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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. entrapment
Must prove both that criminal design originated with police and D not disposed to commit crime.
Defense to specific intent and malice and general intent crimes
If you intend to return it!
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.

2. rape
Sex without victims consent by force or threat of force or victim is unconscious
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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

3. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
6 person minimum - unanimity only required when 6 used
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

4. voluntary intoxication
Can be a defense t oa specific intent crime.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Only to impeach D's testimony
If D kills under an unreasonable self defense he is guilty of manslaughter

5. durress
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
No defense to homicide
Being tried for the lesser included offense precludes further trying for greater offense
Probable cause -- + particularity _ neutral magistrate

6. continuing trespass
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
Defense to specific intent crimes
Can use if reasonably necessary to protect against immediate use of unlawful force

7. retreat?
No need to retreat
You get off without a trial
Do not require suppression of the evidence
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

8. merger
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
Physical stuff is not testimonial
Sex without victims consent by force or threat of force or victim is unconscious

9. how to withdraw plea

10. larceny
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If D kills under an unreasonable self defense he is guilty of manslaughter
No need to retreat
'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

11. when is good faith not available
If you intend to return it!
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)
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

12. exceptions to fruit of poisonous tree

13. double jeapordy attaches when
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
But/for and so deficient behavior
If D only gets possession by telling a lie
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

14. battery

15. ineffective assistance of counsel
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
6 person minimum - unanimity only required when 6 used
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
But/for and so deficient behavior

16. who has 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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Asking someone to commit a crime for you with intent that he does it

17. arson

18. larceny by trick
Committed with adequate provocation.
Broadest- D's act caused by mental illness - product of mental illness. also called product test
If D only gets possession by telling a lie
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

19. strict liability
Public welfare offenses and statutory rape
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 there is a concurrence issue
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

20. valid warrant
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
Probable cause -- + particularity _ neutral magistrate
Hold harmless standard- but iwll never apply to denial of counsel at trial

21. non deadly force
Can use if reasonably necessary to protect against immediate use of unlawful force
If there is a concurrence issue
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
Do not require suppression of the evidence

22. 6th amendment right to counsel
Public safety
It is offense specific - applies with formal charges
Public welfare offenses and statutory rape
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

23. exceptions that permit retrial
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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
Physical stuff is not testimonial
'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

24. infancy
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.
'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
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. common law murder
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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
Sex without victims consent by force or threat of force or victim is unconscious
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.

26. specific intent crimes
Knowing and intelligent and voluntary
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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

27. terry frisk
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

28. what must judge establish during plea
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. 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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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.

29. who is not an accomplice
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
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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
Do not require suppression of the evidence

30. forgery
Making false writing or altering an existing instrument to defraud--forging a check
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
'throwing a punch'-- general intent crime
Only to impeach D's testimony

31. what has no reasonable expectation of privacy

32. 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
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.
Must be voluntary and intelligent
If there is a concurrence issue

33. accomplice liability
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.
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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. uttering
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Misappropriation of property by one who was in lawful possession of the property at the time
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!

35. false pretenses
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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.
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.
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

36. special needs exception

37. What is not voluntary

38. assault

39. what is reasonable suspicion
Less than probable cause-- need particularized facts that support suspicion.
If D kills under an unreasonable self defense he is guilty of manslaughter
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.
If you intend to return it!

40. NY deadly force in crime prevention
Do not require suppression of the evidence
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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Only to prevent kidnapping - rape - robbery or burglary

41. exigent circumstances
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Probable cause -- + particularity _ neutral magistrate
Vicarious liability for any foreseeable crime in furtherance of conspiracy

42. search incident to arrest
If each has an element the other does not that no double jeapordy
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
Must occur within a year and a day
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

43. inventory exception
Only to impeach D's testimony
As long as reasonable and in their practice
'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
But/for and so deficient behavior

44. reasonable mistake of fact
6 person minimum - unanimity only required when 6 used
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 and malice and general intent crimes
Must occur within a year and a day

45. deadly force
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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
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

46. testimonial
Still guilty but no longer guilty for future crimes that co cons. do
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.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Physical stuff is not testimonial

47. when is it not larceny?
If you intend to return it!
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Defense to any crime
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

48. if all co conspirators are acquitted vefore you then
Physical stuff is not testimonial
Of lesser included offenses and solicitation and attempt will merge
You get off without a trial
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

49. death penalty

50. when can you use deadly force AND be initial aggressor?
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Being tried for the lesser included offense precludes further trying for greater offense
If you effectively communicate foregonig aggression
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