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. separate sovereigns
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
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
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.


2. reasonable mistake of fact
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Defense to specific intent and malice and general intent crimes
Deadly force can be used only to prevent a crime dangerouns to human life


3. unreasonable mistake of fact
Must know it was stolen
Defense to specific intent crimes
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.
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


4. robbery
If you try someone for criminal battery and victim then dies can be tried again for murder
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Making false writing or altering an existing instrument to defraud--forging a check


5. deadly force
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!
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor


6. exclusionary rule
Moving a victim or concealing in secret
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Only to impeach D's testimony
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.


7. double jeapordy attaches when
If each has an element the other does not that no double jeapordy
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


8. embezzlement
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.
Committed with adequate provocation.
Misappropriation of property by one who was in lawful possession of the property at the time


9. probable cause

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10. homicide
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
'throwing a punch'-- general intent crime
Must occur within a year and a day
Battery - rape - kidnapping - false imprisonment


11. miranda waiver
Broadest- D's act caused by mental illness - product of mental illness. also called product test
If D kills under an unreasonable self defense he is guilty of manslaughter
Knowing and intelligent and voluntary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


12. durress
Must know it was stolen
Defense to any crime
No defense to homicide
Only to prevent kidnapping - rape - robbery or burglary


13. death penalty

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14. inventory exception
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Must prove both that criminal design originated with police and D not disposed to commit crime.
Public welfare offenses and statutory rape
As long as reasonable and in their practice


15. miranda warning
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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
Physical stuff is not testimonial
Vicarious liability for any foreseeable crime in furtherance of conspiracy


16. battery

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17. consent exception
6 person minimum - unanimity only required when 6 used
Must be voluntary and intelligent
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Moving a victim or concealing in secret


18. special needs exception

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19. exigent circumstances
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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
Must know it was stolen
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.


20. entrapment
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
Still guilty but no longer guilty for future crimes that co cons. do
Must prove both that criminal design originated with police and D not disposed to commit crime.
passengers in cars and individuals using solely for business premises.


21. continuing trespass
Can be a defense t oa specific intent crime.
Public welfare offenses and statutory rape
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


22. plain view exception
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
'throwing a punch'-- general intent 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


23. receit of stolen property
If D only gets possession by telling a lie
Must know it was stolen
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
No defense to homicide


24. rape
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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.
Sex without victims consent by force or threat of force or victim is unconscious
If D kills under an unreasonable self defense he is guilty of manslaughter


25. testimonial
If you try someone for criminal battery and victim then dies can be tried again for murder
Physical stuff is not testimonial
Misappropriation of property by one who was in lawful possession of the property at the time
If each has an element the other does not that no double jeapordy


26. voluntary intoxication
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Defense to any crime
Can be a defense t oa specific intent crime.
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


27. solicitation
Must prove both that criminal design originated with police and D not disposed to commit crime.
Physical stuff is not testimonial
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
Asking someone to commit a crime for you with intent that he does it


28. non deadly force
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Public safety
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.
Can use if reasonably necessary to protect against immediate use of unlawful force


29. valid warrant
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Committed with adequate provocation.
Probable cause -- + particularity _ neutral magistrate
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. imperfect self defense
If D kills under an unreasonable self defense he is guilty of manslaughter
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Probable cause - people expected t obe heard - conversation timing
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


31. who has reasonable expectation of privacy?
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Misappropriation of property by one who was in lawful possession of the property at the time
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


32. same offense test
If each has an element the other does not that no double jeapordy
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
Committed with adequate provocation.
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive


33. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.


34. terry frisk
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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.
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
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


35. when can you use deadly force AND be initial aggressor?
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
Hold harmless standard- but iwll never apply to denial of counsel at trial
If you effectively communicate foregonig aggression
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


36. jury trial
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
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.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions


37. may illegally seized evidence be used

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38. attempt
Can use if reasonably necessary to protect against immediate use of unlawful force
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.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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.


39. who is not an accomplice
Must prove both that criminal design originated with police and D not disposed to commit crime.
'throwing a punch'-- general intent crime
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


40. insanity - mc naughten test
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
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
Asking someone to commit a crime for you with intent that he does it
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act


41. terry stop
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Sex without victims consent by force or threat of force or victim is unconscious
Making false writing or altering an existing instrument to defraud--forging a check
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion


42. 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.
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


43. unreliable ear doctrine
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
You get off without a trial
Asusme risk that person you r speaking w/is a snich


44. involuntary manslaughter
Hold harmless standard- but iwll never apply to denial of counsel at trial
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
passengers in cars and individuals using solely for business premises.


45. merger
Defense to specific intent and malice and general intent crimes
Must occur within a year and a day
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Of lesser included offenses and solicitation and attempt will merge


46. people who do NOT have reasonable expectation of privacy
passengers in cars and individuals using solely for business premises.
Asking someone to commit a crime for you with intent that he does it
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.


47. When failure to act will result in a crime
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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. duty created by statute or 2. by contract or 3. status (spouses or parent/child) 4. voluntary assumption of care 5. creation of peril
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


48. crime prevention
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Deadly force can be used only to prevent a crime dangerouns to human life
You get off without a trial
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


49. kidnapping
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Moving a victim or concealing in secret
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Still guilty but no longer guilty for future crimes that co cons. do


50. when is it gov't conduct to fall in the 4th/
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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 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!