Criminal 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. battery

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


2. withdrawal of accomplice liability
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!
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
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
Hold harmless standard- but iwll never apply to denial of counsel at trial


3. who has reasonable expectation of privacy?
Defense to specific intent crimes
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Must be voluntary and intelligent
Probable cause -- + particularity _ neutral magistrate


4. challenges to ID procedures
Must occur within a year and a day
'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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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.


5. imperfect self defense
Only to prevent kidnapping - rape - robbery or burglary
Must prove both that criminal design originated with police and D not disposed to commit crime.
If D kills under an unreasonable self defense he is guilty of manslaughter
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. rape
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
Sex without victims consent by force or threat of force or victim is unconscious
'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
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. common law murder
Defense to specific intent and malice and general intent crimes
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
passengers in cars and individuals using solely for business premises.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


8. how to withdraw plea

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


9. if all co conspirators are acquitted vefore you then
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
You get off without a trial
6 person minimum - unanimity only required when 6 used
If you effectively communicate foregonig aggression


10. durress
As long as reasonable and in their practice
Moving a victim or concealing in secret
No defense to homicide
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


11. assault

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


12. voluntary intoxication
Can be a defense t oa specific intent crime.
Being tried for the lesser included offense precludes further trying for greater offense
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Deadly force can be used only to prevent a crime dangerouns to human life


13. ineffective assistance of counsel
But/for and so deficient behavior
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor


14. who is not an accomplice
'throwing a punch'-- general intent crime
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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


15. retreat?
No need to retreat
Battery - rape - kidnapping - false imprisonment
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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


16. burglary
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If D only gets possession by telling a lie
Still guilty but no longer guilty for future crimes that co cons. do
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


17. double jeapordy attaches when
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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
Can use if reasonably necessary to protect against immediate use of unlawful force


18. miranda waiver
No defense to homicide
Knowing and intelligent and voluntary
6 person minimum - unanimity only required when 6 used
If there is a concurrence issue


19. insanity- irresistible impulse

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


20. when is it gov't conduct to fall in the 4th/
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Can be a defense t oa specific intent crime.
No
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


21. probable cause

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


22. larceny by trick
If D only gets possession by telling a lie
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
Probable cause - people expected t obe heard - conversation timing
You get off without a trial


23. lesser included offenses
Being tried for the lesser included offense precludes further trying for greater offense
Of lesser included offenses and solicitation and attempt will merge
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
As long as reasonable and in their practice


24. specific intent crimes
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


25. robbery
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
Must occur within a year and a day


26. What is not voluntary

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


27. 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.
No
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
But/for and so deficient behavior


28. attempt
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Knowing and intelligent and voluntary
If D only gets possession by telling a lie
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


29. non deadly force
Can use if reasonably necessary to protect against immediate use of unlawful force
Broadest- D's act caused by mental illness - product of mental illness. also called product test
No defense to homicide
Being tried for the lesser included offense precludes further trying for greater offense


30. 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.
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
Must know it was stolen
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.


31. conspiracy
Hold harmless standard- but iwll never apply to denial of counsel at trial
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!
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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


32. exception to lesser included offense double jeapordy
If D only gets possession by telling a lie
Physical stuff is not testimonial
If you try someone for criminal battery and victim then dies can be tried again for murder
Still guilty but no longer guilty for future crimes that co cons. do


33. voluntary manslaighter
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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Committed with adequate provocation.


34. violations of knock and announce
Only to impeach D's testimony
Do not require suppression of the evidence
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


35. MPC test
If D only gets possession by telling a lie
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


36. people who MAY have a reasonable expectation of privacy
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
Defense to specific intent and malice and general intent crimes
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.


37. kidnapping
Moving a victim or concealing in secret
Asusme risk that person you r speaking w/is a snich
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Committed with adequate provocation.


38. infancy
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.
Still guilty but no longer guilty for future crimes that co cons. do
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


39. larceny
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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.
Defense to specific intent crimes


40. knock and announce
No defense to homicide
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Being tried for the lesser included offense precludes further trying for greater offense
If you try someone for criminal battery and victim then dies can be tried again for murder


41. inventory exception
Sex without victims consent by force or threat of force or victim is unconscious
If you effectively communicate foregonig aggression
As long as reasonable and in their practice
Physical stuff is not testimonial


42. when are you seized

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


43. requirements for wiretap warrant
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
'throwing a punch'-- general intent crime
Probable cause - people expected t obe heard - conversation timing
Knowing and intelligent and voluntary


44. unreliable ear doctrine
If you intend to return it!
Asusme risk that person you r speaking w/is a snich
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.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


45. durham test

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


46. 5th amendment right to counsel
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
Being tried for the lesser included offense precludes further trying for greater offense
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor


47. exceptions to fruit of poisonous tree

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


48. involuntary intoxication
If D kills under an unreasonable self defense he is guilty of manslaughter
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Defense to any crime
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.


49. embezzlement
Misappropriation of property by one who was in lawful possession of the property at the time
No
If D only gets possession by telling a lie
If D kills under an unreasonable self defense he is guilty of manslaughter


50. type of consent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
Must prove both that criminal design originated with police and D not disposed to commit crime.