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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. lesser included offenses
'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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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

2. ineffective assistance of counsel
But/for and so deficient behavior
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
If D only gets possession by telling a lie

3. specific intent crimes
Must be voluntary and intelligent
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

4. death penalty

5. double jeapordy attaches when
Defense to specific intent and malice and general intent crimes
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
If you effectively communicate foregonig aggression

6. NY deadly force in crime prevention
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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
Only to prevent kidnapping - rape - robbery or burglary

7. embezzlement
passengers in cars and individuals using solely for business premises.
Misappropriation of property by one who was in lawful possession of the property at the time
Only to prevent kidnapping - rape - robbery or burglary
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

8. continuing trespass
Being tried for the lesser included offense precludes further trying for greater offense
If you intend to return it!
Deadly force can be used only to prevent a crime dangerouns to human life
If there is a concurrence issue

9. imperfect self defense
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
But/for and so deficient behavior
Asking someone to commit a crime for you with intent that he does it
If D kills under an unreasonable self defense he is guilty of manslaughter

10. exceptions that permit retrial
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.
As long as reasonable and in their practice
Misappropriation of property by one who was in lawful possession of the property at the 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

11. robbery
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.
Defense to specific intent crimes
Still guilty but no longer guilty for future crimes that co cons. do
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

12. when is it not larceny?
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
If you intend to return it!
Deadly force can be used only to prevent a crime dangerouns to human life
Moving a victim or concealing in secret

13. MPC test
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.
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.
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

14. battery

15. exception to miranda
If D only gets possession by telling a lie
Public safety
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Asusme risk that person you r speaking w/is a snich

16. false pretenses
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.
Only to impeach D's testimony
6 person minimum - unanimity only required when 6 used

17. probable cause

18. entrapment
Must prove both that criminal design originated with police and D not disposed to commit crime.
Physical stuff is not testimonial
No
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

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

20. when is good faith not available
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
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
passengers in cars and individuals using solely for business premises.

21. arson

22. violations of knock and announce
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
If you intend to return it!
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Do not require suppression of the evidence

23. inventory exception
No need to retreat
Vicarious liability for any foreseeable crime in furtherance of conspiracy
As long as reasonable and in their practice
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.

24. when can you use deadly force AND be initial aggressor?
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 you effectively communicate foregonig aggression
Must know it was stolen
Misappropriation of property by one who was in lawful possession of the property at the time

25. same offense test
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 each has an element the other does not that no double jeapordy
If there is a concurrence issue
Public safety

26. exclusionary rule
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.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Decision immediately appealable
Vicarious liability for any foreseeable crime in furtherance of conspiracy

27. automobile exception
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Of lesser included offenses and solicitation and attempt will merge
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.
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

28. general intent
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Committed with adequate provocation.
Battery - rape - kidnapping - false imprisonment

29. larceny by trick
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
If D only gets possession by telling a lie
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.
As long as reasonable and in their practice

30. non deadly force
Making false writing or altering an existing instrument to defraud--forging a check
If you intend to return it!
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
Can use if reasonably necessary to protect against immediate use of unlawful force

31. uttering
If you effectively communicate foregonig aggression
If D only gets possession by telling a lie
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

32. what must judge establish during plea
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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

33. exigent circumstances
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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.
As long as reasonable and in their practice

34. strict liability
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
Public welfare offenses and statutory rape
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

35. may illegally seized evidence be used

36. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
Hold harmless standard- but iwll never apply to denial of counsel at trial
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

37. special needs exception

38. particularity
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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
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

39. rape
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
6 person minimum - unanimity only required when 6 used
Sex without victims consent by force or threat of force or victim is unconscious
'throwing a punch'-- general intent crime

40. insanity- irresistible impulse

41. how to withdraw plea

42. insanity - mc naughten test
Decision immediately appealable
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.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

43. deadly force
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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!
Public safety
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

44. larceny
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
No defense to homicide

45. involuntary intoxication
Defense to any crime
If you intend to return it!
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

46. limitations on felony murder
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
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

47. crime prevention
Deadly force can be used only to prevent a crime dangerouns to human life
But/for and so deficient behavior
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Only to impeach D's testimony

48. knock and announce
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
No
Must occur within a year and a day
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

49. unreliable ear doctrine
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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.
Asusme risk that person you r speaking w/is a snich
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

50. kidnapping
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Moving a victim or concealing in secret
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