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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. larceny
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If there is a concurrence issue

2. consent exception
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Must be voluntary and intelligent

3. people who do NOT have reasonable expectation of privacy
'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 kills under an unreasonable self defense he is guilty of manslaughter
You get off without a trial
passengers in cars and individuals using solely for business premises.

4. unreasonable mistake of fact
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Defense to specific intent crimes
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.
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.

5. who has reasonable expectation of privacy?
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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
'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

6. assault

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7. specific intent crimes
Asking someone to commit a crime for you with intent that he does it
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

8. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

9. what is reasonable suspicion
If you try someone for criminal battery and victim then dies can be tried again for murder
Less than probable cause-- need particularized facts that support suspicion.
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
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!

10. probable cause

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11. involuntary intoxication
Defense to any crime
Must know it was stolen
Hold harmless standard- but iwll never apply to denial of counsel at trial
Broadest- D's act caused by mental illness - product of mental illness. also called product test

12. what must judge establish during plea
passengers in cars and individuals using solely for business premises.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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 each has an element the other does not that no double jeapordy

13. testimonial
Physical stuff is not testimonial
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Public welfare offenses and statutory rape
Battery - rape - kidnapping - false imprisonment

14. exclusionary rule
Must prove both that criminal design originated with police and D not disposed to commit crime.
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.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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

15. plain view exception
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.
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
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

16. malice
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
No
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

17. What is not voluntary

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18. exigent circumstances
If you intend to return it!
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

19. when is it gov't conduct to fall in the 4th/
If you effectively communicate foregonig aggression
'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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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!

20. crime prevention
No need to retreat
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Deadly force can be used only to prevent a crime dangerouns to human life
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.

21. entrapment
Must prove both that criminal design originated with police and D not disposed to commit crime.
Sex without victims consent by force or threat of force or victim is unconscious
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
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.

22. 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.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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

23. 5th amendment right to counsel
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
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
If you effectively communicate foregonig aggression

24. people who MAY have a reasonable expectation of privacy
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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.

25. particularity
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.
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
passengers in cars and individuals using solely for business premises.

26. jury trial
Probable cause - people expected t obe heard - conversation timing
6 person minimum - unanimity only required when 6 used
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

27. strict liability
Public welfare offenses and statutory rape
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 try someone for criminal battery and victim then dies can be tried again for murder
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.

28. forgery
Knowing and intelligent and voluntary
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Making false writing or altering an existing instrument to defraud--forging a check
Do not require suppression of the evidence

29. withdrawal of accomplice liability
Must occur within a year and a day
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!
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. 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

30. unreliable ear doctrine
Vicarious liability for any foreseeable crime in furtherance of conspiracy
No need to retreat
Only to prevent kidnapping - rape - robbery or burglary
Asusme risk that person you r speaking w/is a snich

31. what has no reasonable expectation of privacy

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32. continuing trespass
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If there is a concurrence issue
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

33. false pretenses
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
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.
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.
If D only gets possession by telling a lie

34. exception to miranda
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
Public safety
Must occur within a year and a day
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

35. inventory exception
As long as reasonable and in their practice
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
Can be a defense t oa specific intent crime.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

36. exceptions that permit retrial
If you try someone for criminal battery and victim then dies can be tried again for murder
Must prove both that criminal design originated with police and D not disposed to commit crime.
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.
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

37. infancy
It is offense specific - applies with formal charges
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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
Must be voluntary and intelligent

38. valid warrant
Do not require suppression of the evidence
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Probable cause -- + particularity _ neutral magistrate
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

39. when can you use deadly force AND be initial aggressor?
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.
If you effectively communicate foregonig aggression
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

40. kidnapping
Moving a victim or concealing in secret
'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
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

41. bail
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Defense to specific intent crimes
Decision immediately appealable
6 person minimum - unanimity only required when 6 used

42. miranda waiver
Knowing and intelligent and voluntary
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Asking someone to commit a crime for you with intent that he does it

43. if you withdraw from conspiracy
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.
Still guilty but no longer guilty for future crimes that co cons. do

44. double jeapordy attaches when
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Of lesser included offenses and solicitation and attempt will merge

45. rape
Must know it was stolen
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Sex without victims consent by force or threat of force or victim is unconscious

46. merger
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.
Misappropriation of property by one who was in lawful possession of the property at the time
Of lesser included offenses and solicitation and attempt will merge
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

47. is an accomplice's liability dependant on principle's liability?
No
Making false writing or altering an existing instrument to defraud--forging a check
Sex without victims consent by force or threat of force or victim is unconscious
If each has an element the other does not that no double jeapordy

48. burglary
Asking someone to commit a crime for you with intent that he does it
Probable cause -- + particularity _ neutral magistrate
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!

49. NY deadly force in crime prevention
As long as reasonable and in their practice
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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

50. voluntary manslaighter
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Only to impeach D's testimony
Committed with adequate provocation.
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.