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. lesser included offenses
Being tried for the lesser included offense precludes further trying for greater offense
Public safety
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
Must be voluntary and intelligent


2. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Public safety
Knowing and intelligent and voluntary
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


3. special needs exception

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4. continuing trespass
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
If there is a concurrence issue
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
If you try someone for criminal battery and victim then dies can be tried again for murder


5. consent exception
Battery - rape - kidnapping - false imprisonment
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
Must be voluntary and intelligent
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


6. when are you seized

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7. 6th amendment right to counsel
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
It is offense specific - applies with formal charges
If you intend to return it!
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


8. probable cause

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9. What is not voluntary

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10. strict liability
Public welfare offenses and statutory rape
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Decision immediately appealable
'throwing a punch'-- general intent crime


11. durham test

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12. who has reasonable expectation of privacy?
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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
If D only gets possession by telling a lie


13. conspiracy
Can be a defense t oa specific intent crime.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
No
Do not require suppression of the evidence


14. MPC test
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


15. double jeapordy attaches when
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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


16. NY deadly force in crime prevention
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
Only to prevent kidnapping - rape - robbery or burglary
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


17. how to withdraw plea

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18. is an accomplice's liability dependant on principle's liability?
No
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
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


19. type of consent
Must know it was stolen
Must be voluntary and intelligent
Still guilty but no longer guilty for future crimes that co cons. do
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


20. insanity- irresistible impulse

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21. people who MAY have a reasonable expectation of privacy
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
Being tried for the lesser included offense precludes further trying for greater offense
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.


22. if all co conspirators are acquitted vefore you then
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.
You get off without a trial
If D kills under an unreasonable self defense he is guilty of manslaughter
Asusme risk that person you r speaking w/is a snich


23. plain view exception
Public welfare offenses and statutory rape
Hold harmless standard- but iwll never apply to denial of counsel at trial
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor


24. may illegally seized evidence be used

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25. embezzlement
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
Must prove both that criminal design originated with police and D not disposed to commit crime.
Misappropriation of property by one who was in lawful possession of the property at the time


26. exceptions that permit retrial
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests


27. when is good faith not available
Probable cause - people expected t obe heard - conversation timing
No need to retreat
You get off without a trial
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


28. testimonial
Making false writing or altering an existing instrument to defraud--forging a check
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Physical stuff is not testimonial
If you try someone for criminal battery and victim then dies can be tried again for murder


29. if you withdraw from conspiracy
Still guilty but no longer guilty for future crimes that co cons. do
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


30. merger
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Of lesser included offenses and solicitation and attempt will merge
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


31. separate sovereigns
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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 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!


32. retreat?
No need to retreat
If D only gets possession by telling a lie
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Misappropriation of property by one who was in lawful possession of the property at the time


33. voluntary intoxication
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
Can be a defense t oa specific intent crime.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Misappropriation of property by one who was in lawful possession of the property at the time


34. malice
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
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)


35. knock and announce
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. 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.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


36. infancy
Misappropriation of property by one who was in lawful possession of the property at the time
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
No defense to homicide
Vicarious liability for any foreseeable crime in furtherance of conspiracy


37. violations of knock and announce
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
'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
Do not require suppression of the evidence
If you try someone for criminal battery and victim then dies can be tried again for murder


38. exception to miranda
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Public safety
Less than probable cause-- need particularized facts that support suspicion.
Broadest- D's act caused by mental illness - product of mental illness. also called product test


39. exclusionary rule
Must occur within a year and a day
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
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.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


40. when is it not larceny?
If you intend to return it!
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
Making false writing or altering an existing instrument to defraud--forging a check
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.


41. involuntary intoxication
Less than probable cause-- need particularized facts that support suspicion.
Probable cause -- + particularity _ neutral magistrate
Defense to any crime
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.


42. challenges to ID procedures
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.
Committed with adequate provocation.
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


43. deadly force
Of lesser included offenses and solicitation and attempt will merge
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
If D kills under an unreasonable self defense he is guilty of manslaughter
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


44. what must judge establish during plea
Committed with adequate provocation.
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.
Can use if reasonably necessary to protect against immediate use of unlawful force
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


45. what if it is erroneously included anyway
6 person minimum - unanimity only required when 6 used
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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Hold harmless standard- but iwll never apply to denial of counsel at trial


46. 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
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.
Less than probable cause-- need particularized facts that support suspicion.
Probable cause -- + particularity _ neutral magistrate


47. exception to lesser included offense double jeapordy
'throwing a punch'-- general intent crime
If you try someone for criminal battery and victim then dies can be tried again for murder
Decision immediately appealable
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


48. 5th amendment right to counsel
If you intend to return it!
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
As long as reasonable and in their practice
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


49. limitations on felony 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
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.
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


50. involuntary manslaughter
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Moving a victim or concealing in secret
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.