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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. strict liability
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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

2. 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.
No
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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!

3. automobile exception
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
It is offense specific - applies with formal charges
But/for and so deficient behavior
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.

4. when can you use deadly force AND be initial aggressor?
If you effectively communicate foregonig aggression
As long as reasonable and in their practice
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.
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

5. if all co conspirators are acquitted vefore you then
You get off without a trial
Defense to specific intent crimes
Committed with adequate provocation.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

6. forgery
Must occur within a year and a day
Making false writing or altering an existing instrument to defraud--forging a check
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. 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

7. battery
Only to prevent kidnapping - rape - robbery or burglary
'throwing a punch'-- general intent 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
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

8. what if search was not valid
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
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 there is a concurrence issue
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

9. who has reasonable expectation of privacy?
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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

10. inventory exception
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Must prove both that criminal design originated with police and D not disposed to commit crime.
Probable cause -- + particularity _ neutral magistrate
As long as reasonable and in their practice

11. unreliable ear doctrine
No need to retreat
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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
Asusme risk that person you r speaking w/is a snich

12. what is interrogation
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Committed with adequate provocation.

13. MPC test
If you try someone for criminal battery and victim then dies can be tried again for murder
Asusme risk that person you r speaking w/is a snich
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If D only gets possession by telling a lie

14. bail
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.
Decision immediately appealable
If you intend to return it!
Must know it was stolen

15. embezzlement
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Misappropriation of property by one who was in lawful possession of the property at the time
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Being tried for the lesser included offense precludes further trying for greater offense

16. rape
Sex without victims consent by force or threat of force or victim is unconscious
'throwing a punch'-- general intent crime
No
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!

17. exception to miranda
Defense to any crime
Deadly force can be used only to prevent a crime dangerouns to human life
Public safety
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

18. same offense test
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 each has an element the other does not that no double jeapordy
Knowing and intelligent and voluntary
Making false writing or altering an existing instrument to defraud--forging a check

19. exception to lesser included offense double jeapordy
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
No need to retreat
If you try someone for criminal battery and victim then dies can be tried again for murder
Public welfare offenses and statutory rape

20. probable cause
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
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Probable cause -- + particularity _ neutral magistrate

21. is an accomplice's liability dependant on principle's liability?
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Broadest- D's act caused by mental illness - product of mental illness. also called product test
No
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

22. unreasonable mistake of fact
Deadly force can be used only to prevent a crime dangerouns to human life
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.
Defense to specific intent crimes
Only to impeach D's testimony

23. who is not an accomplice
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
Deadly force can be used only to prevent a crime dangerouns to human life
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

24. voluntary manslaighter
Public welfare offenses and statutory rape
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Committed with adequate provocation.

25. infancy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Defense to specific 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
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

26. retreat?
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
No need to retreat
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.
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

27. robbery
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Defense to specific intent and malice and general intent crimes
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

28. malice
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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
'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
Moving a victim or concealing in secret

29. what must judge establish during plea
But/for and so deficient behavior
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
You get off without a trial
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.

30. NY deadly force in crime prevention
Defense to specific intent and malice and general intent crimes
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Only to prevent kidnapping - rape - robbery or burglary
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

31. reasonable mistake of fact
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
Must know it was stolen
Defense to specific intent and malice and general intent crimes
Moving a victim or concealing in secret

32. plain view exception
Still guilty but no longer guilty for future crimes that co cons. do
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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
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

33. withdrawal of accomplice liability
Deadly force can be used only to prevent a crime dangerouns to human life
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!
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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

34. double jeapordy attaches when
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
If there is a concurrence issue
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

35. homicide
Must be voluntary and intelligent
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
Only to prevent kidnapping - rape - robbery or burglary
Must occur within a year and a day

36. burglary
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

37. miranda warning
Can be a defense t oa specific intent crime.
Battery - rape - kidnapping - false imprisonment
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
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

38. ineffective assistance of counsel
Must prove both that criminal design originated with police and D not disposed to commit crime.
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
'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
But/for and so deficient behavior

39. conspiracy
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Can use if reasonably necessary to protect against immediate use of unlawful force
Being tried for the lesser included offense precludes further trying for greater offense

40. how to withdraw plea
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.
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
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

41. lesser included offenses
Being tried for the lesser included offense precludes further trying for greater offense
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
Physical stuff is not testimonial
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

42. when is it gov't conduct to fall in the 4th/
No defense to homicide
Committed with adequate provocation.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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

43. terry stop
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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!
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.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

44. continuing trespass
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy
If there is a concurrence issue
If D kills under an unreasonable self defense he is guilty of manslaughter

45. valid warrant
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Probable cause -- + particularity _ neutral magistrate
Moving a victim or concealing in secret
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

46. if you withdraw from conspiracy
Can use if reasonably necessary to protect against immediate use of unlawful force
Must occur within a year and a day
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.
Still guilty but no longer guilty for future crimes that co cons. do

47. larceny by trick
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
If D only gets possession by telling a lie
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
Battery - rape - kidnapping - false imprisonment

48. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
passengers in cars and individuals using solely for business premises.

49. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
Probable cause -- + particularity _ neutral magistrate
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Sex without victims consent by force or threat of force or victim is unconscious

50. consent exception
Asusme risk that person you r speaking w/is a snich
Must be voluntary and intelligent
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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

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