide
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

45. involuntary manslaughter
But/for and so deficient behavior
No
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
'throwing a punch'-- general intent crime

46. malice
If each has an element the other does not that no double jeapordy
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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.
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

47. when is good faith not available
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
Defense to any crime
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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

48. accomplice liability
Must know it was stolen
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. 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.
Do not require suppression of the evidence

49. merger
If you try someone for criminal battery and victim then dies can be tried again for murder
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Of lesser included offenses and solicitation and attempt will merge
Can use if reasonably necessary to protect against immediate use of unlawful force

50. consent exception
Must be voluntary and intelligent
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
You get off without a trial
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