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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. entrapment
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Must prove both that criminal design originated with police and D not disposed to commit crime.
Physical stuff is not testimonial
But/for and so deficient behavior

2. attempt
Can be a defense t oa specific intent crime.
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
Must know it was stolen
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

3. exclusionary rule
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
It is offense specific - applies with formal charges
Of lesser included offenses and solicitation and attempt will merge
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.

4. knock and announce
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Physical stuff is not testimonial
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Do not require suppression of the evidence

5. 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
Defense to specific intent and malice and general intent crimes
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

6. embezzlement
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Misappropriation of property by one who was in lawful possession of the property at the time
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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

7. merger
Still guilty but no longer guilty for future crimes that co cons. do
Of lesser included offenses and solicitation and attempt will merge
Moving a victim or concealing in secret
If you try someone for criminal battery and victim then dies can be tried again for murder

8. unreasonable mistake of fact
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.
Defense to any crime
Defense to specific intent crimes
Moving a victim or concealing in secret

9. false pretenses
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.
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. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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.

10. involuntary intoxication
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
If D kills under an unreasonable self defense he is guilty of manslaughter
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Defense to any crime

11. general intent
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
Battery - rape - kidnapping - false imprisonment
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

12. homicide
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
Must occur within a year and a day
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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

13. requirements for wiretap warrant
Vicarious liability for any foreseeable crime in furtherance of conspiracy
No need to retreat
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
Probable cause - people expected t obe heard - conversation timing

14. challenges to ID procedures
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Defense to specific intent crimes
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.

15. inventory exception
Committed with adequate provocation.
As long as reasonable and in their practice
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

16. people who MAY have a reasonable expectation of privacy
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. 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.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Hold harmless standard- but iwll never apply to denial of counsel at trial

17. specific intent crimes
Can use if reasonably necessary to protect against immediate use of unlawful force
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
As long as reasonable and in their practice

18. deadly force
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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.
Being tried for the lesser included offense precludes further trying for greater offense
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

19. consent exception
It is offense specific - applies with formal charges
If you try someone for criminal battery and victim then dies can be tried again for murder
Must be voluntary and intelligent
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

20. imperfect self defense
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 D kills under an unreasonable self defense he is guilty of manslaughter
Public welfare offenses and statutory rape
If you intend to return it!

21. lesser included offenses
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Being tried for the lesser included offense precludes further trying for greater offense
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Must occur within a year and a day

22. unreliable ear doctrine
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. 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.
Asusme risk that person you r speaking w/is a snich
But/for and so deficient behavior

23. kidnapping
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
Moving a victim or concealing in secret
Do not require suppression of the evidence
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.

24. larceny by trick
If D only gets possession by telling a lie
Only to prevent kidnapping - rape - robbery or burglary
Do not require suppression of the evidence
Misappropriation of property by one who was in lawful possession of the property at the time

25. exception to miranda
Public safety
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Still guilty but no longer guilty for future crimes that co cons. do
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

26. forgery
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Physical stuff is not testimonial
Making false writing or altering an existing instrument to defraud--forging a check
No defense to homicide

27. limitations on felony murder
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

28. when is it not larceny?
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.
If you intend to return it!
Being tried for the lesser included offense precludes further trying for greater offense

29. separate sovereigns
No need to retreat
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
If D only gets possession by telling a lie

30. miranda waiver
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Knowing and intelligent and voluntary
Moving a victim or concealing in secret
Vicarious liability for any foreseeable crime in furtherance of conspiracy

31. type of consent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Deadly force can be used only to prevent a crime dangerouns to human life
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. 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

32. what must judge establish during plea
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.
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
Probable cause -- + particularity _ neutral magistrate
Decision immediately appealable

33. accomplice liability
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
It is offense specific - applies with formal charges
Of lesser included offenses and solicitation and attempt will merge
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

34. if all co conspirators are acquitted vefore you then
You get off without a trial
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
'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
If D only gets possession by telling a lie

35. continuing trespass
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If there is a concurrence issue
No defense to homicide
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

36. exigent circumstances
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
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

37. terry frisk
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.
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!
Of lesser included offenses and solicitation and attempt will merge
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. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
No
Deadly force can be used only to prevent a crime dangerouns to human life

39. When failure to act will result in a crime
Committed with adequate provocation.
If D only gets possession by telling a lie
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
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

40. withdrawal of accomplice liability
Asusme risk that person you r speaking w/is a snich
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!
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
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

41. retreat?
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.
Decision immediately appealable
No
No need to retreat

42. conspiracy
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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
Misappropriation of property by one who was in lawful possession of the property at the time

43. voluntary manslaighter
'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
Committed with adequate provocation.
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.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

44. same offense test
Public welfare offenses and statutory rape
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
If each has an element the other does not that no double jeapordy
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

45. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
As long as reasonable and in their practice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Only to prevent kidnapping - rape - robbery or burglary

46. when is good faith not available
Must know it was stolen
Hold harmless standard- but iwll never apply to denial of counsel at trial
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

47. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Can use if reasonably necessary to protect against immediate use of unlawful force
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

48. burglary
'throwing a punch'-- general intent crime
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Decision immediately appealable
Broadest- D's act caused by mental illness - product of mental illness. also called product test

49. malice
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Must occur within a year and a day
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

50. particularity
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
Decision immediately appealable
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