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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. who is not an accomplice
No
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
If there is a concurrence issue
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

2. rape
Misappropriation of property by one who was in lawful possession of the property at the time
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Sex without victims consent by force or threat of force or victim is unconscious
Probable cause -- + particularity _ neutral magistrate

3. bail
Asking someone to commit a crime for you with intent that he does it
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Decision immediately appealable
Of lesser included offenses and solicitation and attempt will merge

4. type of consent
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.
Still guilty but no longer guilty for future crimes that co cons. do
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Probable cause - people expected t obe heard - conversation timing

5. limitations on felony murder
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
Making false writing or altering an existing instrument to defraud--forging a check
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.
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

6. durress
Must prove both that criminal design originated with police and D not disposed to commit crime.
If there is a concurrence issue
Do not require suppression of the evidence
No defense to homicide

7. challenges to ID procedures
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.
If you intend to return it!
6 person minimum - unanimity only required when 6 used
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

8. if all co conspirators are acquitted vefore you then
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.
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
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

9. burglary
Being tried for the lesser included offense precludes further trying for greater offense
Of lesser included offenses and solicitation and attempt will merge
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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

10. infancy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Can be a defense t oa specific intent crime.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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. common law murder
6 person minimum - unanimity only required when 6 used
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

12. is an accomplice's liability dependant on principle's liability?
No
Still guilty but no longer guilty for future crimes that co cons. do
You get off without a trial
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

13. entrapment
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.
If you try someone for criminal battery and victim then dies can be tried again for murder
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Must prove both that criminal design originated with police and D not disposed to commit crime.

14. When failure to act will result in a crime
Can use if reasonably necessary to protect against immediate use of unlawful force
Public welfare offenses and statutory rape
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
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

15. solicitation
If D kills under an unreasonable self defense he is guilty of manslaughter
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.
Asking someone to commit a crime for you with intent that he does it
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

16. reasonable mistake of fact
It is offense specific - applies with formal charges
Defense to specific intent and malice and general intent crimes
Only to prevent kidnapping - rape - robbery or burglary
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.

17. kidnapping
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Moving a victim or concealing in secret
If you effectively communicate foregonig aggression
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

18. inventory exception
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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!
As long as reasonable and in their practice
Asking someone to commit a crime for you with intent that he does it

19. deadly force
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 kills under an unreasonable self defense he is guilty of manslaughter
Still guilty but no longer guilty for future crimes that co cons. do
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

20. durham test

21. search incident to arrest
Defense to specific intent crimes
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Sex without victims consent by force or threat of force or victim is unconscious
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

22. people who do NOT have reasonable expectation of privacy
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
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
passengers in cars and individuals using solely for business premises.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

23. MPC test
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
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

24. false pretenses
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 D kills under an unreasonable self defense he is guilty of manslaughter
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
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.

25. insanity- irresistible impulse

26. death penalty

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

28. larceny by trick
If D only gets possession by telling a lie
No need to retreat
Battery - rape - kidnapping - false imprisonment
Defense to specific intent crimes

29. exception to miranda
It is offense specific - applies with formal charges
Public safety
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).

30. 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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
No need to retreat
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

31. conspiracy
No
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
If you try someone for criminal battery and victim then dies can be tried again for murder
'throwing a punch'-- general intent crime

32. how to withdraw plea

33. miranda warning
Decision immediately appealable
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
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

34. valid warrant
Probable cause -- + particularity _ neutral magistrate
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that 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
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

35. forgery
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Making false writing or altering an existing instrument to defraud--forging a check

36. double jeapordy attaches when
If you try someone for criminal battery and victim then dies can be tried again for murder
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Misappropriation of property by one who was in lawful possession of the property at the time

37. insanity - mc naughten test
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.
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Broadest- D's act caused by mental illness - product of mental illness. also called product test

38. terry stop
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
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

39. special needs exception

40. battery

41. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
6 person minimum - unanimity only required when 6 used

42. 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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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!

43. malice
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
You get off without a trial
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

44. exigent circumstances
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If there is a concurrence issue

45. retreat?
No need to retreat
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.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

46. 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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

47. withdrawal of accomplice liability
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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!
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

48. knock and announce
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 be voluntary and intelligent
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Do not require suppression of the evidence

49. ineffective assistance of counsel
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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.
But/for and so deficient behavior
Must occur within a year and a day

50. arson