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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.
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. bail
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
'throwing a punch'-- general intent crime
Decision immediately appealable
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands

2. who has reasonable expectation of privacy?
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.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Knowing and intelligent and voluntary

3. entrapment
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Must prove both that criminal design originated with police and D not disposed to commit crime.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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

4. common law murder
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
If you try someone for criminal battery and victim then dies can be tried again for murder
Decision immediately appealable
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

5. insanity - mc naughten test
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Decision immediately appealable
Can use if reasonably necessary to protect against immediate use of unlawful force

6. if you withdraw from conspiracy
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
Still guilty but no longer guilty for future crimes that co cons. do
Misappropriation of property by one who was in lawful possession of the property at the time
Must know it was stolen

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

8. consent exception
Only to impeach D's testimony
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
No
Must be voluntary and intelligent

9. kidnapping
Physical stuff is not testimonial
No need to retreat
Moving a victim or concealing in secret
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

10. NY deadly force in crime prevention
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Only to prevent kidnapping - rape - robbery or burglary
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

11. what must judge establish during plea
If D kills under an unreasonable self defense he is guilty of manslaughter
Committed with adequate provocation.
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.
Battery - rape - kidnapping - false imprisonment

12. forgery
Making false writing or altering an existing instrument to defraud--forging a check
'throwing a punch'-- general intent 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
Defense to specific intent and malice and general intent crimes

13. involuntary manslaughter
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Can use if reasonably necessary to protect against immediate use of unlawful force
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

14. exception to lesser included offense double jeapordy
Asking someone to commit a crime for you with intent that he does it
If you try someone for criminal battery and victim then dies can be tried again for murder
Decision immediately appealable
Defense to specific intent crimes

15. special needs exception

16. arson

17. valid warrant
As long as reasonable and in their practice
Hold harmless standard- but iwll never apply to denial of counsel at trial
Must prove both that criminal design originated with police and D not disposed to commit crime.
Probable cause -- + particularity _ neutral magistrate

18. what is interrogation
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
Can be a defense t oa specific intent crime.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
If D kills under an unreasonable self defense he is guilty of manslaughter

19. uttering
Moving a victim or concealing in secret
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Less than probable cause-- need particularized facts that support suspicion.
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

20. deadly force
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
'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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

21. durress
No defense to homicide
Defense to specific intent and malice and general intent crimes
If there is a concurrence issue
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

22. automobile exception
Only to prevent kidnapping - rape - robbery or burglary
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
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.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

23. continuing trespass
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
If there is a concurrence issue
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
'throwing a punch'-- general intent crime

24. people who MAY have a reasonable expectation of privacy
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
If D kills under an unreasonable self defense he is guilty of manslaughter
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.

25. ineffective assistance of counsel
'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
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
But/for and so deficient behavior
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

26. what is reasonable suspicion
Sex without victims consent by force or threat of force or victim is unconscious
Less than probable cause-- need particularized facts that support suspicion.
Do not require suppression of the evidence
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

27. durham test

28. assault

29. embezzlement
Misappropriation of property by one who was in lawful possession of the property at the time
Defense to specific intent and malice and general intent crimes
No need to retreat
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.

30. when is it gov't conduct to fall in the 4th/
Deadly force can be used only to prevent a crime dangerouns to human life
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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

31. terry stop
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Moving a victim or concealing in secret
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Battery - rape - kidnapping - false imprisonment

32. who is not an accomplice
Only to prevent kidnapping - rape - robbery or burglary
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.
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.

33. lesser included offenses
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Hold harmless standard- but iwll never apply to denial of counsel at trial
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
Being tried for the lesser included offense precludes further trying for greater offense

34. miranda waiver
Knowing and intelligent and voluntary
But/for and so deficient behavior
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.

35. 5th amendment right to counsel
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Broadest- D's act caused by mental illness - product of mental illness. also called product test
But/for and so deficient behavior

36. What is not voluntary

37. miranda warning
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 you effectively communicate foregonig aggression
Only to prevent kidnapping - rape - robbery or burglary
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

38. 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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Knowing and intelligent and voluntary
Broadest- D's act caused by mental illness - product of mental illness. also called product test

39. limitations on felony murder
No
Do not require suppression of the evidence
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. 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

40. involuntary intoxication
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.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Defense to any crime

41. crime prevention
Must be voluntary and intelligent
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.
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

42. people who do NOT have reasonable expectation of privacy
No defense to homicide
No need to retreat
Probable cause - people expected t obe heard - conversation timing
passengers in cars and individuals using solely for business premises.

43. terry frisk
Decision immediately appealable
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
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.
Asking someone to commit a crime for you with intent that he does it

44. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Probable cause -- + particularity _ neutral magistrate

45. jury 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.
Knowing and intelligent and voluntary
6 person minimum - unanimity only required when 6 used
If you try someone for criminal battery and victim then dies can be tried again for murder

46. when can you use deadly force AND be initial aggressor?
Making false writing or altering an existing instrument to defraud--forging a check
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.
If you effectively communicate foregonig aggression
passengers in cars and individuals using solely for business premises.

47. when are you seized

48. type of consent
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.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

49. challenges to ID procedures
If you try someone for criminal battery and victim then dies can be tried again for murder
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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.
Making false writing or altering an existing instrument to defraud--forging a check

50. 6th amendment right to counsel
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. 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
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
It is offense specific - applies with formal charges