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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. non deadly force
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Can use if reasonably necessary to protect against immediate use of unlawful force
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!
Only to prevent kidnapping - rape - robbery or burglary

2. consent exception
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Must be voluntary and intelligent
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.

3. false pretenses
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
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.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

4. conspiracy
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.
Only to impeach D's testimony
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

5. involuntary intoxication
Only to impeach D's testimony
Defense to any crime
Do not require suppression of the evidence
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. challenges to ID procedures
Misappropriation of property by one who was in lawful possession of the property at the time
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
Moving a victim or concealing in secret
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.

7. insanity - mc naughten test
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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

8. arson

9. what if search was not valid
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
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police

10. violations of knock and announce
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Do not require suppression of the evidence
No need to retreat

11. uttering
Must know it was stolen
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

12. how to withdraw plea

13. when is good faith not available
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 D kills under an unreasonable self defense he is guilty of manslaughter
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

14. exceptions to fruit of poisonous tree

15. what if it is erroneously included anyway
Must be voluntary and intelligent
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Hold harmless standard- but iwll never apply to denial of counsel at trial
You get off without a trial

16. deadly force
You get off without a trial
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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
Asking someone to commit a crime for you with intent that he does it

17. 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
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
Knowing and intelligent and voluntary
Can be a defense t oa specific intent crime.

18. solicitation
Only to prevent kidnapping - rape - robbery or burglary
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Public welfare offenses and statutory rape
Asking someone to commit a crime for you with intent that he does it

19. double jeapordy attaches when
Being tried for the lesser included offense precludes further trying for greater offense
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
Can be a defense t oa specific intent crime.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

20. what has no reasonable expectation of privacy

21. inventory exception
As long as reasonable and in their practice
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Only to prevent kidnapping - rape - robbery or burglary

22. battery

23. what are co conspirators liable for
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Must know it was stolen
Defense to any crime

24. continuing trespass
If there is a concurrence issue
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.
Battery - rape - kidnapping - false imprisonment
Only to prevent kidnapping - rape - robbery or burglary

25. robbery
As long as reasonable and in their practice
Public safety
Probable cause -- + particularity _ neutral magistrate
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

26. particularity
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)
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.
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

27. 6th amendment right to counsel
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
It is offense specific - applies with formal charges
If D kills under an unreasonable self defense he is guilty of manslaughter

28. durress
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
No defense to homicide
Must be voluntary and intelligent
If D kills under an unreasonable self defense he is guilty of manslaughter

29. unreliable ear doctrine
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
It is offense specific - applies with formal charges
Asusme risk that person you r speaking w/is a snich
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

30. retreat?
Moving a victim or concealing in secret
Deadly force can be used only to prevent a crime dangerouns to human life
No need to retreat
Defense to specific intent crimes

31. When failure to act will result in a 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
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
Making false writing or altering an existing instrument to defraud--forging a check
Broadest- D's act caused by mental illness - product of mental illness. also called product test

32. bail
'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 you try someone for criminal battery and victim then dies can be tried again for murder
Decision immediately appealable
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

33. terry stop
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Can be a defense t oa specific intent crime.
6 person minimum - unanimity only required when 6 used
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.

34. withdrawal of accomplice liability
Battery - rape - kidnapping - false imprisonment
Still guilty but no longer guilty for future crimes that co cons. do
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!

35. strict liability
Public welfare offenses and statutory rape
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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
Still guilty but no longer guilty for future crimes that co cons. do

36. separate sovereigns
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Misappropriation of property by one who was in lawful possession of the property at the time
Sex without victims consent by force or threat of force or victim is unconscious
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

37. imperfect self defense
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
If D kills under an unreasonable self defense he is guilty of manslaughter
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

38. exigent circumstances
If D kills under an unreasonable self defense he is guilty of manslaughter
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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.

39. what is reasonable suspicion
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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. 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.
Less than probable cause-- need particularized facts that support suspicion.

40. may illegally seized evidence be used

41. larceny
Broadest- D's act caused by mental illness - product of mental illness. also called product test
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

42. general intent
Battery - rape - kidnapping - false imprisonment
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
'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
No need to retreat

43. exception to miranda
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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.
Public safety
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

44. exceptions that permit retrial
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
'throwing a punch'-- general intent crime
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

45. burglary
Must prove both that criminal design originated with police and D not disposed to commit crime.
Must know it was stolen
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
No need to retreat

46. if all co conspirators are acquitted vefore you then
Knowing and intelligent and voluntary
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
You get off without a trial
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

47. who is not an accomplice
Probable cause - people expected t obe heard - conversation timing
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Physical stuff is not testimonial
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

48. larceny by trick
'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
No need to retreat
If D only gets possession by telling a lie
If you try someone for criminal battery and victim then dies can be tried again for murder

49. if you withdraw from 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
Still guilty but no longer guilty for future crimes that co cons. do
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Knowing and intelligent and voluntary

50. 5th amendment right to counsel
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
6 person minimum - unanimity only required when 6 used
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.