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. exigent circumstances
Of lesser included offenses and solicitation and attempt will merge
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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


2. larceny by trick
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Public safety
If D only gets possession by telling a lie
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


3. voluntary intoxication
Must prove both that criminal design originated with police and D not disposed to commit crime.
Can be a defense t oa specific intent crime.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
If D only gets possession by telling a lie


4. plain view exception
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
If D kills under an unreasonable self defense he is guilty of manslaughter
Public welfare offenses and statutory rape


5. lesser included offenses
Public safety
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
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


6. battery

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7. exception to lesser included offense double jeapordy
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
If you try someone for criminal battery and victim then dies can be tried again for murder
If you effectively communicate foregonig aggression
Only to impeach D's testimony


8. reasonable mistake of fact
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Probable cause -- + particularity _ neutral magistrate
Defense to specific intent and malice and general intent crimes
But/for and so deficient behavior


9. malice
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Misappropriation of property by one who was in lawful possession of the property at the time
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson


10. probable cause

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11. false pretenses
Being tried for the lesser included offense precludes further trying for greater offense
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.
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
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.


12. burglary
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


13. requirements for wiretap warrant
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. 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
Probable cause - people expected t obe heard - conversation timing
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


14. NY deadly force in crime prevention
Only to prevent kidnapping - rape - robbery or burglary
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.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


15. solicitation
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Asking someone to commit a crime for you with intent that he does it
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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


16. how to withdraw plea

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17. separate sovereigns
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Can use if reasonably necessary to protect against immediate use of unlawful force
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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


18. consent exception
Defense to any crime
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Must be voluntary and intelligent
Public welfare offenses and statutory rape


19. death penalty

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20. what has no reasonable expectation of privacy

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21. exception to miranda
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Public safety
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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.


22. bail
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Decision immediately appealable
If you intend to return it!


23. if you withdraw from conspiracy
Asusme risk that person you r speaking w/is a snich
Must know it was stolen
Still guilty but no longer guilty for future crimes that co cons. do
No defense to homicide


24. specific intent crimes
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Sex without victims consent by force or threat of force or victim is unconscious


25. durham test

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26. knock and announce
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Defense to specific intent and malice and general intent crimes
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


27. homicide
Do not require suppression of the evidence
Must occur within a year and a day
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


28. people who do NOT have reasonable expectation of privacy
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.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
passengers in cars and individuals using solely for business premises.
Probable cause -- + particularity _ neutral magistrate


29. unreasonable mistake of fact
Defense to specific intent crimes
Sex without victims consent by force or threat of force or victim is unconscious
Defense to any crime
Public safety


30. what if search was not valid
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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.
Hold harmless standard- but iwll never apply to denial of counsel at trial
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


31. 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
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)


32. voluntary manslaighter
Misappropriation of property by one who was in lawful possession of the property at the time
Committed with adequate provocation.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


33. 5th amendment right to counsel
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Must prove both that criminal design originated with police and D not disposed to commit crime.
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.


34. crime prevention
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
No defense to homicide
Deadly force can be used only to prevent a crime dangerouns to human life
Sex without victims consent by force or threat of force or victim is unconscious


35. challenges to ID procedures
Of lesser included offenses and solicitation and attempt will merge
Battery - rape - kidnapping - false imprisonment
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 there is a concurrence issue


36. rape
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Sex without victims consent by force or threat of force or victim is unconscious
Must prove both that criminal design originated with police and D not disposed to commit crime.


37. double jeapordy attaches when
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.


38. may illegally seized evidence be used

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39. is an accomplice's liability dependant on principle's liability?
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Probable cause - people expected t obe heard - conversation timing
If each has an element the other does not that no double jeapordy
No


40. unreliable ear doctrine
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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Asusme risk that person you r speaking w/is a snich
No need to retreat


41. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Battery - rape - kidnapping - false imprisonment
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. same offense test
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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 each has an element the other does not that no double jeapordy


43. when can you use deadly force AND be initial aggressor?
Must be voluntary and intelligent
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If you effectively communicate foregonig aggression
Physical stuff is not testimonial


44. people who MAY have a reasonable expectation of privacy
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.
Deadly force can be used only to prevent a crime dangerouns to human life
No defense to homicide
Being tried for the lesser included offense precludes further trying for greater offense


45. infancy
If D kills under an unreasonable self defense he is guilty of manslaughter
'throwing a punch'-- general intent crime
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Must be voluntary and intelligent


46. deadly force
Asking someone to commit a crime for you with intent that he does it
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Public welfare offenses and statutory rape
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


47. insanity- irresistible impulse

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48. embezzlement
Committed with adequate provocation.
Do not require suppression of the evidence
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.
Misappropriation of property by one who was in lawful possession of the property at the time


49. assault

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50. 6th amendment right to counsel
It is offense specific - applies with formal charges
Probable cause - people expected t obe heard - conversation timing
'throwing a punch'-- general intent crime
Knowing and intelligent and voluntary