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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. search incident to arrest
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

2. NY deadly force in crime prevention
Still guilty but no longer guilty for future crimes that co cons. do
Only to prevent kidnapping - rape - robbery or burglary
Defense to specific intent crimes
Only to impeach D's testimony

3. retreat?
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that 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
No need to retreat
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

4. MPC test
No need to retreat
Can be a defense t oa specific intent crime.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Asusme risk that person you r speaking w/is a snich

5. what must judge establish during plea
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
Defense to any crime
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.
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

6. forgery
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.
No need to retreat
Making false writing or altering an existing instrument to defraud--forging a check

7. inventory exception
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
If you effectively communicate foregonig aggression
Deadly force can be used only to prevent a crime dangerouns to human life
As long as reasonable and in their practice

8. miranda waiver
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Knowing and intelligent and voluntary
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Defense to any crime

9. durress
No defense to homicide
If each has an element the other does not that no double jeapordy
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

10. when can you use deadly force AND be initial aggressor?
If you effectively communicate foregonig aggression
Must prove both that criminal design originated with police and D not disposed to commit crime.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

11. receit of stolen property
Being tried for the lesser included offense precludes further trying for greater offense
Deadly force can be used only to prevent a crime dangerouns to human life
Must know it was stolen
Asking someone to commit a crime for you with intent that he does it

12. double jeapordy attaches when
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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.
Deadly force can be used only to prevent a crime dangerouns to human life
If each has an element the other does not that no double jeapordy

13. deadly force
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
If you effectively communicate foregonig aggression
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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.

14. robbery
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Must occur within a year and a day
Probable cause -- + particularity _ neutral magistrate

15. testimonial
Knowing and intelligent and voluntary
Physical stuff is not testimonial
Must prove both that criminal design originated with police and D not disposed to commit crime.
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

16. arson

17. exclusionary rule
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.
Making false writing or altering an existing instrument to defraud--forging a check
Moving a victim or concealing in secret
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

18. solicitation
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Making false writing or altering an existing instrument to defraud--forging a check
Asking someone to commit a crime for you with intent that he does it
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

19. larceny by trick
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
If D only gets possession by telling a lie
Committed with adequate provocation.

20. attempt
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

21. assault

22. insanity- irresistible impulse

23. battery

24. jury trial
No
6 person minimum - unanimity only required when 6 used
Of lesser included offenses and solicitation and attempt will merge
Must occur within a year and a day

25. challenges to ID procedures
Knowing and intelligent and voluntary
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
No
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. unreliable ear doctrine
'throwing a punch'-- general intent crime
Hold harmless standard- but iwll never apply to denial of counsel at trial
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Asusme risk that person you r speaking w/is a snich

27. automobile exception
'throwing a punch'-- general intent crime
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
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.

28. what if search was not valid
Deadly force can be used only to prevent a crime dangerouns to human life
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
You get off without a trial
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

29. consent exception
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 be voluntary and intelligent
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

30. false pretenses
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Can be a defense t oa specific intent crime.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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.

31. same offense test
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Can use if reasonably necessary to protect against immediate use of unlawful force
If you intend to return it!
If each has an element the other does not that no double jeapordy

32. 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
'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
If there is a concurrence issue

33. what is reasonable suspicion
Less than probable cause-- need particularized facts that support 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
Must be voluntary and intelligent
Broadest- D's act caused by mental illness - product of mental illness. also called product test

34. entrapment
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.
Asking someone to commit a crime for you with intent that he does it
Must prove both that criminal design originated with police and D not disposed to commit crime.
Defense to specific intent crimes

35. merger
Of lesser included offenses and solicitation and attempt will merge
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.
Probable cause - people expected t obe heard - conversation timing
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

36. may illegally seized evidence be used

37. crime prevention
Knowing and intelligent and voluntary
Deadly force can be used only to prevent a crime dangerouns to human life
No defense to homicide
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

38. terry frisk
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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
Must know it was stolen

39. infancy
Still guilty but no longer guilty for future crimes that co cons. do
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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.

40. common law murder
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.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

41. special needs exception

42. when is it gov't conduct to fall in the 4th/
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
Must prove both that criminal design originated with police and D not disposed to commit crime.
'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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police

43. bail
Moving a victim or concealing in secret
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Decision immediately appealable
Public welfare offenses and statutory rape

44. people who MAY have a reasonable expectation of privacy
Probable cause - people expected t obe heard - conversation timing
Defense to any crime
No
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.

45. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

46. strict liability
Probable cause -- + particularity _ neutral magistrate
Public welfare offenses and statutory rape
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.
Making false writing or altering an existing instrument to defraud--forging a check

47. if you withdraw from conspiracy
Probable cause - people expected t obe heard - conversation timing
Defense to any 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
Still guilty but no longer guilty for future crimes that co cons. do

48. homicide
Knowing and intelligent and voluntary
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
If you intend to return it!
Must occur within a year and a day

49. how to withdraw plea

50. embezzlement
If each has an element the other does not that no double jeapordy
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Misappropriation of property by one who was in lawful possession of the property at the time