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. is an accomplice's liability dependant on principle's liability?
No
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


2. terry frisk
Decision immediately appealable
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.
But/for and so deficient behavior
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


3. plain view exception
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
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.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Physical stuff is not testimonial


4. accomplice liability
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.
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
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.


5. when is it not larceny?
If D only gets possession by telling a lie
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
If you intend to return it!
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


6. forgery
Making false writing or altering an existing instrument to defraud--forging a check
passengers in cars and individuals using solely for business premises.
It is offense specific - applies with formal charges
Sex without victims consent by force or threat of force or victim is unconscious


7. reasonable mistake of fact
Physical stuff is not testimonial
If there is a concurrence issue
Defense to specific intent and malice and general intent crimes
It is offense specific - applies with formal charges


8. MPC test
No defense to homicide
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Probable cause -- + particularity _ neutral magistrate


9. involuntary intoxication
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
Defense to any crime


10. when are you seized

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11. durham test

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12. uttering
Committed with adequate provocation.
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.
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)


13. assault

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14. if you withdraw from conspiracy
Public safety
Still guilty but no longer guilty for future crimes that co cons. do
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.
Probable cause -- + particularity _ neutral magistrate


15. search incident to arrest
Committed with adequate provocation.
But/for and so deficient behavior
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
'throwing a punch'-- general intent crime


16. may illegally seized evidence be used

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17. who has reasonable expectation of privacy?
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Knowing and intelligent and voluntary
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.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


18. retreat?
Must prove both that criminal design originated with police and D not disposed to commit crime.
Moving a victim or concealing in secret
No need to retreat
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


19. people who do NOT have reasonable expectation of privacy
passengers in cars and individuals using solely for business premises.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
'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
Decision immediately appealable


20. knock and announce
Battery - rape - kidnapping - false imprisonment
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Moving a victim or concealing in secret
It is offense specific - applies with formal charges


21. 5th amendment right to counsel
Committed with adequate provocation.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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)


22. exigent circumstances
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
Moving a victim or concealing in secret
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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


23. consent exception
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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
Must be voluntary and intelligent
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor


24. what if search was not valid
Only to prevent kidnapping - rape - robbery or burglary
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Do not require suppression of the evidence
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


25. death penalty

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26. voluntary intoxication
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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
As long as reasonable and in their practice
Can be a defense t oa specific intent crime.


27. limitations on felony murder
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
Can use if reasonably necessary to protect against immediate use of unlawful force


28. durress
Of lesser included offenses and solicitation and attempt will merge
Physical stuff is not testimonial
No defense to homicide
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


29. exceptions that permit retrial
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act


30. entrapment
It is offense specific - applies with formal charges
Must prove both that criminal design originated with police and D not disposed to commit crime.
Probable cause -- + particularity _ neutral magistrate
If D kills under an unreasonable self defense he is guilty of manslaughter


31. embezzlement
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
Public safety
Asking someone to commit a crime for you with intent that he does it
Misappropriation of property by one who was in lawful possession of the property at the time


32. who is not an accomplice
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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. general intent
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
Probable cause - people expected t obe heard - conversation timing
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


34. conspiracy
Must be voluntary and intelligent
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Asking someone to commit a crime for you with intent that he does it


35. lesser included offenses
If you intend to return it!
Committed with adequate provocation.
Being tried for the lesser included offense precludes further trying for greater offense
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


36. exception to lesser included offense double jeapordy
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Battery - rape - kidnapping - false imprisonment
If you try someone for criminal battery and victim then dies can be tried again for murder
Sex without victims consent by force or threat of force or victim is unconscious


37. ineffective assistance of counsel
But/for and so deficient behavior
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.
Must know it was stolen
Public welfare offenses and statutory rape


38. larceny
Misappropriation of property by one who was in lawful possession of the property at the time
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).


39. what is interrogation
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.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
If you effectively communicate foregonig aggression


40. exceptions to fruit of poisonous tree

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41. people who MAY have a reasonable expectation of privacy
Do not require suppression of the evidence
But/for and so deficient behavior
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.
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


42. unreasonable mistake of fact
Defense to specific intent crimes
If D only gets possession by telling a lie
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.
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.


43. violations of knock and announce
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Do not require suppression of the evidence
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!
If you intend to return it!


44. strict liability
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Public welfare offenses and statutory rape


45. double jeapordy attaches when
Defense to any crime
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
If there is a concurrence issue
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


46. homicide
Must occur within a year and a day
Probable cause - people expected t obe heard - conversation timing
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.


47. withdrawal of accomplice liability
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Must be voluntary and intelligent
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!


48. receit of stolen property
No
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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Must know it was stolen


49. rape
It is offense specific - applies with formal charges
Sex without victims consent by force or threat of force or victim is unconscious
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


50. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
If D kills under an unreasonable self defense he is guilty of manslaughter
Vicarious liability for any foreseeable crime in furtherance of conspiracy
If there is a concurrence issue