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. violations of knock and announce
Do not require suppression of the evidence
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!
Knowing and intelligent and voluntary
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


2. receit of stolen property
Must know it was stolen
Committed with adequate provocation.
Defense to specific intent and malice and general intent crimes
Physical stuff is not testimonial


3. common law murder
Only to prevent kidnapping - rape - robbery or burglary
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


4. how to withdraw plea

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5. automobile exception
Asusme risk that person you r speaking w/is a snich
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.
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.
Vicarious liability for any foreseeable crime in furtherance of conspiracy


6. people who MAY have a reasonable expectation of privacy
Battery - rape - kidnapping - false imprisonment
Must occur within a year and a day
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 need to retreat


7. false pretenses
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
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.
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


8. entrapment
Must prove both that criminal design originated with police and D not disposed to commit crime.
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
No need to retreat
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


9. malice
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
Deadly force can be used only to prevent a crime dangerouns to human life
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


10. forgery
Making false writing or altering an existing instrument to defraud--forging a check
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


11. insanity - mc naughten test
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Must prove both that criminal design originated with police and D not disposed to commit crime.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Less than probable cause-- need particularized facts that support suspicion.


12. 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
If D kills under an unreasonable self defense he is guilty of manslaughter
Less than probable cause-- need particularized facts that support suspicion.
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


13. deadly force
Defense to specific intent and malice and general intent crimes
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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


14. non deadly force
Can use if reasonably necessary to protect against immediate use of unlawful force
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Less than probable cause-- need particularized facts that support suspicion.
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


15. people who do NOT have reasonable expectation of privacy
Probable cause - people expected t obe heard - conversation timing
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Sex without victims consent by force or threat of force or victim is unconscious
passengers in cars and individuals using solely for business premises.


16. strict liability
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.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Public welfare offenses and statutory rape
Misappropriation of property by one who was in lawful possession of the property at the time


17. reasonable mistake of fact
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.
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. 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.
Defense to specific intent and malice and general intent crimes


18. battery

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19. is an accomplice's liability dependant on principle's liability?
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
No


20. arson

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21. ineffective assistance of counsel
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Hold harmless standard- but iwll never apply to denial of counsel at trial
But/for and so deficient behavior


22. withdrawal of accomplice liability
You get off without a trial
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!
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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.


23. knock and announce
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


24. when can you use deadly force AND be initial aggressor?
Hold harmless standard- but iwll never apply to denial of counsel at trial
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
If you effectively communicate foregonig aggression
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor


25. MPC test
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 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
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!


26. 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
If each has an element the other does not that no double jeapordy
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 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!


27. What is not voluntary

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28. what if search was not valid
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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 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


29. exigent circumstances
Defense to specific intent crimes
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
It is offense specific - applies with formal charges
Vicarious liability for any foreseeable crime in furtherance of conspiracy


30. unreasonable mistake of fact
Defense to specific intent crimes
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.
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.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor


31. separate sovereigns
Probable cause - people expected t obe heard - conversation timing
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
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
Committed with adequate provocation.


32. merger
Defense to any crime
Defense to specific intent crimes
Of lesser included offenses and solicitation and attempt will merge
Only to impeach D's testimony


33. involuntary manslaughter
Decision immediately appealable
passengers in cars and individuals using solely for business premises.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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


34. consent exception
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
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
'throwing a punch'-- general intent crime


35. who has reasonable expectation of privacy?
No defense to homicide
Still guilty but no longer guilty for future crimes that co cons. do
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests


36. uttering
Of lesser included offenses and solicitation and attempt will merge
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Decision immediately appealable
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


37. 6th amendment right to counsel
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
It is offense specific - applies with formal charges
Defense to any crime
Decision immediately appealable


38. kidnapping
Moving a victim or concealing in secret
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Asusme risk that person you r speaking w/is a snich


39. exception to miranda
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
You get off without a trial
Public safety
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)


40. lesser included offenses
6 person minimum - unanimity only required when 6 used
Being tried for the lesser included offense precludes further trying for greater offense
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


41. insanity- irresistible impulse

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42. special needs exception

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43. voluntary manslaighter
Committed with adequate provocation.
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
Defense to specific intent and malice and general 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!


44. exceptions to fruit of poisonous tree

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45. When failure to act will result in a crime
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.
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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


46. what are co conspirators liable for
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.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
You get off without a trial
Asusme risk that person you r speaking w/is a snich


47. what is reasonable suspicion
Less than probable cause-- need particularized facts that support suspicion.
Misappropriation of property by one who was in lawful possession of the property at the time
Moving a victim or concealing in secret
Broadest- D's act caused by mental illness - product of mental illness. also called product test


48. probable cause

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49. specific intent crimes
Making false writing or altering an existing instrument to defraud--forging a check
Deadly force can be used only to prevent a crime dangerouns to human life
Can use if reasonably necessary to protect against immediate use of unlawful force
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


50. conspiracy
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
You get off without a trial
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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