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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


2. What is not voluntary

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3. miranda warning
Asusme risk that person you r speaking w/is a snich
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. 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 person minimum - unanimity only required when 6 used


4. unreasonable mistake of fact
Asking someone to commit a crime for you with intent that he does it
Defense to specific intent crimes
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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


5. conspiracy
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that 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.
Probable cause -- + particularity _ neutral magistrate


6. when is good faith not available
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Can be a defense t oa specific intent crime.
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


7. strict liability
Public welfare offenses and statutory rape
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Hold harmless standard- but iwll never apply to denial of counsel at trial
It is offense specific - applies with formal charges


8. probable cause

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9. malice
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
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 try someone for criminal battery and victim then dies can be tried again for murder
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


10. bail
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Deadly force can be used only to prevent a crime dangerouns to human life
It is offense specific - applies with formal charges
Decision immediately appealable


11. may illegally seized evidence be used

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12. exceptions that permit retrial
Defense to specific intent and malice and general intent crimes
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
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


13. kidnapping
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Moving a victim or concealing in secret
Defense to specific intent crimes
Hold harmless standard- but iwll never apply to denial of counsel at trial


14. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
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
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Probable cause - people expected t obe heard - conversation timing


15. entrapment
Physical stuff is not testimonial
Hold harmless standard- but iwll never apply to denial of counsel at trial
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Must prove both that criminal design originated with police and D not disposed to commit crime.


16. miranda waiver
Knowing and intelligent and voluntary
Less than probable cause-- need particularized facts that support suspicion.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Probable cause -- + particularity _ neutral magistrate


17. plain view exception
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
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Committed with adequate provocation.


18. violations of knock and announce
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.
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


19. withdrawal of accomplice liability
Of lesser included offenses and solicitation and attempt will merge
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!
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


20. common law murder
You get off without a trial
It is offense specific - applies with formal charges
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine


21. when is it not larceny?
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If you intend to return it!
If D only gets possession by telling a lie
Committed with adequate provocation.


22. false pretenses
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
You get off without a trial
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.
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


23. lesser included offenses
Hold harmless standard- but iwll never apply to denial of counsel at trial
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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.
Being tried for the lesser included offense precludes further trying for greater offense


24. infancy
Committed with adequate provocation.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Moving a victim or concealing in secret


25. general intent
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
passengers in cars and individuals using solely for business premises.
Battery - rape - kidnapping - false imprisonment
Can be a defense t oa specific intent crime.


26. accomplice liability
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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Probable cause -- + particularity _ neutral magistrate
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


27. if all co conspirators are acquitted vefore you then
You get off without a trial
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
If you intend to return it!
But/for and so deficient behavior


28. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
If D kills under an unreasonable self defense he is guilty of manslaughter
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.
Probable cause -- + particularity _ neutral magistrate


29. double jeapordy attaches when
Public welfare offenses and statutory rape
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
'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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


30. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Public welfare offenses and statutory rape
Being tried for the lesser included offense precludes further trying for greater offense
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


31. what is reasonable suspicion
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Less than probable cause-- need particularized facts that support suspicion.
Being tried for the lesser included offense precludes further trying for greater offense
If D only gets possession by telling a lie


32. what are co conspirators liable for
Asusme risk that person you r speaking w/is a snich
Only to prevent kidnapping - rape - robbery or burglary
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy


33. unreliable ear doctrine
Being tried for the lesser included offense precludes further trying for greater offense
Of lesser included offenses and solicitation and attempt will merge
Asusme risk that person you r speaking w/is a snich
Must be voluntary and intelligent


34. if you withdraw from conspiracy
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
Still guilty but no longer guilty for future crimes that co cons. do
Only to impeach D's testimony
Hold harmless standard- but iwll never apply to denial of counsel at trial


35. retreat?
Can use if reasonably necessary to protect against immediate use of unlawful force
No need to retreat
Defense to any crime
If D kills under an unreasonable self defense he is guilty of manslaughter


36. people who MAY have a reasonable expectation of privacy
Hold harmless standard- but iwll never apply to denial of counsel at trial
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 you effectively communicate foregonig aggression
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.


37. what is interrogation
passengers in cars and individuals using solely for business premises.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Do not require suppression of the evidence


38. battery

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39. imperfect self defense
Must prove both that criminal design originated with police and D not disposed to commit crime.
If D kills under an unreasonable self defense he is guilty of manslaughter
Deadly force can be used only to prevent a crime dangerouns to human life
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


40. forgery
If you try someone for criminal battery and victim then dies can be tried again for murder
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Making false writing or altering an existing instrument to defraud--forging a check
Still guilty but no longer guilty for future crimes that co cons. do


41. solicitation
Asking someone to commit a crime for you with intent that he does it
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Only to impeach D's testimony
Being tried for the lesser included offense precludes further trying for greater offense


42. special needs exception

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43. uttering
If you try someone for criminal battery and victim then dies can be tried again for murder
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
Only to prevent kidnapping - rape - robbery or burglary


44. exclusionary rule
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
If you intend to return it!
Still guilty but no longer guilty for future crimes that co cons. do


45. inventory exception
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.
As long as reasonable and in their practice
Can be a defense t oa specific intent crime.
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. arson

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47. what has no reasonable expectation of privacy

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48. specific intent crimes
'throwing a punch'-- general intent crime
Can be a defense t oa specific intent crime.
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


49. what if it is erroneously included anyway
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
If D only gets possession by telling a lie
Hold harmless standard- but iwll never apply to denial of counsel at trial
Battery - rape - kidnapping - false imprisonment


50. involuntary intoxication
Misappropriation of property by one who was in lawful possession of the property at the time
Must be voluntary and intelligent
Defense to any crime
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act