Criminal Law

Instructions:

• Answer 50 questions in 15 minutes.
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• Match each statement with the correct term.
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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. double jeapordy attaches when
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
Misappropriation of property by one who was in lawful possession of the property at the time
6 person minimum - unanimity only required when 6 used
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


2. uttering
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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


3. unreasonable mistake of fact
No defense to homicide
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Defense to specific intent crimes
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


4. what is reasonable suspicion
Less than probable cause-- need particularized facts that support suspicion.
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
If each has an element the other does not that no double jeapordy
You get off without a trial


5. same offense test
Can be a defense t oa specific intent crime.
It is offense specific - applies with formal charges
If each has an element the other does not that no double jeapordy
Asusme risk that person you r speaking w/is a snich


6. bail
Decision immediately appealable
If D only gets possession by telling a lie
Battery - rape - kidnapping - false imprisonment
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions


7. specific intent crimes
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Can be a defense t oa specific intent crime.
No
Less than probable cause-- need particularized facts that support suspicion.


8. knock and announce
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
Deadly force can be used only to prevent a crime dangerouns to human life
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


9. crime prevention
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Deadly force can be used only to prevent a crime dangerouns to human life
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


10. reasonable mistake of fact
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.
Defense to specific intent and malice and general intent crimes
But/for and so deficient behavior


11. challenges to ID procedures
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Do not require suppression of the evidence
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.


12. what is interrogation
Defense to specific intent crimes
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Must occur within a year and a day
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.


13. who has reasonable expectation of privacy?
If D only gets possession by telling a lie
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


14. limitations on 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
If you intend to return it!
Making false writing or altering an existing instrument to defraud--forging a check
Probable cause -- + particularity _ neutral magistrate


15. separate sovereigns
Vicarious liability for any foreseeable crime in furtherance of 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
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Of lesser included offenses and solicitation and attempt will merge


16. people who MAY have a reasonable expectation of privacy
Only to impeach D's testimony
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.
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Being tried for the lesser included offense precludes further trying for greater offense


17. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
If D only gets possession by telling a lie


18. what has no reasonable expectation of privacy

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19. When failure to act will result in a 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
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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
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


20. how to withdraw plea

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21. may illegally seized evidence be used

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22. terry frisk
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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
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.


23. what if it is erroneously included anyway
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Hold harmless standard- but iwll never apply to denial of counsel at trial
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.
Sex without victims consent by force or threat of force or victim is unconscious


24. accomplice liability
Physical stuff is not testimonial
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. 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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


25. when can you use deadly force AND be initial aggressor?
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
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
If you effectively communicate foregonig aggression
Public welfare offenses and statutory rape


26. exclusionary rule
If you effectively communicate foregonig aggression
If each has an element the other does not that no double jeapordy
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 prevent kidnapping - rape - robbery or burglary


27. rape
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.
Defense to specific intent crimes
Sex without victims consent by force or threat of force or victim is unconscious
No


28. ineffective assistance of counsel
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
But/for and so deficient behavior
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


29. involuntary manslaughter
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Physical stuff is not testimonial
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


30. what are co conspirators liable for
Deadly force can be used only to prevent a crime dangerouns to human life
passengers in cars and individuals using solely for business premises.
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.
Vicarious liability for any foreseeable crime in furtherance of conspiracy


31. valid warrant
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
Probable cause -- + particularity _ neutral magistrate
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
If D only gets possession by telling a lie


32. if all co conspirators are acquitted vefore you then
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
You get off without a trial


33. entrapment
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Must prove both that criminal design originated with police and D not disposed to commit 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


34. robbery
If D kills under an unreasonable self defense he is guilty of manslaughter
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
If there is a concurrence issue


35. 5th amendment right to counsel
Knowing and intelligent and voluntary
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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.
Defense to specific intent crimes


36. inventory exception
As long as reasonable and in their practice
Must be voluntary and intelligent
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Less than probable cause-- need particularized facts that support suspicion.


37. NY deadly force in crime prevention
Being tried for the lesser included offense precludes further trying for greater offense
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Only to prevent kidnapping - rape - robbery or burglary


38. general 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
Battery - rape - kidnapping - false imprisonment
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).


39. special needs exception

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40. 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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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!
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.


41. involuntary intoxication
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Defense to any crime
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. arson

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43. miranda waiver
Physical stuff is not testimonial
Knowing and intelligent and voluntary
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.


44. conspiracy
Sex without victims consent by force or threat of force or victim is unconscious
Moving a victim or concealing in secret
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


45. retreat?
No need to retreat
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Moving a victim or concealing in secret
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


46. attempt
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


47. requirements for wiretap warrant
If you effectively communicate foregonig aggression
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Probable cause - people expected t obe heard - conversation timing
If each has an element the other does not that no double jeapordy


48. plain view exception
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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
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
Must be voluntary and intelligent


49. exceptions to fruit of poisonous tree

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50. 6th amendment right to counsel
It is offense specific - applies with formal charges
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
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.