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Criminal Law

Subject : law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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
No defense to homicide
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Still guilty but no longer guilty for future crimes that co cons. do

2. what must judge establish during plea
Can be a defense t oa specific intent crime.
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.
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.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

3. double jeapordy attaches when
No need to retreat
Being tried for the lesser included offense precludes further trying for greater offense
No defense to homicide
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

4. specific intent crimes
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. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

5. when are you seized
Must be voluntary and intelligent
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. 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
Only to prevent kidnapping - rape - robbery or burglary

6. what are co conspirators liable for
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

7. if all co conspirators are acquitted vefore you then
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
You get off without a trial
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Vicarious liability for any foreseeable crime in furtherance of conspiracy

8. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
If you effectively communicate foregonig aggression
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

9. ineffective assistance of counsel
Brief detention or seizure for purpose of investigating suspicious conduct if based on 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
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
But/for and so deficient behavior

10. search incident to arrest
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
Public safety

11. exigent circumstances
If you effectively communicate foregonig aggression
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
If you intend to return it!

12. 5th amendment right to counsel
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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
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
If there is a concurrence issue

13. miranda waiver
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Knowing and intelligent and voluntary
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
'throwing a punch'-- general intent crime

14. reasonable mistake of fact
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
Only to prevent kidnapping - rape - robbery or burglary
Must occur within a year and a day
Defense to specific intent and malice and general intent crimes

15. 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
Deadly force can be used only to prevent a crime dangerouns to human life
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

16. attempt
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
No defense to homicide
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

17. what if search was not valid
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.
Public welfare offenses and statutory rape
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

18. unreasonable mistake of fact
Defense to specific intent crimes
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Physical stuff is not testimonial
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

19. exceptions to fruit of poisonous tree
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.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Battery - rape - kidnapping - false imprisonment
If you intend to return it!

20. 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.
Hold harmless standard- but iwll never apply to denial of counsel at trial
Probable cause -- + particularity _ neutral magistrate
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

21. exception to lesser included offense double jeapordy
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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 you try someone for criminal battery and victim then dies can be tried again for murder
Vicarious liability for any foreseeable crime in furtherance of conspiracy

22. consent exception
Knowing and intelligent and voluntary
Public welfare offenses and statutory rape
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Must be voluntary and intelligent

23. people who MAY have a reasonable expectation of privacy
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.
Must occur within a year and a day
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

24. voluntary intoxication
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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.
Decision immediately appealable

25. miranda warning
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
Knowing and intelligent and voluntary
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

26. durress
No defense to homicide
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!
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

27. involuntary intoxication
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Defense to any crime

28. 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
Still guilty but no longer guilty for future crimes that co cons. do
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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.

29. assault
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Public safety
'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
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

30. merger
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
Of lesser included offenses and solicitation and attempt will merge
Committed with adequate provocation.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

31. when is it not larceny?
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Can use if reasonably necessary to protect against immediate use of unlawful force
If you intend to return it!
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

32. may illegally seized evidence be used
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
If you try someone for criminal battery and victim then dies can be tried again for murder
If you intend to return it!
Only to impeach D's testimony

33. inventory exception
Asusme risk that person you r speaking w/is a snich
As long as reasonable and in their practice
Less than probable cause-- need particularized facts that support suspicion.
Must know it was stolen

34. what has no reasonable expectation of privacy
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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.
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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

35. common law murder
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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
Probable cause - people expected t obe heard - conversation timing

36. general intent
Battery - rape - kidnapping - false imprisonment
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Must know it was stolen

37. larceny
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
If there is a concurrence issue
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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

38. valid warrant
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Probable cause -- + particularity _ neutral magistrate
If each has an element the other does not that no double jeapordy
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

39. death penalty
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

40. non deadly force
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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.
Can use if reasonably necessary to protect against immediate use of unlawful force
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

41. accomplice liability
Can use if reasonably necessary to protect against immediate use of unlawful force
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 any crime
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

42. plain view exception
If each has an element the other does not that no double jeapordy
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

43. receit of stolen property
Asking someone to commit a crime for you with intent that he does it
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Must know it was stolen

44. involuntary manslaughter
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 criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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

45. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
No need to retreat
You get off without a trial
Only to impeach D's testimony

46. infancy
Moving a victim or concealing in secret
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Must occur within a year and a day
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.

47. who has reasonable expectation of privacy?
passengers in cars and individuals using solely for business premises.
If you intend to return it!
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

48. when is it gov't conduct to fall in the 4th/
Probable cause - people expected t obe heard - conversation timing
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Defense to specific intent crimes
passengers in cars and individuals using solely for business premises.

49. voluntary manslaighter
Defense to specific intent crimes
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Do not require suppression of the evidence
Committed with adequate provocation.

50. terry stop
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
6 person minimum - unanimity only required when 6 used

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