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. robbery
Physical stuff is not testimonial
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
If you effectively communicate foregonig aggression
As long as reasonable and in their practice


2. kidnapping
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Moving a victim or concealing in secret
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


3. death penalty

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4. reasonable mistake of fact
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 and malice and general intent crimes
Deadly force can be used only to prevent a crime dangerouns to human life
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.


5. forgery
Making false writing or altering an existing instrument to defraud--forging a check
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Being tried for the lesser included offense precludes further trying for greater offense
If you intend to return it!


6. voluntary manslaighter
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
Physical stuff is not testimonial
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Committed with adequate provocation.


7. entrapment
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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.


8. 5th amendment right to counsel
If each has an element the other does not that no double jeapordy
Probable cause -- + particularity _ neutral magistrate
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


9. retreat?
If there is a concurrence issue
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
No need to retreat
Probable cause -- + particularity _ neutral magistrate


10. continuing trespass
'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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
If there is a concurrence issue
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


11. arson

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12. exceptions to fruit of poisonous tree

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13. durham test

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14. miranda waiver
Knowing and intelligent and voluntary
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Must know it was stolen
If you try someone for criminal battery and victim then dies can be tried again for murder


15. what must judge establish during plea
As long as reasonable and in their practice
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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. 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.


16. exception to miranda
You get off without a trial
Public safety
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Knowing and intelligent and voluntary


17. special needs exception

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18. What is not voluntary

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19. when can you use deadly force AND be initial aggressor?
If you effectively communicate foregonig aggression
If you intend to return it!
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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


20. consent exception
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
If there is a concurrence issue
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


21. embezzlement
Misappropriation of property by one who was in lawful possession of the property at the time
You get off without a trial
Can use if reasonably necessary to protect against immediate use of unlawful force
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


22. what is reasonable suspicion
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If there is a concurrence issue
Less than probable cause-- need particularized facts that support suspicion.
Must occur within a year and a day


23. testimonial
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Physical stuff is not testimonial
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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. double jeapordy attaches when
No
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions


25. if all co conspirators are acquitted vefore you then
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
You get off without a trial
Deadly force can be used only to prevent a crime dangerouns to human life


26. 6th amendment right to counsel
It is offense specific - applies with formal charges
You get off without a trial
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Do not require suppression of the evidence


27. plain view exception
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 each has an element the other does not that no double jeapordy
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


28. violations of knock and announce
Do not require suppression of the evidence
Defense to specific intent and malice and general intent crimes
It is offense specific - applies with formal charges
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).


29. exception to lesser included offense double jeapordy
Making false writing or altering an existing instrument to defraud--forging a check
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.
Probable cause - people expected t obe heard - conversation timing
If you try someone for criminal battery and victim then dies can be tried again for murder


30. limitations on felony murder
If each has an element the other does not that no double jeapordy
Defense to specific intent and malice and general intent crimes
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.
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


31. battery

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32. MPC test
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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 you try someone for criminal battery and victim then dies can be tried again for murder
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


33. particularity
Only to prevent kidnapping - rape - robbery or burglary
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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.


34. separate sovereigns
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


35. search incident to arrest
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
If D only gets possession by telling a lie
Probable cause -- + particularity _ neutral magistrate
As long as reasonable and in their practice


36. when is good faith not available
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
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.
If you try someone for criminal battery and victim then dies can be tried again for murder
Can be a defense t oa specific intent crime.


37. when is it not larceny?
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
If you intend to return it!
Deadly force can be used only to prevent a crime dangerouns to human life
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)


38. merger
6 person minimum - unanimity only required when 6 used
Only to prevent kidnapping - rape - robbery or burglary
Of lesser included offenses and solicitation and attempt will merge
Probable cause -- + particularity _ neutral magistrate


39. what if search was not valid
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
As long as reasonable and in their practice
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
Defense to specific intent and malice and general intent crimes


40. type of consent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Do not require suppression of the evidence
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Committed with adequate provocation.


41. miranda warning
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
passengers in cars and individuals using solely for business premises.
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


42. receit of stolen property
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
As long as reasonable and in their practice
Must know it was stolen
Misappropriation of property by one who was in lawful possession of the property at the time


43. common law murder
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Must prove both that criminal design originated with police and D not disposed to commit crime.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police


44. exclusionary rule
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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.
Must occur within a year and a day
Only to impeach D's testimony


45. involuntary manslaughter
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
It is offense specific - applies with formal charges
As long as reasonable and in their practice


46. false pretenses
passengers in cars and individuals using solely for business premises.
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.
No need to retreat
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests


47. what are co conspirators liable for
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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!
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


48. infancy
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Do not require suppression of the evidence
Only to prevent kidnapping - rape - robbery or burglary


49. terry frisk
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.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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.
Deadly force can be used only to prevent a crime dangerouns to human life


50. bail
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
Defense to specific intent crimes
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Decision immediately appealable