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. false pretenses
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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
Probable cause -- + particularity _ neutral magistrate
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.


2. who has reasonable expectation of privacy?
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests


3. consent exception
'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
Knowing and intelligent and voluntary
Public welfare offenses and statutory rape
Must be voluntary and intelligent


4. continuing trespass
Broadest- D's act caused by mental illness - product of mental illness. also called product test
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Physical stuff is not testimonial
If there is a concurrence issue


5. jury trial
If there is a concurrence issue
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
6 person minimum - unanimity only required when 6 used
No defense to homicide


6. strict liability
Only to impeach D's testimony
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Public welfare offenses and statutory rape
If D only gets possession by telling a lie


7. When failure to act will result in a crime
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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
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


8. what must judge establish during plea
Battery - rape - kidnapping - false imprisonment
If there is a concurrence issue
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 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


9. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Defense to any crime
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


10. special needs exception

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11. exceptions that permit retrial
No need to retreat
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Vicarious liability for any foreseeable crime in furtherance of conspiracy


12. valid warrant
Misappropriation of property by one who was in lawful possession of the property at the time
Probable cause -- + particularity _ neutral magistrate
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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.


13. when is it not larceny?
Probable cause - people expected t obe heard - conversation timing
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!
6 person minimum - unanimity only required when 6 used


14. what are co conspirators liable for
Must prove both that criminal design originated with police and D not disposed to commit crime.
If you effectively communicate foregonig aggression
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Vicarious liability for any foreseeable crime in furtherance of conspiracy


15. exception to miranda
No defense to homicide
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Public safety


16. common law murder
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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
If you effectively communicate foregonig aggression
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


17. MPC test
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
Committed with adequate provocation.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions


18. 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!
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.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
passengers in cars and individuals using solely for business premises.


19. 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
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.
No defense to homicide
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


20. particularity
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
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
If there is a concurrence issue
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


21. people who MAY have a reasonable expectation of privacy
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 prove both that criminal design originated with police and D not disposed to commit crime.
Asusme risk that person you r speaking w/is a snich
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


22. when are you seized

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23. what is reasonable suspicion
No defense to homicide
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
Less than probable cause-- need particularized facts that support suspicion.
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


24. merger
If you intend to return it!
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)
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


25. ineffective assistance of counsel
But/for and so deficient behavior
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.
Can be a defense t oa specific intent crime.
You get off without a trial


26. general intent
Still guilty but no longer guilty for future crimes that co cons. do
Battery - rape - kidnapping - false imprisonment
No need to retreat
'throwing a punch'-- general intent crime


27. what if it is erroneously included anyway
Asusme risk that person you r speaking w/is a snich
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Hold harmless standard- but iwll never apply to denial of counsel at trial


28. when can you use deadly force AND be initial aggressor?
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!
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
If you effectively communicate foregonig aggression


29. separate sovereigns
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.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
Moving a victim or concealing in secret


30. when is it gov't conduct to fall in the 4th/
Broadest- D's act caused by mental illness - product of mental illness. also called product 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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Moving a victim or concealing in secret


31. arson

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32. terry stop
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
No defense to homicide
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion


33. NY deadly force in crime prevention
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
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.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Only to prevent kidnapping - rape - robbery or burglary


34. may illegally seized evidence be used

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35. rape
Of lesser included offenses and solicitation and attempt will merge
If each has an element the other does not that no double jeapordy
Sex without victims consent by force or threat of force or victim is unconscious
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.


36. terry frisk
6 person minimum - unanimity only required when 6 used
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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.
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.


37. inventory exception
As long as reasonable and in their practice
You get off without a trial
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Only to impeach D's testimony


38. voluntary intoxication
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
Can be a defense t oa specific intent crime.


39. limitations on felony murder
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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
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


40. who is not an accomplice
Committed with adequate provocation.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


41. challenges to ID procedures
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.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that 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.
Only to prevent kidnapping - rape - robbery or burglary


42. unreasonable mistake of fact
If you try someone for criminal battery and victim then dies can be tried again for murder
Defense to specific intent crimes
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


43. solicitation
Asking someone to commit a crime for you with intent that he does it
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
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


44. assault

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45. if you withdraw from conspiracy
Less than probable cause-- need particularized facts that support suspicion.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Still guilty but no longer guilty for future crimes that co cons. do
If each has an element the other does not that no double jeapordy


46. voluntary manslaighter
If you intend to return it!
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Committed with adequate provocation.
Asusme risk that person you r speaking w/is a snich


47. 5th amendment right to counsel
If D only gets possession by telling a lie
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
If you try someone for criminal battery and victim then dies can be tried again for murder
'throwing a punch'-- general intent crime


48. entrapment
Defense to specific intent and malice and general intent crimes
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
Physical stuff is not testimonial


49. 6th amendment right to counsel
No defense to homicide
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
It is offense specific - applies with formal charges
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


50. retreat?
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
No need to retreat
Committed with adequate provocation.
If you effectively communicate foregonig aggression