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. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Making false writing or altering an existing instrument to defraud--forging a check


2. testimonial
If you try someone for criminal battery and victim then dies can be tried again for murder
passengers in cars and individuals using solely for business premises.
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
Physical stuff is not testimonial


3. entrapment
No defense to homicide
'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
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.
Must prove both that criminal design originated with police and D not disposed to commit crime.


4. knock and announce
Battery - rape - kidnapping - false imprisonment
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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 unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


5. involuntary intoxication
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.
Decision immediately appealable
Defense to any crime
If D kills under an unreasonable self defense he is guilty of manslaughter


6. particularity
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
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
Can use if reasonably necessary to protect against immediate use of unlawful force
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


7. death penalty

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8. deadly force
Hold harmless standard- but iwll never apply to denial of counsel at trial
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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.
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


9. probable cause

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10. double jeapordy attaches when
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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.
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
Must occur within a year and a day


11. miranda waiver
'throwing a punch'-- general intent crime
Knowing and intelligent and voluntary
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 be voluntary and intelligent


12. what is reasonable suspicion
Asusme risk that person you r speaking w/is a snich
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
No need to retreat
Less than probable cause-- need particularized facts that support suspicion.


13. valid warrant
6 person minimum - unanimity only required when 6 used
Probable cause -- + particularity _ neutral magistrate
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt


14. requirements for wiretap warrant
Battery - rape - kidnapping - false imprisonment
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
Probable cause - people expected t obe heard - conversation timing


15. lesser included offenses
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Of lesser included offenses and solicitation and attempt will merge
Being tried for the lesser included offense precludes further trying for greater offense
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.


16. withdrawal of accomplice liability
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.
But/for and so deficient behavior
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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!


17. terry frisk
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
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


18. when is it gov't conduct to fall in the 4th/
Must occur within a year and a day
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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


19. rape
Defense to any crime
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Physical stuff is not testimonial
Sex without victims consent by force or threat of force or victim is unconscious


20. NY deadly force in crime prevention
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Only to prevent kidnapping - rape - robbery or burglary
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


21. crime prevention
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
If you try someone for criminal battery and victim then dies can be tried again for murder
Deadly force can be used only to prevent a crime dangerouns to human life
No defense to homicide


22. exceptions that permit retrial
Moving a victim or concealing in secret
Physical stuff is not testimonial
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor


23. false pretenses
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
If there is a concurrence issue
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.
passengers in cars and individuals using solely for business premises.


24. 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
If D only gets possession by telling a lie
Public welfare offenses and statutory rape
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions


25. common law murder
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
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.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder


26. what must judge establish during plea
Defense to specific intent crimes
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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.
Must occur within a year and a day


27. assault

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28. reasonable mistake of fact
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
If you intend to return it!
Defense to specific intent and malice and general intent crimes
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


29. exception to miranda
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Public safety
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.
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


30. bail
Vicarious liability for any foreseeable crime in furtherance of conspiracy
If you try someone for criminal battery and victim then dies can be tried again for murder
Hold harmless standard- but iwll never apply to denial of counsel at trial
Decision immediately appealable


31. strict liability
Of lesser included offenses and solicitation and attempt will merge
Public welfare offenses and statutory rape
If each has an element the other does not that no double jeapordy
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.


32. what is interrogation
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Asking someone to commit a crime for you with intent that he does it
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Do not require suppression of the evidence


33. limitations on felony murder
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
Defense to specific intent and malice and general intent crimes
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


34. unreasonable mistake of fact
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.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Defense to specific intent crimes
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


35. durress
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
No defense to homicide
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
'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


36. exceptions to fruit of poisonous tree

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37. forgery
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Only to prevent kidnapping - rape - robbery or burglary
Making false writing or altering an existing instrument to defraud--forging a check
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police


38. specific intent crimes
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
If you effectively communicate foregonig aggression
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.


39. durham test

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40. unreliable ear doctrine
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
Asusme risk that person you r speaking w/is a snich
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 be voluntary and intelligent


41. embezzlement
6 person minimum - unanimity only required when 6 used
Misappropriation of property by one who was in lawful possession of the property at the time
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
But/for and so deficient behavior


42. attempt
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.


43. general intent
Battery - rape - kidnapping - false imprisonment
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. 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. 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.


44. infancy
Must occur within a year and a day
Probable cause - people expected t obe heard - conversation timing
If D kills under an unreasonable self defense he is guilty of manslaughter
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem


45. solicitation
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. 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
Asking someone to commit a crime for you with intent that he does it
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


46. 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
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.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!


47. exception to lesser included offense double jeapordy
Misappropriation of property by one who was in lawful possession of the property at the time
Still guilty but no longer guilty for future crimes that co cons. do
If you try someone for criminal battery and victim then dies can be tried again for murder
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


48. ineffective assistance of counsel
Sex without victims consent by force or threat of force or victim is unconscious
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
But/for and so deficient behavior
Must prove both that criminal design originated with police and D not disposed to commit crime.


49. is an accomplice's liability dependant on principle's liability?
No
Sex without victims consent by force or threat of force or victim is unconscious
Decision immediately appealable
Asusme risk that person you r speaking w/is a snich


50. exclusionary rule
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Must know it was stolen
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!
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.