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Criminal Law

Subject : law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. exception to lesser included offense double jeapordy
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 D kills under an unreasonable self defense he is guilty of manslaughter
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.
If you try someone for criminal battery and victim then dies can be tried again for murder

2. exigent circumstances
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. 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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If you effectively communicate foregonig aggression

3. unreliable ear doctrine
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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 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
Asusme risk that person you r speaking w/is a snich

4. homicide
Must occur within a year and a day
Less than probable cause-- need particularized facts that support suspicion.
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.

5. plain view exception
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!
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
No

6. receit of stolen property
Must know it was stolen
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
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
Hold harmless standard- but iwll never apply to denial of counsel at trial

7. same offense test
Must know it was stolen
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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

8. involuntary intoxication
Defense to any crime
Being tried for the lesser included offense precludes further trying for greater offense
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Of lesser included offenses and solicitation and attempt will merge

9. special needs exception

10. malice
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
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

11. 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
If D kills under an unreasonable self defense he is guilty of manslaughter
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
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

12. false pretenses
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
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.
If each has an element the other does not that no double jeapordy
Sex without victims consent by force or threat of force or victim is unconscious

13. attempt
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
But/for and so deficient behavior

14. specific intent crimes
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Asking someone to commit a crime for you with intent that he does it
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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.

15. larceny
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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!
Defense to specific intent crimes
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

16. larceny by trick
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
If D only gets possession by telling a lie
Sex without victims consent by force or threat of force or victim is unconscious

17. what is interrogation
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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

18. double jeapordy attaches when
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Can be a defense t oa specific intent crime.
No need to retreat

19. embezzlement
Misappropriation of property by one who was in lawful possession of the property at the time
Moving a victim or concealing in secret
Probable cause -- + particularity _ neutral magistrate
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

20. When failure to act will result in a crime
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
Must know it was stolen
Committed with adequate provocation.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

21. people who do NOT have reasonable expectation of privacy
Moving a victim or concealing in secret
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
passengers in cars and individuals using solely for business premises.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

22. if all co conspirators are acquitted vefore you then
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
You get off without a trial
Can be a defense t oa specific intent crime.
If D kills under an unreasonable self defense he is guilty of manslaughter

23. search incident to arrest
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
It is offense specific - applies with formal charges
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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

24. when is it not larceny?
If each has an element the other does not that no double jeapordy
If you intend to return it!
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 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!

25. general intent
Knowing and intelligent and voluntary
Battery - rape - kidnapping - false imprisonment
Probable cause - people expected t obe heard - conversation timing
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

26. valid warrant
Probable cause -- + particularity _ neutral magistrate
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Asking someone to commit a crime for you with intent that he does it
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.

27. what must judge establish during plea
It is offense specific - applies with formal charges
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
6 person minimum - unanimity only required when 6 used
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.

28. terry stop
'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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

29. 6th amendment right to counsel
Probable cause -- + particularity _ neutral magistrate
It is offense specific - applies with formal charges
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Of lesser included offenses and solicitation and attempt will merge

30. unreasonable mistake of fact
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
Do not require suppression of the evidence
Defense to specific intent crimes
Public safety

31. deadly force
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

32. when is good faith not available
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
Only to impeach D's testimony
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
No

33. miranda warning
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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.
Physical stuff is not testimonial
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. terry frisk
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 premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

35. is an accomplice's liability dependant on principle's liability?
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
No
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. 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.

36. who is not an accomplice
Decision immediately appealable
Physical stuff is not testimonial
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

37. robbery
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.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

38. exception to miranda
Public safety
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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
Decision immediately appealable

39. what are co conspirators liable for
Do not require suppression of the evidence
Must be voluntary and intelligent
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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

40. forgery
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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
Making false writing or altering an existing instrument to defraud--forging a check
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

41. entrapment
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Must prove both that criminal design originated with police and D not disposed to commit crime.

42. durham test

43. what has no reasonable expectation of privacy

44. what if search was not valid
Probable cause - people expected t obe heard - conversation timing
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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

45. 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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

46. reasonable mistake of fact
Defense to any crime
Must occur within a year and a day
Defense to specific intent and malice and general intent crimes
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

47. durress
No defense to homicide
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Only to impeach D's testimony
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

48. involuntary manslaughter
Knowing and intelligent and voluntary
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Misappropriation of property by one who was in lawful possession of the property at the time

49. inventory exception
Must prove both that criminal design originated with police and D not disposed to commit crime.
'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
As long as reasonable and in their practice
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

50. rape
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Sex without victims consent by force or threat of force or victim is unconscious