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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. 5th amendment right to counsel
Asusme risk that person you r speaking w/is a snich
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Public safety
It is offense specific - applies with formal charges

2. voluntary manslaighter
Committed with adequate provocation.
No need to retreat
But/for and so deficient behavior
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

3. people who do NOT have reasonable expectation of privacy
passengers in cars and individuals using solely for business premises.
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

4. exigent circumstances
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Physical stuff is not testimonial

5. accomplice liability
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
Hold harmless standard- but iwll never apply to denial of counsel at trial
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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

6. assault

7. type of consent
Public welfare offenses and statutory rape
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If you try someone for criminal battery and victim then dies can be tried again for murder

8. unreliable ear doctrine
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
Asusme risk that person you r speaking w/is a snich
Making false writing or altering an existing instrument to defraud--forging a check
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

9. search incident to arrest
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands

10. jury trial
Defense to specific intent and malice and general intent crimes
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
6 person minimum - unanimity only required when 6 used
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. continuing trespass
If there is a concurrence issue
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.
As long as reasonable and in their practice

12. terry stop
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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

13. exceptions to fruit of poisonous tree

14. what must judge establish during plea
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Being tried for the lesser included offense precludes further trying for greater offense
Public safety
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.

15. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
Must know it was stolen
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

16. 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
But/for and so deficient behavior
Physical stuff is not testimonial
Knowing and intelligent and voluntary

17. forgery
If D only gets possession by telling a lie
Making false writing or altering an existing instrument to defraud--forging a check
As long as reasonable and in their practice
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

18. larceny
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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!
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

19. requirements for wiretap warrant
'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
Probable cause - people expected t obe heard - conversation timing
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

20. when are you seized

21. crime prevention
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Being tried for the lesser included offense precludes further trying for greater offense
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Deadly force can be used only to prevent a crime dangerouns to human life

22. valid warrant
Probable cause -- + particularity _ neutral magistrate
Making false writing or altering an existing instrument to defraud--forging a check
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

23. death penalty

24. strict liability
It is offense specific - applies with formal charges
If D kills under an unreasonable self defense he is guilty of manslaughter
Asking someone to commit a crime for you with intent that he does it
Public welfare offenses and statutory rape

25. uttering
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Making false writing or altering an existing instrument to defraud--forging a check
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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

26. involuntary intoxication
Defense to any crime
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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

27. conspiracy
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
No defense to homicide
Hold harmless standard- but iwll never apply to denial of counsel at trial

28. may illegally seized evidence be used

29. what if it is erroneously included anyway
No need to retreat
Must know it was stolen
Hold harmless standard- but iwll never apply to denial of counsel at 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

30. consent exception
Probable cause -- + particularity _ neutral magistrate
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Must be voluntary and intelligent
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

31. ineffective assistance of counsel
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Battery - rape - kidnapping - false imprisonment
Asusme risk that person you r speaking w/is a snich
But/for and so deficient behavior

32. deadly force
Hold harmless standard- but iwll never apply to denial of counsel at trial
If there is a concurrence issue
If D kills under an unreasonable self defense he is guilty of manslaughter
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

33. inventory exception
As long as reasonable and in their practice
Making false writing or altering an existing instrument to defraud--forging a check
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

34. specific intent crimes
Physical stuff is not testimonial
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
passengers in cars and individuals using solely for business premises.
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

35. embezzlement
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Misappropriation of property by one who was in lawful possession of the property at the time
Knowing and intelligent and voluntary
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

36. what has no reasonable expectation of privacy

37. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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. 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.

38. 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.
Misappropriation of property by one who was in lawful possession of the property at the time
Less than probable cause-- need particularized facts that support suspicion.
Asusme risk that person you r speaking w/is a snich

39. terry frisk
It is offense specific - applies with formal charges
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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.

40. 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.
Can be a defense t oa specific intent crime.
Misappropriation of property by one who was in lawful possession of the property at the time
Must be voluntary and intelligent

41. who is not an accomplice
Decision immediately appealable
No defense to homicide
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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

42. malice
Asking someone to commit a crime for you with intent that he does it
Only to prevent kidnapping - rape - robbery or burglary
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

43. durham test

44. if you withdraw from conspiracy
Battery - rape - kidnapping - false imprisonment
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
Still guilty but no longer guilty for future crimes that co cons. do
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.

45. NY deadly force in crime prevention
Committed with adequate provocation.
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.
Only to prevent kidnapping - rape - robbery or burglary
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.

46. withdrawal of accomplice liability
No defense to homicide
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
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!
Decision immediately appealable

47. durress
Knowing and intelligent and voluntary
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!
No defense to homicide
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

48. 6th amendment right to counsel
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!
Probable cause - people expected t obe heard - conversation timing
Must be voluntary and intelligent
It is offense specific - applies with formal charges

49. What is not voluntary

50. reasonable mistake of fact
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Defense to specific intent and malice and general intent crimes
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)