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. violations of knock and announce
Defense to specific intent and malice and general intent crimes
Must occur within a year and a day
Do not require suppression of the evidence
No need to retreat


2. involuntary intoxication
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Defense to specific intent crimes
Defense to any crime
Must be voluntary and intelligent


3. kidnapping
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
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
Moving a victim or concealing in secret


4. same offense test
If each has an element the other does not that no double jeapordy
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
Decision immediately appealable


5. limitations on felony murder
If you intend to return it!
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
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.
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


6. malice
Public safety
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Can use if reasonably necessary to protect against immediate use of unlawful force
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


7. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
Public safety
If each has an element the other does not that no double jeapordy
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


8. particularity
Asusme risk that person you r speaking w/is a snich
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


9. when are you seized

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10. merger
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Of lesser included offenses and solicitation and attempt will merge
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


11. lesser included offenses
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
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
Being tried for the lesser included offense precludes further trying for greater offense
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive


12. crime prevention
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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
Deadly force can be used only to prevent a crime dangerouns to human life
Must occur within a year and a day


13. what if it is erroneously included anyway
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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!
Hold harmless standard- but iwll never apply to denial of counsel at trial
'throwing a punch'-- general intent crime


14. exigent circumstances
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Less than probable cause-- need particularized facts that support suspicion.
Defense to specific intent crimes
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)


15. infancy
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
It is offense specific - applies with formal charges
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


16. entrapment
Must prove both that criminal design originated with police and D not disposed to commit crime.
Asking someone to commit a crime for you with intent that he does it
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.
If you effectively communicate foregonig aggression


17. probable cause

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18. non deadly force
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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 use if reasonably necessary to protect against immediate use of unlawful force
Making false writing or altering an existing instrument to defraud--forging a check


19. larceny
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If you try someone for criminal battery and victim then dies can be tried again for murder
No


20. when is it not larceny?
Asking someone to commit a crime for you with intent that he does it
If you intend to return it!
Only to prevent kidnapping - rape - robbery or burglary
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.


21. forgery
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
Less than probable cause-- need particularized facts that support suspicion.
But/for and so deficient behavior
Making false writing or altering an existing instrument to defraud--forging a check


22. miranda waiver
But/for and so deficient behavior
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Knowing and intelligent and voluntary
Hold harmless standard- but iwll never apply to denial of counsel at trial


23. if you withdraw from conspiracy
Hold harmless standard- but iwll never apply to denial of counsel at trial
Only to impeach D's testimony
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Still guilty but no longer guilty for future crimes that co cons. do


24. death penalty

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25. who has reasonable expectation of privacy?
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Only to prevent kidnapping - rape - robbery or burglary
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests


26. rape
Of lesser included offenses and solicitation and attempt will merge
Physical stuff is not testimonial
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Sex without victims consent by force or threat of force or victim is unconscious


27. special needs exception

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28. general intent
Only to impeach D's testimony
Being tried for the lesser included offense precludes further trying for greater offense
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Battery - rape - kidnapping - false imprisonment


29. challenges to ID procedures
Decision immediately appealable
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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. 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.


30. strict liability
Public welfare offenses and statutory rape
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive


31. specific intent crimes
Asking someone to commit a crime for you with intent that he does it
If each has an element the other does not that no double jeapordy
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Moving a victim or concealing in secret


32. plain view exception
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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
Still guilty but no longer guilty for future crimes that co cons. do
You get off without a trial


33. conspiracy
'throwing a punch'-- general intent crime
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
6 person minimum - unanimity only required when 6 used
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


34. What is not voluntary

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35. automobile exception
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
Less than probable cause-- need particularized facts that support suspicion.
6 person minimum - unanimity only required when 6 used
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.


36. NY deadly force in crime prevention
Deadly force can be used only to prevent a crime dangerouns to human life
Only to prevent kidnapping - rape - robbery or burglary
Defense to any crime
But/for and so deficient behavior


37. battery

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38. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Vicarious liability for any foreseeable crime in furtherance of conspiracy
No defense to homicide


39. if all co conspirators are acquitted vefore you then
You get off without a trial
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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.


40. attempt
No defense to homicide
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
It is offense specific - applies with formal charges
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


41. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Do not require suppression of the evidence
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Defense to specific intent and malice and general intent crimes


42. uttering
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.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
It is offense specific - applies with formal charges
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


43. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Misappropriation of property by one who was in lawful possession of the property at the time
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act


44. exception to miranda
Public safety
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


45. ineffective assistance of counsel
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
No defense to homicide
But/for and so deficient behavior
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


46. continuing trespass
No
If there is a concurrence issue
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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


47. durress
passengers in cars and individuals using solely for business premises.
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
No defense to homicide
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


48. miranda warning
It is offense specific - applies with formal charges
Deadly force can be used only to prevent a crime dangerouns to human life
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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


49. 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
Must prove both that criminal design originated with police and D not disposed to commit crime.
Of lesser included offenses and solicitation and attempt will merge
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.


50. terry stop
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Defense to any crime
Still guilty but no longer guilty for future crimes that co cons. do
'throwing a punch'-- general intent crime