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. assault

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2. people who MAY have a reasonable expectation of privacy
Being tried for the lesser included offense precludes further trying for greater offense
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
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. miranda waiver
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.
Only to impeach D's testimony
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


4. involuntary intoxication
Defense to any 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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
6 person minimum - unanimity only required when 6 used


5. if all co conspirators are acquitted vefore you then
You get off without a trial
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.
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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


6. insanity- irresistible impulse

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7. challenges to ID procedures
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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.
Must prove both that criminal design originated with police and D not disposed to commit crime.
Only to prevent kidnapping - rape - robbery or burglary


8. exceptions that permit retrial
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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
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
If each has an element the other does not that no double jeapordy


9. exception to miranda
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Public safety
If each has an element the other does not that no double jeapordy
Probable cause -- + particularity _ neutral magistrate


10. what if it is erroneously included anyway
Only to impeach D's testimony
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Hold harmless standard- but iwll never apply to denial of counsel at trial


11. may illegally seized evidence be used

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12. particularity
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
But/for and so deficient behavior
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
Probable cause -- + particularity _ neutral magistrate


13. how to withdraw plea

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14. receit of stolen property
Only to prevent kidnapping - rape - robbery or burglary
Must know it was stolen
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Can use if reasonably necessary to protect against immediate use of unlawful force


15. inventory exception
As long as reasonable and in their practice
If D kills under an unreasonable self defense he is guilty of manslaughter
Must be voluntary and intelligent
Must know it was stolen


16. unreasonable mistake of fact
Asking someone to commit a crime for you with intent that he does it
Battery - rape - kidnapping - false imprisonment
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Defense to specific intent crimes


17. when can you use deadly force AND be initial aggressor?
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 use if reasonably necessary to protect against immediate use of unlawful force
If you effectively communicate foregonig aggression
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive


18. general intent
Battery - rape - kidnapping - false imprisonment
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 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!
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


19. terry frisk
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
Misappropriation of property by one who was in lawful possession of the property at the time
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.
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.


20. jury trial
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.
Misappropriation of property by one who was in lawful possession of the property at the time
Moving a victim or concealing in secret
6 person minimum - unanimity only required when 6 used


21. larceny by trick
If D only gets possession by telling a lie
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


22. when is it not larceny?
Being tried for the lesser included offense precludes further trying for greater offense
If you intend to return it!
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
'throwing a punch'-- general intent crime


23. homicide
Must occur within a year and a day
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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


24. voluntary manslaighter
Committed with adequate provocation.
Physical stuff is not testimonial
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


25. durress
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 defense to homicide
Committed with adequate provocation.
Knowing and intelligent and voluntary


26. burglary
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.
If you intend to return it!
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


27. exigent circumstances
6 person minimum - unanimity only required when 6 used
Must know it was stolen
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If each has an element the other does not that no double jeapordy


28. arson

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29. non deadly force
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Can use if reasonably necessary to protect against immediate use of unlawful force
Asusme risk that person you r speaking w/is a snich


30. death penalty

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31. merger
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Decision immediately appealable
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Of lesser included offenses and solicitation and attempt will merge


32. ineffective assistance of counsel
It is offense specific - applies with formal charges
But/for and so deficient behavior
If D only gets possession by telling a lie
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


33. what is interrogation
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Decision immediately appealable
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


34. exceptions to fruit of poisonous tree

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35. battery

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36. type of consent
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Only to prevent kidnapping - rape - robbery or burglary
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


37. violations of knock and announce
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.
Only to impeach D's testimony
Do not require suppression of the evidence
Deadly force can be used only to prevent a crime dangerouns to human life


38. voluntary intoxication
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
Can be a defense t oa specific intent crime.
Public welfare offenses and statutory rape
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).


39. unreliable ear doctrine
Asusme risk that person you r speaking w/is a snich
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
If there is a concurrence issue


40. crime prevention
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
Knowing and intelligent and voluntary
Deadly force can be used only to prevent a crime dangerouns to human life


41. robbery
Defense to specific intent crimes
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Asusme risk that person you r speaking w/is a snich
Only to impeach D's testimony


42. kidnapping
Moving a victim or concealing in secret
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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.


43. durham test

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44. What is not voluntary

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45. what has no reasonable expectation of privacy

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46. strict liability
Defense to any crime
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
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Public welfare offenses and statutory rape


47. special needs exception

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48. accomplice liability
If you effectively communicate foregonig aggression
Decision immediately appealable
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
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.


49. infancy
No
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
6 person minimum - unanimity only required when 6 used


50. retreat?
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Defense to any crime
No need to retreat