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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. what must judge establish during plea
But/for and so deficient behavior
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. 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.
Sex without victims consent by force or threat of force or victim is unconscious

2. imperfect self defense
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.
If you effectively communicate foregonig aggression
If D kills under an unreasonable self defense he is guilty of manslaughter
Must know it was stolen

3. retreat?
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
You get off without a trial
Of lesser included offenses and solicitation and attempt will merge
No need to retreat

4. special needs exception

5. crime prevention
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
Deadly force can be used only to prevent a crime dangerouns to human life
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

6. battery

7. jury trial
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.
6 person minimum - unanimity only required when 6 used
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.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

8. embezzlement
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
Misappropriation of property by one who was in lawful possession of the property at the time
Vicarious liability for any foreseeable crime in furtherance of conspiracy

9. search incident to arrest
If D kills under an unreasonable self defense he is guilty of manslaughter
Battery - rape - kidnapping - false imprisonment
You get off without a trial
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

10. 5th amendment right to counsel
'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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Still guilty but no longer guilty for future crimes that co cons. do

11. knock and announce
Broadest- D's act caused by mental illness - product of mental illness. also called product test
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Public safety

12. limitations on felony murder
Sex without victims consent by force or threat of force or victim is unconscious
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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

13. particularity
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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
Still guilty but no longer guilty for future crimes that co cons. do

14. non deadly force
Asusme risk that person you r speaking w/is a snich
Can use if reasonably necessary to protect against immediate use of unlawful force
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Defense to any crime

15. NY deadly force in crime prevention
Committed with adequate provocation.
Asusme risk that person you r speaking w/is a snich
Only to prevent kidnapping - rape - robbery or burglary
Deadly force can be used only to prevent a crime dangerouns to human life

16. terry frisk
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

17. voluntary manslaighter
Decision immediately appealable
If you intend to return it!
Committed with adequate provocation.
Making false writing or altering an existing instrument to defraud--forging a check

18. merger
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Committed with adequate provocation.
Of lesser included offenses and solicitation and attempt will merge

19. miranda waiver
'throwing a punch'-- general intent crime
If D kills under an unreasonable self defense he is guilty of manslaughter
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Knowing and intelligent and voluntary

20. violations of knock and announce
Do not require suppression of the evidence
'throwing a punch'-- general intent crime
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Making false writing or altering an existing instrument to defraud--forging a check

21. exception to lesser included offense double jeapordy
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!
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If you try someone for criminal battery and victim then dies can be tried again for murder

22. involuntary intoxication
Less than probable cause-- need particularized facts that support suspicion.
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.
Defense to any 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

23. how to withdraw plea

24. infancy
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
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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

25. 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
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!
Physical stuff is not testimonial
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

26. exclusionary rule
If each has an element the other does not that no double jeapordy
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
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
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.

27. reasonable mistake of fact
Defense to specific intent crimes
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Defense to specific intent and malice and general intent crimes
Public safety

28. plain view exception
6 person minimum - unanimity only required when 6 used
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
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.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

29. what is interrogation
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Only to impeach D's testimony
Probable cause - people expected t obe heard - conversation timing
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands

30. durham test

31. receit of stolen property
Must know it was stolen
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
As long as reasonable and in their practice
Can use if reasonably necessary to protect against immediate use of unlawful force

32. kidnapping
Moving a victim or concealing in secret
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

33. 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
Public safety
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

34. false pretenses
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
Public welfare offenses and statutory rape
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.

35. attempt
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
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
6 person minimum - unanimity only required when 6 used

36. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
But/for and so deficient behavior
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Physical stuff is not testimonial

37. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
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.
It is offense specific - applies with formal charges
No defense to homicide

38. people who do NOT have reasonable expectation of privacy
Asking someone to commit a crime for you with intent that he does it
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
passengers in cars and individuals using solely for business premises.
Battery - rape - kidnapping - false imprisonment

39. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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
Defense to any crime
No defense to homicide

40. continuing trespass
Must be voluntary and intelligent
'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
If there is a concurrence issue
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

41. terry stop
Of lesser included offenses and solicitation and attempt will merge
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
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

42. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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
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.

43. 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
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
But/for and so deficient behavior
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

44. arson

45. may illegally seized evidence be used

46. larceny by trick
If D only gets possession by telling a lie
6 person minimum - unanimity only required when 6 used
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
'throwing a punch'-- general intent crime

47. rape
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
Must occur within a year and a day
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Sex without victims consent by force or threat of force or victim is unconscious

48. assault

49. who has reasonable expectation of privacy?
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
But/for and so deficient behavior
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

50. when can you use deadly force AND be initial aggressor?
Defense to specific intent and malice and general intent crimes
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If there is a concurrence issue
If you effectively communicate foregonig aggression