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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.
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. insanity - mc naughten test
No need to retreat
It is offense specific - applies with formal charges
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Can use if reasonably necessary to protect against immediate use of unlawful force

2. type of consent
Making false writing or altering an existing instrument to defraud--forging a check
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 occur within a year and a day
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

3. accomplice liability
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
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
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
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

4. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Must know it was stolen
Misappropriation of property by one who was in lawful possession of the property at the time

5. common law murder
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Knowing and intelligent and voluntary
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

6. what are co conspirators liable for
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Decision immediately appealable
Defense to specific intent crimes
It is offense specific - applies with formal charges

7. insanity- irresistible impulse

8. kidnapping
Public safety
passengers in cars and individuals using solely for business premises.
Moving a victim or concealing in secret
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

9. people who MAY have a reasonable expectation of privacy
If each has an element the other does not that no double jeapordy
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.
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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.

10. When failure to act will result in a crime
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. 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.
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
Must know it was stolen

11. infancy
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Physical stuff is not testimonial

12. terry stop
6 person minimum - unanimity only required when 6 used
Committed with adequate provocation.
Battery - rape - kidnapping - false imprisonment
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

13. non deadly force
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. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Can use if reasonably necessary to protect against immediate use of unlawful force
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

14. what has no reasonable expectation of privacy

15. if all co conspirators are acquitted vefore you then
You get off without a trial
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
No
If you effectively communicate foregonig aggression

16. what is interrogation
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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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

17. what if search was not valid
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
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
Defense to specific intent crimes
Sex without victims consent by force or threat of force or victim is unconscious

18. homicide
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
If D only gets possession by telling a lie
Must occur within a year and a day
It is offense specific - applies with formal charges

19. if you withdraw from conspiracy
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
It is offense specific - applies with formal charges
Still guilty but no longer guilty for future crimes that co cons. do
Asking someone to commit a crime for you with intent that he does it

20. unreasonable mistake of fact
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Must know it was stolen
Defense to specific intent crimes
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

21. malice
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
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.
Public safety

22. solicitation
Asking someone to commit a crime for you with intent that he does it
If D only gets possession by telling a lie
If each has an element the other does not that no double jeapordy
It is offense specific - applies with formal charges

23. separate sovereigns
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.
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

24. when can you use deadly force AND be initial aggressor?
Must occur within a year and a day
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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

25. unreliable ear doctrine
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Misappropriation of property by one who was in lawful possession of the property at the time
Must be voluntary and intelligent
Asusme risk that person you r speaking w/is a snich

26. valid warrant
If you try someone for criminal battery and victim then dies can be tried again for murder
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.
Probable cause -- + particularity _ neutral magistrate
Being tried for the lesser included offense precludes further trying for greater offense

27. who is not an accomplice
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
If you effectively communicate foregonig aggression
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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

28. knock and announce
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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
No need to retreat
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

29. retreat?
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
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
6 person minimum - unanimity only required when 6 used
No need to retreat

30. what must judge establish during plea
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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 be voluntary and intelligent
Defense to specific intent and malice and general intent crimes

31. merger
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 prove both that criminal design originated with police and D not disposed to commit crime.
Of lesser included offenses and solicitation and attempt will merge
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

32. double jeapordy attaches when
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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.
Broadest- D's act caused by mental illness - product of mental illness. also called product test

33. involuntary manslaughter
Moving a victim or concealing in secret
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

34. deadly force
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
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 D only gets possession by telling a lie

35. durham test

36. is an accomplice's liability dependant on principle's liability?
No
Deadly force can be used only to prevent a crime dangerouns to human life
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

37. receit of stolen property
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. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Defense to any crime
Must know it was stolen

38. bail
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.
Do not require suppression of the evidence
If you intend to return it!
Decision immediately appealable

39. how to withdraw plea

40. involuntary intoxication
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Defense to any crime
Only to impeach D's testimony
Defense to specific intent crimes

41. exceptions to fruit of poisonous tree

42. ineffective assistance of counsel
Can be a defense t oa specific intent crime.
As long as reasonable and in their practice
passengers in cars and individuals using solely for business premises.
But/for and so deficient behavior

43. exception to lesser included offense double jeapordy
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
If you try someone for criminal battery and victim then dies can be tried again for murder
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

44. violations of knock and announce
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. 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
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.
Do not require suppression of the evidence

45. NY deadly force in crime prevention
Can use if reasonably necessary to protect against immediate use of unlawful force
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.
Only to prevent kidnapping - rape - robbery or burglary
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

46. robbery
Only to prevent kidnapping - rape - robbery or burglary
'throwing a punch'-- general intent crime
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
If there is a concurrence issue

47. voluntary intoxication
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Can be a defense t oa specific intent crime.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Physical stuff is not testimonial

48. rape
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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.
Sex without victims consent by force or threat of force or victim is unconscious
If each has an element the other does not that no double jeapordy

49. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
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
If there is a concurrence issue

50. voluntary manslaighter
No defense to homicide
Only to impeach D's testimony
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Committed with adequate provocation.