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. miranda waiver
Knowing and intelligent and voluntary
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
Public welfare offenses and statutory rape
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.


2. common law murder
passengers in cars and individuals using solely for business premises.
But/for and so deficient behavior
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Broadest- D's act caused by mental illness - product of mental illness. also called product test


3. arson

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


4. larceny by trick
Must prove both that criminal design originated with police and D not disposed to commit crime.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Vicarious liability for any foreseeable crime in furtherance of conspiracy
If D only gets possession by telling a lie


5. reasonable mistake of fact
No need to retreat
Defense to any crime
Defense to specific intent and malice and general intent crimes
passengers in cars and individuals using solely for business premises.


6. voluntary intoxication
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
You get off without a trial
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Can be a defense t oa specific intent crime.


7. involuntary manslaughter
Probable cause - people expected t obe heard - conversation timing
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Public welfare offenses and statutory rape


8. insanity - mc naughten test
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Only to prevent kidnapping - rape - robbery or burglary
If you try someone for criminal battery and victim then dies can be tried again for murder


9. crime prevention
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.
Physical stuff is not testimonial
Deadly force can be used only to prevent a crime dangerouns to human life
Must occur within a year and a day


10. solicitation
Asking someone to commit a crime for you with intent that he does it
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.
Deadly force can be used only to prevent a crime dangerouns to human life
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


11. robbery
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
Moving a victim or concealing in secret


12. 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
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
If each has an element the other does not that no double jeapordy
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


13. death penalty

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


14. bail
Deadly force can be used only to prevent a crime dangerouns to human life
If there is a concurrence issue
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
Decision immediately appealable


15. strict liability
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.
But/for and so deficient behavior
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Public welfare offenses and statutory rape


16. When failure to act will result in a crime
As long as reasonable and in their practice
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Committed with adequate provocation.
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


17. when are you seized

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


18. 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.
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!
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


19. What is not voluntary

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


20. if all co conspirators are acquitted vefore you then
Asking someone to commit a crime for you with intent that he does it
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
You get off without a trial
'throwing a punch'-- general intent crime


21. terry frisk
No defense to homicide
If D kills under an unreasonable self defense he is guilty of manslaughter
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.
Committed with adequate provocation.


22. accomplice liability
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
Deadly force can be used only to prevent a crime dangerouns to human life
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


23. particularity
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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 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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


24. 5th amendment right to counsel
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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
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


25. what is reasonable suspicion
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
If each has an element the other does not that no double jeapordy
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.
Less than probable cause-- need particularized facts that support suspicion.


26. knock and announce
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Must occur within a year and a day
6 person minimum - unanimity only required when 6 used
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


27. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Do not require suppression of the evidence
If D kills under an unreasonable self defense he is guilty of manslaughter
If each has an element the other does not that no double jeapordy


28. infancy
No
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Probable cause -- + particularity _ neutral magistrate


29. exceptions that permit retrial
Asusme risk that person you r speaking w/is a snich
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


30. conspiracy
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
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
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


31. what are co conspirators liable for
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 there is a concurrence issue
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Probable cause -- + particularity _ neutral magistrate


32. false pretenses
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
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.
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


33. people who do NOT have reasonable expectation of privacy
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Hold harmless standard- but iwll never apply to denial of counsel at trial
passengers in cars and individuals using solely for business premises.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


34. uttering
If D kills under an unreasonable self defense he is guilty of manslaughter
Deadly force can be used only to prevent a crime dangerouns to human life
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Probable cause -- + particularity _ neutral magistrate


35. malice
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Must prove both that criminal design originated with police and D not disposed to commit crime.


36. 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.
Still guilty but no longer guilty for future crimes that co cons. do
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
No defense to homicide


37. non deadly force
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Still guilty but no longer guilty for future crimes that co cons. do
Battery - rape - kidnapping - false imprisonment
Can use if reasonably necessary to protect against immediate use of unlawful force


38. insanity- irresistible impulse

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


39. imperfect self defense
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.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If D kills under an unreasonable self defense he is guilty of manslaughter


40. NY deadly force in crime prevention
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
Only to prevent kidnapping - rape - robbery or burglary
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


41. probable cause

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


42. forgery
Can use if reasonably necessary to protect against immediate use of unlawful force
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
Making false writing or altering an existing instrument to defraud--forging a check


43. specific intent crimes
Sex without victims consent by force or threat of force or victim is unconscious
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
passengers in cars and individuals using solely for business premises.
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


44. 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!
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime


45. may illegally seized evidence be used

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


46. how to withdraw plea

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


47. larceny
Must prove both that criminal design originated with police and D not disposed to commit crime.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).


48. if you withdraw from conspiracy
'throwing a punch'-- general intent crime
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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


49. consent exception
Making false writing or altering an existing instrument to defraud--forging a check
Must be voluntary and intelligent
Can use if reasonably necessary to protect against immediate use of unlawful force
Asusme risk that person you r speaking w/is a snich


50. automobile exception
Sex without victims consent by force or threat of force or victim is unconscious
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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.