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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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1. bail
Decision immediately appealable
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Hold harmless standard- but iwll never apply to denial of counsel at trial

2. when is it gov't conduct to fall in the 4th/
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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!
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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

3. people who do NOT have reasonable expectation of privacy
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
passengers in cars and individuals using solely for business premises.

4. limitations on felony murder
Public welfare offenses and statutory rape
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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

5. imperfect self defense
6 person minimum - unanimity only required when 6 used
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
If D kills under an unreasonable self defense he is guilty of manslaughter
Misappropriation of property by one who was in lawful possession of the property at the time

6. knock and announce
If you try someone for criminal battery and victim then dies can be tried again for murder
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Public safety
No

7. what is reasonable suspicion
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
But/for and so deficient behavior
Less than probable cause-- need particularized facts that support suspicion.
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

8. kidnapping
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Moving a victim or concealing in secret
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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

9. durham test
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
'throwing a punch'-- general intent crime
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Deadly force can be used only to prevent a crime dangerouns to human life

10. 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.
Public welfare offenses and statutory rape
Moving a victim or concealing in secret
Must be voluntary and intelligent

11. robbery
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
If each has an element the other does not that no double jeapordy
'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
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

12. unreliable ear doctrine
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Can be a defense t oa specific intent crime.
Asusme risk that person you r speaking w/is a snich

13. rape
Decision immediately appealable
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
6 person minimum - unanimity only required when 6 used

14. plain view exception
As long as reasonable and in their practice
Of lesser included offenses and solicitation and attempt will merge
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
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.

15. search incident to arrest
Must prove both that criminal design originated with police and D not disposed to commit crime.
Misappropriation of property by one who was in lawful possession of the property at the time
Committed with adequate provocation.
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

16. MPC test
Defense to any crime
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Public safety
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

17. when is it not larceny?
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.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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!
If you intend to return it!

18. common law murder
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

19. what is interrogation
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Can use if reasonably necessary to protect against immediate use of unlawful force

20. entrapment
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 prove both that criminal design originated with police and D not disposed to commit crime.
Less than probable cause-- need particularized facts that support suspicion.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

21. death penalty
Physical stuff is not testimonial
Probable cause -- + particularity _ neutral magistrate
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
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.

22. non deadly force
Can use if reasonably necessary to protect against immediate use of unlawful force
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Public welfare offenses and statutory rape
Less than probable cause-- need particularized facts that support suspicion.

23. lesser included offenses
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Being tried for the lesser included offense precludes further trying for greater offense
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
'throwing a punch'-- general intent crime

24. attempt
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
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

25. general intent
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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.
Battery - rape - kidnapping - false imprisonment
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

26. double jeapordy attaches when
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Sex without victims consent by force or threat of force or victim is unconscious

27. exception to lesser included offense double jeapordy
If there is a concurrence issue
If you try someone for criminal battery and victim then dies can be tried again for murder
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
Hold harmless standard- but iwll never apply to denial of counsel at trial

28. retreat?
Of lesser included offenses and solicitation and attempt will merge
No need to retreat
Still guilty but no longer guilty for future crimes that co cons. do
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

29. what has no reasonable expectation of privacy
No need to retreat
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
Must be voluntary and intelligent
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

30. unreasonable mistake of fact
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. 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.
Defense to specific intent crimes
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

31. jury trial
Must know it was stolen
Probable cause -- + particularity _ neutral magistrate
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
6 person minimum - unanimity only required when 6 used

32. what if it is erroneously included anyway
Moving a victim or concealing in secret
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.
Hold harmless standard- but iwll never apply to denial of counsel at trial
Physical stuff is not testimonial

33. testimonial
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Probable cause - people expected t obe heard - conversation timing
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.

34. how to withdraw plea
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. 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
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
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

35. What is not voluntary
But/for and so deficient behavior
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Defense to specific intent and malice and general intent crimes
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.

36. special needs exception
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. 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
Can use if reasonably necessary to protect against immediate use of unlawful force
'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

37. accomplice liability
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.
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.
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.

38. continuing trespass
If there is a concurrence issue
Asking someone to commit a crime for you with intent that he does it
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

39. embezzlement
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 any crime
Sex without victims consent by force or threat of force or victim is unconscious
Misappropriation of property by one who was in lawful possession of the property at the time

40. durress
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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
No defense to homicide
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

41. assault
Committed with adequate provocation.
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
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

42. crime prevention
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.
No
Deadly force can be used only to prevent a crime dangerouns to human life
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

43. insanity- irresistible impulse
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
passengers in cars and individuals using solely for business premises.
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 is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

44. infancy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Committed with adequate provocation.
Do not require suppression of the evidence

45. battery
If you intend to return it!
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
'throwing a punch'-- general intent crime
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

46. who has reasonable expectation of privacy?
Sex without victims consent by force or threat of force or victim is unconscious
Battery - rape - kidnapping - false imprisonment
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

47. burglary
Probable cause - people expected t obe heard - conversation timing
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
It is offense specific - applies with formal charges

48. people who MAY have a reasonable expectation of privacy
Physical stuff is not 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.
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.

49. 6th amendment right to counsel
Asusme risk that person you r speaking w/is a snich
Must prove both that criminal design originated with police and D not disposed to commit crime.
'throwing a punch'-- general intent crime
It is offense specific - applies with formal charges

50. larceny
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 know it was stolen
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Deadly force can be used only to prevent a crime dangerouns to human life

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