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Criminal Law

Subject : law

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. what must judge establish during plea
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Deadly force can be used only to prevent a crime dangerouns to human life
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. 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.

2. crime prevention
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!
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. 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

3. conspiracy
If D kills under an unreasonable self defense he is guilty of manslaughter
'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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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

4. miranda waiver
'throwing a punch'-- general intent crime
Knowing and intelligent and voluntary
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Of lesser included offenses and solicitation and attempt will merge

5. same offense test
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Of lesser included offenses and solicitation and attempt will merge
Hold harmless standard- but iwll never apply to denial of counsel at trial
If each has an element the other does not that no double jeapordy

6. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

7. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
If you intend to return 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
6 person minimum - unanimity only required when 6 used

8. What is not voluntary
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Must prove both that criminal design originated with police and D not disposed to commit crime.
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
But/for and so deficient behavior

9. forgery
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
Public safety
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

10. special needs exception
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
If you effectively communicate foregonig aggression
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
If D kills under an unreasonable self defense he is guilty of manslaughter

11. what if search was not valid
Being tried for the lesser included offense precludes further trying for greater offense
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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

12. solicitation
You get off without a trial
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Of lesser included offenses and solicitation and attempt will merge
Asking someone to commit a crime for you with intent that he does it

13. requirements for wiretap 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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Probable cause - people expected t obe heard - conversation timing
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.

14. consent exception
Must be voluntary and intelligent
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.
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.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

15. exclusionary rule
Do not require suppression of the evidence
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 occur within a year and a day
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.

16. 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
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. 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.
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

17. 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. 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. 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

18. malice
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Public welfare offenses and statutory rape
If D only gets possession by telling a lie

19. receit of stolen property
Still guilty but no longer guilty for future crimes that co cons. do
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
Must know it was stolen
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

20. exigent circumstances
Only to prevent kidnapping - rape - robbery or burglary
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Asusme risk that person you r speaking w/is a snich
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

21. exception to miranda
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. 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
Public safety
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

22. unreasonable mistake of fact
Making false writing or altering an existing instrument to defraud--forging a check
Defense to specific intent crimes
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 and malice and general intent crimes

23. when is it not larceny?
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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.
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 you intend to return it!

24. 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
Probable cause -- + particularity _ neutral magistrate
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
It is offense specific - applies with formal charges

25. ineffective assistance of counsel
But/for and so deficient behavior
Public welfare offenses and statutory rape
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

26. bail
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
Hold harmless standard- but iwll never apply to denial of counsel at trial
Decision immediately appealable

27. rape
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Sex without victims consent by force or threat of force or victim is unconscious
No need to retreat

28. what has no reasonable expectation of privacy
If you intend to return it!
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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.

29. 6th amendment right to counsel
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.
But/for and so deficient behavior
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
It is offense specific - applies with formal charges

30. exception to lesser included offense double jeapordy
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
Deadly force can be used only to prevent a crime dangerouns to human life
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.
If you try someone for criminal battery and victim then dies can be tried again for murder

31. insanity- irresistible impulse
If there is a concurrence issue
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.

32. when can you use deadly force AND be initial aggressor?
Only to prevent kidnapping - rape - robbery or burglary
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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 you effectively communicate foregonig aggression

33. lesser included offenses
Public safety
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Being tried for the lesser included offense precludes further trying for greater offense

34. inventory exception
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
'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
As long as reasonable and in their practice
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

35. larceny by trick
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Must be voluntary and intelligent
If D only gets possession by telling a lie
If there is a concurrence issue

36. people who do NOT have reasonable expectation of privacy
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
passengers in cars and individuals using solely for business premises.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is 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

37. how to withdraw plea
Must know it was stolen
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.
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
Moving a victim or concealing in secret

38. testimonial
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.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Physical stuff is not testimonial

39. specific intent crimes
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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.
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. 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.

40. attempt
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
As long as reasonable and in their practice

41. non deadly force
Can use if reasonably necessary to protect against immediate use of unlawful force
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
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

42. unreliable ear doctrine
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Asusme risk that person you r speaking w/is a snich
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

43. jury trial
6 person minimum - unanimity only required when 6 used
passengers in cars and individuals using solely for business premises.
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
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.

44. accomplice liability
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If there is a concurrence issue

45. merger
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Of lesser included offenses and solicitation and attempt will merge
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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

46. battery
Public welfare offenses and statutory rape
'throwing a punch'-- general intent crime
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

47. When failure to act will result in a crime
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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

48. separate sovereigns
'throwing a punch'-- general intent crime
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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

49. may illegally seized evidence be used
Only to impeach D's testimony
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

50. 5th amendment right to counsel
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
If you try someone for criminal battery and victim then dies can be tried again for murder
Only to impeach D's testimony

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