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. deadly force
Asking someone to commit a crime for you with intent that he does it
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.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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


2. violations of knock and announce
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Do not require suppression of the evidence
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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.


3. durham test

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4. retreat?
Decision immediately appealable
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
No need to retreat
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


5. what if search was not valid
Must prove both that criminal design originated with police and D not disposed to commit crime.
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
You get off without a trial


6. if all co conspirators are acquitted vefore you then
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Misappropriation of property by one who was in lawful possession of the property at the time
You get off without a trial
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police


7. who has reasonable expectation of privacy?
No
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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


8. 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.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Decision immediately appealable
Defense to specific intent crimes


9. testimonial
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
Physical stuff is not testimonial
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


10. when is good faith not available
No defense to homicide
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
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.


11. non deadly force
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
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Can use if reasonably necessary to protect against immediate use of unlawful force


12. voluntary intoxication
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Can be a defense t oa specific intent crime.
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.
Public welfare offenses and statutory rape


13. common law murder
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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


14. how to withdraw plea

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15. plain view exception
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
Must prove both that criminal design originated with police and D not disposed to commit crime.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
As long as reasonable and in their practice


16. when is it gov't conduct to fall in the 4th/
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.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police


17. if you withdraw from conspiracy
Still guilty but no longer guilty for future crimes that co cons. do
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.
If D only gets possession by telling a lie


18. what is interrogation
Can use if reasonably necessary to protect against immediate use of unlawful force
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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


19. people who do NOT have reasonable expectation of privacy
Probable cause -- + particularity _ neutral magistrate
If each has an element the other does not that no double jeapordy
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.
passengers in cars and individuals using solely for business premises.


20. embezzlement
Defense to specific intent crimes
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Misappropriation of property by one who was in lawful possession of the property at the time
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor


21. assault

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22. insanity- irresistible impulse

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23. death penalty

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24. arson

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25. miranda warning
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
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
Public welfare offenses and statutory rape
Must occur within a year and a day


26. exceptions to fruit of poisonous tree

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27. 5th amendment right to counsel
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Knowing and intelligent and voluntary
If you intend to return it!


28. general intent
'throwing a punch'-- general intent 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.
Battery - rape - kidnapping - false imprisonment
You get off without a trial


29. exclusionary rule
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.
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.
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


30. What is not voluntary

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31. withdrawal of accomplice liability
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!
Misappropriation of property by one who was in lawful possession of the property at the time
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


32. particularity
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Defense to any crime
Only to impeach D's testimony
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


33. people who MAY have a reasonable expectation of privacy
If you intend to return it!
Being tried for the lesser included offense precludes further trying for greater offense
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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.


34. when is it not larceny?
But/for and so deficient behavior
Public safety
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
If you intend to return it!


35. exigent circumstances
Misappropriation of property by one who was in lawful possession of the property at the time
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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


36. insanity - mc naughten test
Probable cause -- + particularity _ neutral magistrate
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act


37. exceptions that permit retrial
It is offense specific - applies with formal charges
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
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.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


38. special needs exception

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39. may illegally seized evidence be used

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40. inventory exception
Misappropriation of property by one who was in lawful possession of the property at the time
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
6 person minimum - unanimity only required when 6 used
As long as reasonable and in their practice


41. larceny by trick
Do not require suppression of the evidence
If D only gets possession by telling a lie
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


42. unreasonable mistake of fact
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
Defense to specific intent crimes
Committed with adequate provocation.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


43. reasonable mistake of fact
Can be a defense t oa specific intent crime.
Defense to specific intent and malice and general intent crimes
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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


44. what are co conspirators liable for
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
Must prove both that criminal design originated with police and D not disposed to commit crime.
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy


45. voluntary manslaighter
Committed with adequate provocation.
Misappropriation of property by one who was in lawful possession of the property at the time
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.
Moving a victim or concealing in secret


46. knock and announce
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


47. jury trial
6 person minimum - unanimity only required when 6 used
Can be a defense t oa specific intent crime.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


48. what is reasonable suspicion
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!
Probable cause -- + particularity _ neutral magistrate
Less than probable cause-- need particularized facts that support suspicion.


49. challenges to ID procedures
You get off without a trial
Misappropriation of property by one who was in lawful possession of the property at the time
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 you try someone for criminal battery and victim then dies can be tried again for murder


50. continuing trespass
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.
Misappropriation of property by one who was in lawful possession of the property at the time
You get off without a trial
If there is a concurrence issue