Test your basic knowledge |

Criminal Law

Subject : 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. exigent circumstances
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.
Probable cause -- + particularity _ neutral magistrate
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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

2. death penalty

3. homicide
Probable cause - people expected t obe heard - conversation timing
Must prove both that criminal design originated with police and D not disposed to commit crime.
Must occur within a year and a day
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

4. challenges to ID procedures
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Physical stuff is not testimonial
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.
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

5. particularity
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.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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
But/for and so deficient behavior

6. crime prevention
Making false writing or altering an existing instrument to defraud--forging a check
Deadly force can be used only to prevent a crime dangerouns to human life
You get off without a trial
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

7. durham test

8. uttering
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
Public welfare offenses and statutory rape
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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

9. general intent
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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

10. people who do NOT have reasonable expectation of privacy
passengers in cars and individuals using solely for business premises.
Still guilty but no longer guilty for future crimes that co cons. do
No
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

11. consent exception
Making false writing or altering an existing instrument to defraud--forging a check
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
Must be voluntary and intelligent

12. when can you use deadly force AND be initial aggressor?
If you effectively communicate foregonig aggression
Asking someone to commit a crime for you with intent that he does it
It is offense specific - applies with formal charges
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

13. 6th amendment right to counsel
It is offense specific - applies with formal charges
6 person minimum - unanimity only required when 6 used
Defense to specific intent and malice and general intent crimes
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

14. requirements for wiretap warrant
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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
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
Probable cause - people expected t obe heard - conversation timing

15. exceptions that permit retrial
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
Making false writing or altering an existing instrument to defraud--forging a check
Knowing and intelligent and voluntary
If D only gets possession by telling a lie

16. miranda warning
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
No
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
Knowing and intelligent and voluntary

17. insanity- irresistible impulse

18. terry frisk
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.
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 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.
'throwing a punch'-- general intent crime

19. ineffective assistance of counsel
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
But/for and so deficient behavior
Probable cause -- + particularity _ neutral magistrate
Asking someone to commit a crime for you with intent that he does it

20. knock and announce
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

21. non deadly force
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
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Can use if reasonably necessary to protect against immediate use of unlawful force

22. what must judge establish during plea
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
Must know it was stolen
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.

23. may illegally seized evidence be used

24. jury trial
6 person minimum - unanimity only required when 6 used
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.
Making false writing or altering an existing instrument to defraud--forging a check
Battery - rape - kidnapping - false imprisonment

25. unreasonable mistake of fact
Only to prevent kidnapping - rape - robbery or burglary
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Committed with adequate provocation.
Defense to specific intent crimes

26. 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
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 D kills under an unreasonable self defense he is guilty of manslaughter
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

27. merger
Of lesser included offenses and solicitation and attempt will merge
It is offense specific - applies with formal charges
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Still guilty but no longer guilty for future crimes that co cons. do

28. embezzlement
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
Misappropriation of property by one who was in lawful possession of the property at the time
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.

29. what has no reasonable expectation of privacy

30. receit of stolen property
Must know it was stolen
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
6 person minimum - unanimity only required when 6 used

31. larceny by trick
Vicarious liability for any foreseeable crime in furtherance of conspiracy
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
If D only gets possession by telling a lie
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

32. probable cause

33. automobile exception
Making false writing or altering an existing instrument to defraud--forging a check
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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.
Still guilty but no longer guilty for future crimes that co cons. do

34. type of consent
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
'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
Sex without victims consent by force or threat of force or victim is unconscious
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

35. what if it is erroneously included anyway
Knowing and intelligent and voluntary
Making false writing or altering an existing instrument to defraud--forging a check
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

36. strict liability
Public welfare offenses and statutory rape
Sex without victims consent by force or threat of force or victim is unconscious
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
If D kills under an unreasonable self defense he is guilty of manslaughter

37. solicitation
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
Asking someone to commit a crime for you with intent that he does it
Asusme risk that person you r speaking w/is a snich

38. infancy
No defense to homicide
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

39. malice
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
6 person minimum - unanimity only required when 6 used

40. conspiracy
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Being tried for the lesser included offense precludes further trying for greater offense

41. NY deadly force in crime prevention
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
Only to prevent kidnapping - rape - robbery or burglary
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Can use if reasonably necessary to protect against immediate use of unlawful force

42. search incident to arrest
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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.
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

43. double jeapordy attaches when
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

44. withdrawal of accomplice liability
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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. 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.

45. same offense test
Only to impeach D's testimony
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
If each has an element the other does not that no double jeapordy

46. reasonable mistake of fact
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Defense to specific intent and malice and general intent crimes
If you effectively communicate foregonig aggression
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

47. 5th amendment right to counsel
Probable cause -- + particularity _ neutral magistrate
Deadly force can be used only to prevent a crime dangerouns to human life
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

48. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Committed with adequate provocation.
Sex without victims consent by force or threat of force or victim is unconscious
If each has an element the other does not that no double jeapordy

49. arson

50. what is reasonable suspicion
Less than probable cause-- need particularized facts that support suspicion.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
No
Of lesser included offenses and solicitation and attempt will merge