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. attempt
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.
passengers in cars and individuals using solely for business premises.
Can use if reasonably necessary to protect against immediate use of unlawful force
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


2. separate sovereigns
If there is a concurrence issue
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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


3. What is not voluntary

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4. what are co conspirators liable for
Hold harmless standard- but iwll never apply to denial of counsel at trial
Asking someone to commit a crime for you with intent that he does it
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Can use if reasonably necessary to protect against immediate use of unlawful force


5. is an accomplice's liability dependant on principle's liability?
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Making false writing or altering an existing instrument to defraud--forging a check
No
No need to retreat


6. crime prevention
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Deadly force can be used only to prevent a crime dangerouns to human life
Only to impeach D's testimony
Defense to specific intent and malice and general intent crimes


7. kidnapping
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
No need to retreat
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.
Moving a victim or concealing in secret


8. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests


9. plain view exception
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. 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
But/for and so deficient behavior
Still guilty but no longer guilty for future crimes that co cons. do


10. double jeapordy attaches when
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
As long as reasonable and in their practice
'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
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


11. voluntary intoxication
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Can be a defense t oa specific intent crime.
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


12. terry stop
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
But/for and so deficient behavior
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion


13. strict liability
Public welfare offenses and statutory rape
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Battery - rape - kidnapping - false imprisonment
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


14. limitations on felony murder
Deadly force can be used only to prevent a crime dangerouns to human life
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
Of lesser included offenses and solicitation and attempt will merge
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police


15. involuntary intoxication
Defense to any crime
Hold harmless standard- but iwll never apply to denial of counsel at trial
Must be voluntary and intelligent
Asking someone to commit a crime for you with intent that he does it


16. insanity- irresistible impulse

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17. rape
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Sex without victims consent by force or threat of force or victim is unconscious


18. NY deadly force in crime prevention
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
If each has an element the other does not that no double jeapordy
Only to prevent kidnapping - rape - robbery or burglary


19. who has reasonable expectation of privacy?
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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Must know it was stolen


20. durham test

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21. inventory exception
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
As long as reasonable and in their practice


22. when is it gov't conduct to fall in the 4th/
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


23. people who MAY have a reasonable expectation of privacy
'throwing a punch'-- general intent crime
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.
Defense to specific intent and malice and general intent crimes
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


24. voluntary manslaighter
If each has an element the other does not that no double jeapordy
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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Committed with adequate provocation.


25. jury trial
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
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
6 person minimum - unanimity only required when 6 used
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


26. infancy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Hold harmless standard- but iwll never apply to denial of counsel at trial
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
Must be voluntary and intelligent


27. solicitation
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
No defense to homicide
Asking someone to commit a crime for you with intent that he does it
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


28. what is interrogation
Defense to any crime
passengers in cars and individuals using solely for business premises.
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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


29. withdrawal of accomplice liability
Making false writing or altering an existing instrument to defraud--forging a check
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!
Of lesser included offenses and solicitation and attempt will merge
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


30. arson

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31. who is not an accomplice
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Moving a victim or concealing in secret


32. exception to lesser included offense double jeapordy
passengers in cars and individuals using solely for business premises.
If you try someone for criminal battery and victim then dies can be tried again for murder
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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


33. exceptions to fruit of poisonous tree

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34. exception to miranda
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.
Public safety
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


35. valid warrant
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Probable cause -- + particularity _ neutral magistrate
Must be voluntary and intelligent
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


36. search incident to arrest
Must know it was stolen
Defense to specific intent crimes
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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


37. type of consent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


38. 5th amendment right to counsel
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Can use if reasonably necessary to protect against immediate use of unlawful force
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


39. deadly force
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


40. continuing trespass
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
Being tried for the lesser included offense precludes further trying for greater offense
If there is a concurrence issue
'throwing a punch'-- general intent crime


41. what must judge establish during plea
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.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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
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


42. unreliable ear doctrine
Asusme risk that person you r speaking w/is a snich
'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
No
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 is good faith not available
Must be voluntary and intelligent
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. 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
If you effectively communicate foregonig aggression


44. when is it not larceny?
If you intend to return it!
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)


45. ineffective assistance of counsel
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
passengers in cars and individuals using solely for business premises.
But/for and so deficient behavior
Physical stuff is not testimonial


46. battery

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47. retreat?
No need to retreat
No defense to homicide
Must know it was stolen
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


48. automobile exception
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
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.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


49. what is reasonable suspicion
Less than probable cause-- need particularized facts that support suspicion.
Asusme risk that person you r speaking w/is a snich
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.


50. exigent circumstances
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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
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.
Asusme risk that person you r speaking w/is a snich