Test your basic knowledge |

Criminal Law

Subject : 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. people who do NOT have reasonable expectation of privacy
passengers in cars and individuals using solely for business premises.
If each has an element the other does not that no double jeapordy
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

2. when is good faith not available
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
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 there is a concurrence issue
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

3. people who MAY have a reasonable expectation of privacy
Committed with adequate provocation.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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.

4. who has reasonable expectation of privacy?
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Still guilty but no longer guilty for future crimes that co cons. do
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

5. 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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Hold harmless standard- but iwll never apply to denial of counsel at trial
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

6. what if it is erroneously included anyway
Must prove both that criminal design originated with police and D not disposed to commit crime.
Hold harmless standard- but iwll never apply to denial of counsel at trial
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)

7. consent exception
Must be voluntary and intelligent
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Public welfare offenses and statutory rape
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

8. When failure to act will result in a 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
Sex without victims consent by force or threat of force or victim is unconscious
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
Decision immediately appealable

9. NY deadly force in crime prevention
Only to prevent kidnapping - rape - robbery or burglary
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Defense to specific intent crimes
Committed with adequate provocation.

10. limitations on felony murder
Can use if reasonably necessary to protect against immediate use of unlawful force
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Asking someone to commit a crime for you with intent that he does it
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

11. uttering
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Defense to specific intent crimes
It is offense specific - applies with formal charges
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

12. deadly force
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
'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
Asusme risk that person you r speaking w/is a snich

13. imperfect self defense
'throwing a punch'-- general intent crime
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.
If D kills under an unreasonable self defense he is guilty of manslaughter
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

14. attempt
Probable cause -- + particularity _ neutral magistrate
Battery - rape - kidnapping - false imprisonment
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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

15. inventory exception
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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
As long as reasonable and in their practice

16. may illegally seized evidence be used

17. unreliable ear doctrine
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Asusme risk that person you r speaking w/is a snich
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.
Less than probable cause-- need particularized facts that support suspicion.

18. receit of stolen property
Moving a victim or concealing in secret
No defense to homicide
Must know it was stolen
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

19. search incident to arrest
Defense to any crime
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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
Committed with adequate provocation.

20. robbery
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
'throwing a punch'-- general intent crime
Still guilty but no longer guilty for future crimes that co cons. do

21. when is it not larceny?
Can use if reasonably necessary to protect against immediate use of unlawful force
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
If you intend to return it!

22. 6th amendment right to counsel
Probable cause -- + particularity _ neutral magistrate
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Being tried for the lesser included offense precludes further trying for greater offense
It is offense specific - applies with formal charges

23. lesser included offenses
No
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Being tried for the lesser included offense precludes further trying for greater offense

24. violations of knock and announce
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
Do not require suppression of the evidence

25. what are co conspirators liable for
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Must be voluntary and intelligent
Vicarious liability for any foreseeable crime in furtherance of conspiracy

26. testimonial
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
Probable cause -- + particularity _ neutral magistrate
No need to retreat

27. 5th amendment right to counsel
Probable cause -- + particularity _ neutral magistrate
Public welfare offenses and statutory rape
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

28. miranda warning
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Asking someone to commit a crime for you with intent that he does it

29. involuntary manslaughter
Decision immediately appealable
Making false writing or altering an existing instrument to defraud--forging a check
Defense to specific intent and malice and general intent crimes
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

30. larceny by trick
If D only gets possession by telling a lie
'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
6 person minimum - unanimity only required when 6 used

31. voluntary intoxication
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Of lesser included offenses and solicitation and attempt will merge
Can be a defense t oa specific intent crime.
Asking someone to commit a crime for you with intent that he does it

32. 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 each has an element the other does not that no double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
But/for and so deficient behavior

33. what is reasonable suspicion
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
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.
Less than probable cause-- need particularized facts that support suspicion.
If there is a concurrence issue

34. how to withdraw plea

35. merger
Asking someone to commit a crime for you with intent that he does it
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
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
Of lesser included offenses and solicitation and attempt will merge

36. exception to lesser included offense double jeapordy
Defense to any crime
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
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

37. entrapment
Only to prevent kidnapping - rape - robbery or burglary
Must prove both that criminal design originated with police and D not disposed to commit crime.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

38. reasonable mistake of fact
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
But/for and so deficient behavior
Defense to specific intent and malice and general intent crimes
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

39. exception to miranda
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!
Public safety
As long as reasonable and in their practice
Can use if reasonably necessary to protect against immediate use of unlawful force

40. when are you seized

41. 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
Probable cause -- + particularity _ neutral magistrate
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
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.

42. what if search was not valid
Defense to any crime
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

43. forgery
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 is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.
Making false writing or altering an existing instrument to defraud--forging a check

44. retreat?
If you effectively communicate foregonig aggression
No need to retreat
Of lesser included offenses and solicitation and attempt will merge
Making false writing or altering an existing instrument to defraud--forging a check

45. double jeapordy attaches when
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Physical stuff is not testimonial
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

46. who is not an accomplice
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
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.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

47. rape
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Sex without victims consent by force or threat of force or victim is unconscious
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. what has no reasonable expectation of privacy

49. kidnapping
If you try someone for criminal battery and victim then dies can be tried again for murder
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
Moving a victim or concealing in secret
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

50. withdrawal of accomplice liability
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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!
You get off without a trial
passengers in cars and individuals using solely for business premises.