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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. search incident to arrest
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Misappropriation of property by one who was in lawful possession of the property at the time

2. common law murder
No need to retreat
If D only gets possession by telling a lie
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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.

3. entrapment
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If you intend to return it!
Of lesser included offenses and solicitation and attempt will merge
Must prove both that criminal design originated with police and D not disposed to commit crime.

4. jury trial
6 person minimum - unanimity only required when 6 used
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

5. voluntary manslaighter
Committed with adequate provocation.
Public welfare offenses and statutory rape
Defense to specific intent crimes
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

6. 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.
If each has an element the other does not that no double jeapordy
Battery - rape - kidnapping - false imprisonment
Public welfare offenses and statutory rape

7. assault

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8. NY deadly force in crime prevention
Physical stuff is not testimonial
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.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Only to prevent kidnapping - rape - robbery or burglary

9. robbery
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Making false writing or altering an existing instrument to defraud--forging a check
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

10. accomplice liability
Must know it was stolen
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
Do not require suppression of the evidence
Vicarious liability for any foreseeable crime in furtherance of conspiracy

11. same offense test
If each has an element the other does not that no double jeapordy
Knowing and intelligent and voluntary
Defense to specific intent crimes
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

12. exigent circumstances
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
passengers in cars and individuals using solely for business premises.
You get off without a trial

13. merger
Of lesser included offenses and solicitation and attempt will merge
passengers in cars and individuals using solely for business premises.
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
Knowing and intelligent and voluntary

14. imperfect self defense
If D kills under an unreasonable self defense he is guilty of manslaughter
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Decision immediately appealable

15. general intent
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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 prove both that criminal design originated with police and D not disposed to commit crime.
Battery - rape - kidnapping - false imprisonment

16. forgery
Only to impeach D's testimony
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Making false writing or altering an existing instrument to defraud--forging a check
Moving a victim or concealing in secret

17. special needs exception

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18. double jeapordy attaches when
Hold harmless standard- but iwll never apply to denial of counsel at trial
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Moving a victim or concealing in secret
Less than probable cause-- need particularized facts that support suspicion.

19. 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.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

20. who has reasonable expectation of privacy?
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
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

21. exclusionary rule
If you intend to return it!
Must know it was stolen
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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.

22. attempt
Sex without victims consent by force or threat of force or victim is unconscious
Can be a defense t oa specific intent crime.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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

23. when is good faith not available
passengers in cars and individuals using solely for business premises.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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
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.

24. limitations on felony murder
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
It is offense specific - applies with formal charges
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
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!

25. larceny by trick
6 person minimum - unanimity only required when 6 used
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
Do not require suppression of the evidence
If D only gets possession by telling a lie

26. 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
Of lesser included offenses and solicitation and attempt will merge
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Less than probable cause-- need particularized facts that support suspicion.

27. people who MAY have a reasonable expectation of privacy
Defense to specific intent and malice and general intent crimes
As long as reasonable and in their practice
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. 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.

28. when can you use deadly force AND be initial aggressor?
If you effectively communicate foregonig aggression
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Moving a victim or concealing in secret

29. crime prevention
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.
Deadly force can be used only to prevent a crime dangerouns to human life
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
Physical stuff is not testimonial

30. separate sovereigns
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
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.
Deadly force can be used only to prevent a crime dangerouns to human life
Probable cause -- + particularity _ neutral magistrate

31. What is not voluntary

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32. continuing trespass
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If there is a concurrence issue
Misappropriation of property by one who was in lawful possession of the property at the time
Less than probable cause-- need particularized facts that support suspicion.

33. plain view exception
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
Defense to specific intent and malice and general intent crimes
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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.

34. what is interrogation
Being tried for the lesser included offense precludes further trying for greater offense
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

35. lesser included offenses
Must prove both that criminal design originated with police and D not disposed to commit crime.
Being tried for the lesser included offense precludes further trying for greater offense
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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

36. solicitation
Asking someone to commit a crime for you with intent that he does it
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

37. specific intent crimes
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

38. what is reasonable suspicion
Misappropriation of property by one who was in lawful possession of the property at the time
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Less than probable cause-- need particularized facts that support suspicion.
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

39. what if search was not valid
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
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
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

40. terry stop
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.
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Brief detention or seizure for purpose of investigating suspicious conduct if based on 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

41. insanity - mc naughten test
Battery - rape - kidnapping - false imprisonment
Can be a defense t oa specific intent crime.
Misappropriation of property by one who was in lawful possession of the property at the time
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

42. death penalty

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43. miranda warning
Can be a defense t oa specific intent 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
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
Defense to specific intent and malice and general intent crimes

44. strict liability
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
Public welfare offenses and statutory rape
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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!

45. 6th amendment right to counsel
Hold harmless standard- but iwll never apply to denial of counsel at trial
Public safety
It is offense specific - applies with formal charges
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

46. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Public welfare offenses and statutory rape
Committed with adequate provocation.

47. durress
No defense to homicide
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 any crime
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.

48. malice
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Knowing and intelligent and voluntary
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

49. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Public welfare offenses and statutory rape
Hold harmless standard- but iwll never apply to denial of counsel at trial

50. When failure to act will result in a crime
If you try someone for criminal battery and victim then dies can be tried again for murder
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. 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
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