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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.
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. separate sovereigns
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
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.
'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
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

2. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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
Still guilty but no longer guilty for future crimes that co cons. do
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

3. voluntary manslaighter
6 person minimum - unanimity only required when 6 used
Committed with adequate provocation.
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
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!

4. exclusionary rule
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.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Committed with adequate provocation.
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

5. 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
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
No

6. common law murder
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.
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 be a defense t oa specific intent crime.

7. when is it not larceny?
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
If you intend to return it!
Asusme risk that person you r speaking w/is a snich

8. larceny by trick
passengers in cars and individuals using solely for business premises.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
If D only gets possession by telling a lie
Must occur within a year and a day

9. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
If you intend to return it!
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
Of lesser included offenses and solicitation and attempt will merge

10. reasonable mistake of fact
Do not require suppression of the evidence
Defense to specific intent and malice and general intent crimes
Probable cause - people expected t obe heard - conversation timing
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

11. attempt
If D kills under an unreasonable self defense he is guilty of manslaughter
Knowing and intelligent and voluntary
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Still guilty but no longer guilty for future crimes that co cons. do

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

13. probable cause

14. if all co conspirators are acquitted vefore you then
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.
You get off without a trial
Physical stuff is not testimonial
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

15. consent exception
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
passengers in cars and individuals using solely for business premises.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Must be voluntary and intelligent

16. exceptions that permit retrial
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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
Less than probable cause-- need particularized facts that support suspicion.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

17. 6th amendment right to counsel
Decision immediately appealable
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
It is offense specific - applies with formal charges
'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

18. what if it is erroneously included anyway
No
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Hold harmless standard- but iwll never apply to denial of counsel at trial

19. testimonial
Physical stuff is not testimonial
If you effectively communicate foregonig aggression
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. 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

20. 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!
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.
Must occur within a year and a day
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

21. exceptions to fruit of poisonous tree

22. particularity
Can use if reasonably necessary to protect against immediate use of unlawful force
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
If you intend to return it!

23. exigent circumstances
Probable cause - people expected t obe heard - conversation timing
Asusme risk that person you r speaking w/is a snich
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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

24. 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.
Of lesser included offenses and solicitation and attempt will merge
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.
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

25. same offense test
If each has an element the other does not that no double jeapordy
Only to prevent kidnapping - rape - robbery or burglary
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Must be voluntary and intelligent

26. homicide
Do not require suppression of the evidence
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Must occur within a year and a day
No

27. how to withdraw plea

28. durham test

29. exception to lesser included offense double jeapordy
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
If you try someone for criminal battery and victim then dies can be tried again for murder
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. 5th amendment right to counsel
Probable cause -- + particularity _ neutral magistrate
Defense to specific intent and malice and general intent crimes
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

31. jury trial
6 person minimum - unanimity only required when 6 used
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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

32. what are co conspirators liable for
Public welfare offenses and statutory rape
Vicarious liability for any foreseeable crime in furtherance of conspiracy
If there is a concurrence issue
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

33. kidnapping
If you effectively communicate foregonig aggression
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
Moving a victim or concealing in secret
Only to impeach D's testimony

34. death penalty

35. entrapment
Must prove both that criminal design originated with police and D not disposed to commit crime.
Of lesser included offenses and solicitation and attempt will merge
Committed with adequate provocation.
Physical stuff is not testimonial

36. accomplice liability
passengers in cars and individuals using solely for business premises.
Can use if reasonably necessary to protect against immediate use of unlawful force
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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

37. durress
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Deadly force can be used only to prevent a crime dangerouns to human life
No defense to homicide

38. plain view exception
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Being tried for the lesser included offense precludes further trying for greater offense
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
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

39. miranda waiver
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Knowing and intelligent and voluntary
'throwing a punch'-- general intent crime
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

40. retreat?
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
No need to retreat
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.
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.

41. what is interrogation
Deadly force can be used only to prevent a crime dangerouns to human life
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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. 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.

42. forgery
Making false writing or altering an existing instrument to defraud--forging a check
Public welfare offenses and statutory rape
Moving a victim or concealing in secret
6 person minimum - unanimity only required when 6 used

43. general intent
If you effectively communicate foregonig aggression
Battery - rape - kidnapping - false imprisonment
Deadly force can be used only to prevent a crime dangerouns to human life
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

44. limitations on felony murder
Hold harmless standard- but iwll never apply to denial of counsel at trial
Being tried for the lesser included offense precludes further trying for greater offense
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
Battery - rape - kidnapping - false imprisonment

45. conspiracy
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
But/for and so deficient behavior
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
As long as reasonable and in their practice

46. valid warrant
Deadly force can be used only to prevent a crime dangerouns to human life
Probable cause -- + particularity _ neutral magistrate
Battery - rape - kidnapping - false imprisonment
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

47. specific intent crimes
Making false writing or altering an existing instrument to defraud--forging a check
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

48. insanity - mc naughten test
Can use if reasonably necessary to protect against immediate use of unlawful force
If each has an element the other does not that no double jeapordy
Making false writing or altering an existing instrument to defraud--forging a check
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

49. terry stop
Sex without victims consent by force or threat of force or victim is unconscious
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Still guilty but no longer guilty for future crimes that co cons. do
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

50. non deadly force
Can be a defense t oa specific intent crime.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Can use if reasonably necessary to protect against immediate use of unlawful force