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Criminal Law

Subject : 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. voluntary manslaighter
No defense to homicide
Battery - rape - kidnapping - false imprisonment
'throwing a punch'-- general intent crime
Committed with adequate provocation.

2. infancy
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
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.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

3. people who MAY have a reasonable expectation of privacy
Making false writing or altering an existing instrument to defraud--forging a check
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.
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.
If D kills under an unreasonable self defense he is guilty of manslaughter

4. miranda warning
If D kills under an unreasonable self defense he is guilty of manslaughter
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
Asusme risk that person you r speaking w/is a snich
Can use if reasonably necessary to protect against immediate use of unlawful force

5. exceptions to fruit of poisonous tree

6. particularity
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
But/for and so deficient behavior
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.
Knowing and intelligent and voluntary

7. receit of stolen property
Public welfare offenses and statutory rape
Only to prevent kidnapping - rape - robbery or burglary
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Must know it was stolen

8. how to withdraw plea

9. embezzlement
Misappropriation of property by one who was in lawful possession of the property at the time
Making false writing or altering an existing instrument to defraud--forging a check
Can be a defense t oa specific intent crime.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

10. terry stop
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
If there is a concurrence issue
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.

11. what is reasonable suspicion
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Less than probable cause-- need particularized facts that support suspicion.
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
Asking someone to commit a crime for you with intent that he does it

12. if you withdraw from conspiracy
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Still guilty but no longer guilty for future crimes that co cons. do
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.

13. rape
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
Sex without victims consent by force or threat of force or victim is unconscious
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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.

14. when is it gov't conduct to fall in the 4th/
6 person minimum - unanimity only required when 6 used
No
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

15. exceptions that permit retrial
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
If you effectively communicate foregonig aggression
Moving a victim or concealing in secret
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

16. uttering
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 specific intent crimes
'throwing a punch'-- general intent crime
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

17. separate sovereigns
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
No defense to homicide
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.
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

18. durress
If you effectively communicate foregonig aggression
No defense to homicide
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Only to prevent kidnapping - rape - robbery or burglary

19. involuntary intoxication
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. 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
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
Defense to any crime

20. battery

21. what are co conspirators liable for
Deadly force can be used only to prevent a crime dangerouns to human life
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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. 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.

22. what has no reasonable expectation of privacy

23. jury trial
6 person minimum - unanimity only required when 6 used
Asusme risk that person you r speaking w/is a snich
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Vicarious liability for any foreseeable crime in furtherance of conspiracy

24. bail
Must know it was stolen
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
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
Decision immediately appealable

25. What is not voluntary

26. who is not an accomplice
No
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

27. MPC test
Physical stuff is not testimonial
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

28. same offense test
If each has an element the other does not that no double jeapordy
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
If you try someone for criminal battery and victim then dies can be tried again for murder
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

29. may illegally seized evidence be used

30. inventory exception
No defense to homicide
As long as reasonable and in their practice
If D kills under an unreasonable self defense he is guilty of manslaughter
Moving a victim or concealing in secret

31. accomplice liability
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!
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
Probable cause - people expected t obe heard - conversation timing

32. violations of knock and announce
Public safety
Do not require suppression of the evidence
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
If you try someone for criminal battery and victim then dies can be tried again for murder

33. search incident to arrest
Sex without victims consent by force or threat of force or victim is unconscious
If you intend to return it!
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
Committed with adequate provocation.

34. voluntary intoxication
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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
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
Can be a defense t oa specific intent crime.

35. when are you seized

36. terry frisk
Public welfare offenses and statutory rape
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.
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.
Only to prevent kidnapping - rape - robbery or burglary

37. merger
Of lesser included offenses and solicitation and attempt will merge
Committed with adequate provocation.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Physical stuff is not testimonial

38. arson

39. unreliable ear doctrine
Can be a defense t oa specific intent 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
Committed with adequate provocation.
Asusme risk that person you r speaking w/is a snich

40. probable cause

41. insanity- irresistible impulse

42. exception to miranda
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Public safety
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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.

43. When failure to act will result in a crime
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.
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 D only gets possession by telling a lie
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

44. 5th amendment right to counsel
Defense to specific intent crimes
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
Must know it was stolen
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

45. specific intent crimes
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Battery - rape - kidnapping - false imprisonment
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

46. solicitation
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.
Asking someone to commit a crime for you with intent that he does it
passengers in cars and individuals using solely for business premises.
As long as reasonable and in their practice

47. forgery
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Making false writing or altering an existing instrument to defraud--forging a check
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

48. is an accomplice's liability dependant on principle's liability?
Public welfare offenses and statutory rape
No
If you try someone for criminal battery and victim then dies can be tried again for murder
Public safety

49. when can you use deadly force AND be initial aggressor?
If you effectively communicate foregonig aggression
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Moving a victim or concealing in secret

50. continuing trespass
'throwing a punch'-- general intent crime
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 any crime
If there is a concurrence issue