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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.
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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. exception to lesser included offense double jeapordy
Physical stuff is not testimonial
If you try someone for criminal battery and victim then dies can be tried again for murder
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.

2. unreliable ear doctrine
Only to impeach D's testimony
Sex without victims consent by force or threat of force or victim is unconscious
Asusme risk that person you r speaking w/is a snich
Must be voluntary and intelligent

3. when can you use deadly force AND be initial aggressor?
Hold harmless standard- but iwll never apply to denial of counsel at trial
If you effectively communicate foregonig aggression
Probable cause -- + particularity _ neutral magistrate
If there is a concurrence issue

4. is an accomplice's liability dependant on principle's liability?
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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
No

5. involuntary intoxication
Do not require suppression of the evidence
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Sex without victims consent by force or threat of force or victim is unconscious
Defense to any crime

6. non deadly force
Knowing and intelligent and voluntary
Making false writing or altering an existing instrument to defraud--forging a check
Can use if reasonably necessary to protect against immediate use of unlawful force
No need to retreat

7. when are you seized

8. double jeapordy attaches when
Still guilty but no longer guilty for future crimes that co cons. do
Only to impeach D's testimony
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

9. voluntary manslaighter
Committed with adequate provocation.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

10. assault

11. durress
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
If there is a concurrence issue
No defense to homicide
Must know it was stolen

12. 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)
Misappropriation of property by one who was in lawful possession of the property at the time
But/for and so deficient behavior
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

13. 6th amendment right to counsel
Moving a victim or concealing in secret
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.
It is offense specific - applies with formal charges
Decision immediately appealable

14. automobile exception
If you effectively communicate foregonig aggression
If you intend to return 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.
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

15. separate sovereigns
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Moving a victim or concealing in secret
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
Committed with adequate provocation.

16. valid warrant
Probable cause -- + particularity _ neutral magistrate
Of lesser included offenses and solicitation and attempt will merge
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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

17. exclusionary rule
passengers in cars and individuals using solely for business premises.
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.
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.

18. inventory exception
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
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
As long as reasonable and in their practice

19. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
No
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

20. MPC test
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. 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
Defense to specific intent and malice and general intent crimes

21. who is not an accomplice
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Public welfare offenses and statutory rape
Defense to specific intent crimes

22. 5th amendment right to counsel
Decision immediately appealable
Must be voluntary and intelligent
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

23. terry stop
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable 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
No

24. deadly force
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
Knowing and intelligent and voluntary
It is offense specific - applies with formal charges

25. jury trial
6 person minimum - unanimity only required when 6 used
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.
Only to impeach D's testimony
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.

26. what has no reasonable expectation of privacy

27. same offense test
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
No need to retreat

28. common law murder
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
If there is a concurrence issue
Asking someone to commit a crime for you with intent that he does it
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

29. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Public welfare offenses and statutory rape
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
'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

30. attempt
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Public welfare offenses and statutory rape
Hold harmless standard- but iwll never apply to denial of counsel at trial
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

31. exceptions to fruit of poisonous tree

32. When failure to act will result in a crime
Physical stuff is not 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
'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

33. malice
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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
It is offense specific - applies with formal charges
Probable cause - people expected t obe heard - conversation timing

34. special needs exception

35. requirements for wiretap warrant
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Probable cause - people expected t obe heard - conversation timing
But/for and so deficient behavior

36. who has reasonable expectation of privacy?
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Of lesser included offenses and solicitation and attempt will merge
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Sex without victims consent by force or threat of force or victim is unconscious

37. exigent circumstances
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Defense to specific intent and malice and general intent crimes
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Defense to any crime

38. strict liability
Public welfare offenses and statutory rape
'throwing a punch'-- general intent crime
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police

39. search incident to arrest
Do not require suppression of the evidence
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.
Can be a defense t oa specific intent 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

40. when is good faith not available
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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. 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. 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

41. entrapment
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Must prove both that criminal design originated with police and D not disposed to commit crime.
Battery - rape - kidnapping - false imprisonment

42. kidnapping
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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

43. forgery
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Making false writing or altering an existing instrument to defraud--forging a check

44. terry frisk
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.
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Being tried for the lesser included offense precludes further trying for greater offense
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.

45. retreat?
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
No need to retreat
Hold harmless standard- but iwll never apply to denial of counsel at trial
As long as reasonable and in their practice

46. what must judge establish during plea
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Asking someone to commit a crime for you with intent that he does it
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.

47. ineffective assistance of counsel
Defense to any crime
But/for and so deficient behavior
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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

48. 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.
'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
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

49. may illegally seized evidence be used

50. embezzlement
If each has an element the other does not that no double jeapordy
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
Misappropriation of property by one who was in lawful possession of the property at the time
Only to impeach D's testimony