Test your basic knowledge |

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. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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

2. embezzlement
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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
Misappropriation of property by one who was in lawful possession of the property at the time
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

3. terry stop
6 person minimum - unanimity only required when 6 used
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Decision immediately appealable
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

4. death penalty
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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
Asking someone to commit a crime for you with intent that he does it
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

5. unreasonable mistake of fact
But/for and so deficient behavior
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
Defense to specific intent crimes
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

6. miranda warning
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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 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.
Public welfare offenses and statutory rape

7. when is it gov't conduct to fall in the 4th/
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Must prove both that criminal design originated with police and D not disposed to commit crime.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
If each has an element the other does not that no double jeapordy

8. insanity- irresistible impulse
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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!

9. knock and announce
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.
Defense to specific intent crimes
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

10. robbery
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Less than probable cause-- need particularized facts that support suspicion.
If D only gets possession by telling a lie
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

11. exigent circumstances
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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
If each has an element the other does not that no double jeapordy

12. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
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.
Decision immediately appealable
Probable cause - people expected t obe heard - conversation timing

13. valid warrant
Probable cause -- + particularity _ neutral magistrate
If D kills under an unreasonable self defense he is guilty of manslaughter
Public welfare offenses and statutory rape
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

14. type of consent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
6 person minimum - unanimity only required when 6 used
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!
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

15. battery
Misappropriation of property by one who was in lawful possession of the property at the time
Defense to specific intent crimes
Defense to any crime
'throwing a punch'-- general intent crime

16. solicitation
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Deadly force can be used only to prevent a crime dangerouns to human life
6 person minimum - unanimity only required when 6 used
Asking someone to commit a crime for you with intent that he does it

17. is an accomplice's liability dependant on principle's liability?
If D only gets possession by telling a lie
No
Can be a defense t oa specific intent crime.
Battery - rape - kidnapping - false imprisonment

18. false pretenses
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.
Deadly force can be used only to prevent a crime dangerouns to human life
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
'throwing a punch'-- general intent crime

19. durham test
If D only gets possession by telling a lie
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Hold harmless standard- but iwll never apply to denial of counsel at trial

20. entrapment
If D only gets possession by telling a lie
Must prove both that criminal design originated with police and D not disposed to commit crime.
Can use if reasonably necessary to protect against immediate use of unlawful force
Decision immediately appealable

21. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

22. 5th amendment right to counsel
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
But/for and so deficient behavior
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

23. what must judge establish during plea
But/for and so deficient behavior
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.
Only to impeach D's testimony
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.

24. accomplice liability
No defense to homicide
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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
If you intend to return it!

25. general intent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Battery - rape - kidnapping - false imprisonment
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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

26. larceny
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
No
Battery - rape - kidnapping - false imprisonment
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

27. what are co conspirators liable for
Probable cause -- + particularity _ neutral magistrate
Sex without victims consent by force or threat of force or victim is unconscious
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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

28. exclusionary rule
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.
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

29. what is reasonable suspicion
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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.
Less than probable cause-- need particularized facts that support suspicion.

30. when are you seized
Committed with adequate provocation.
Asusme risk that person you r speaking w/is a snich
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

31. lesser included offenses
Must occur within a year and a day
Being tried for the lesser included offense precludes further trying for greater offense
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

32. forgery
Making false writing or altering an existing instrument to defraud--forging a check
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.
Must prove both that criminal design originated with police and D not disposed to commit crime.
Can be a defense t oa specific intent crime.

33. 6th amendment right to counsel
It is offense specific - applies with formal charges
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.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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

34. infancy
Deadly force can be used only to prevent a crime dangerouns to human life
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

35. people who do NOT have reasonable expectation of privacy
passengers in cars and individuals using solely for business premises.
'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
No
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

36. imperfect self defense
If D kills under an unreasonable self defense he is guilty of manslaughter
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

37. who is not an accomplice
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
If you effectively communicate foregonig aggression
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

38. reasonable mistake of fact
As long as reasonable and in their practice
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.
Knowing and intelligent and voluntary
Defense to specific intent and malice and general intent crimes

39. voluntary intoxication
Can be a defense t oa specific intent crime.
If you intend to return it!
No need to retreat
No defense to homicide

40. bail
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Decision immediately appealable

41. What is not voluntary
If you intend to return it!
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Can use if reasonably necessary to protect against immediate use of unlawful force
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

42. insanity - mc naughten test
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Can be a defense t oa specific intent crime.
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

43. jury trial
Making false writing or altering an existing instrument to defraud--forging a check
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Committed with adequate provocation.
6 person minimum - unanimity only required when 6 used

44. when is good faith not available
Making false writing or altering an existing instrument to defraud--forging a check
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. 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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

45. exception to miranda
Public safety
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Knowing and intelligent and voluntary
Hold harmless standard- but iwll never apply to denial of counsel at trial

46. non deadly force
Making false writing or altering an existing instrument to defraud--forging a check
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Can use if reasonably necessary to protect against immediate use of unlawful force
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 can you use deadly force AND be initial aggressor?
Hold harmless standard- but iwll never apply to denial of counsel at trial
If you effectively communicate foregonig aggression
passengers in cars and individuals using solely for business premises.
Making false writing or altering an existing instrument to defraud--forging a check

48. uttering
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. 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.
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
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

49. plain view exception
Only to prevent kidnapping - rape - robbery or burglary
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Physical stuff is not testimonial
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

50. miranda waiver
Knowing and intelligent and voluntary
Do not require suppression of the evidence
Of lesser included offenses and solicitation and attempt will merge
'throwing a punch'-- general intent crime

Test your basic knowledge |

Criminal Law

Communication skills, Self help skills, Self improvement skills, Productivity skills, Writing skills, Business skills, Thinking skills & More...

502 Pages | Only $12 | PDF / EPub, Kindle Ready

Link to This Test

Related Subjects