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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. retreat?
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
No need to retreat
It is offense specific - applies with formal charges
Only to impeach D's testimony

2. arson

3. people who MAY have a reasonable expectation of privacy
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.
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
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.

4. what if it is erroneously included anyway
Asking someone to commit a crime for you with intent that he does it
If you effectively communicate foregonig aggression
Hold harmless standard- but iwll never apply to denial of counsel at trial
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.

5. embezzlement
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.
Making false writing or altering an existing instrument to defraud--forging a check
Misappropriation of property by one who was in lawful possession of the property at the time
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

6. kidnapping
Making false writing or altering an existing instrument to defraud--forging a check
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Defense to specific intent and malice and general intent crimes
Moving a victim or concealing in secret

7. durham test

8. withdrawal of 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
No
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
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!

9. when is it not larceny?
If there is a concurrence issue
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
If you intend to return it!

10. insanity - mc naughten test
Only to impeach D's testimony
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. 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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

11. infancy
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

12. general intent
Battery - rape - kidnapping - false imprisonment
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Deadly force can be used only to prevent a crime dangerouns to human life
Only to impeach D's testimony

13. 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
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.
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

14. death penalty

15. plain view exception
Probable cause - people expected t obe heard - conversation timing
You get off without a trial
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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

16. forgery
No defense to homicide
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
Making false writing or altering an existing instrument to defraud--forging a check
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

17. solicitation
Probable cause -- + particularity _ neutral magistrate
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.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Asking someone to commit a crime for you with intent that he does it

18. who has reasonable expectation of privacy?
Decision immediately appealable
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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
'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

19. voluntary manslaighter
Moving a victim or concealing in secret
Asking someone to commit a crime for you with intent that he does it
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Committed with adequate provocation.

20. NY deadly force in crime prevention
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Decision immediately appealable
Only to prevent kidnapping - rape - robbery or burglary
Committed with adequate provocation.

21. if you withdraw from conspiracy
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.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Still guilty but no longer guilty for future crimes that co cons. do
Broadest- D's act caused by mental illness - product of mental illness. also called product test

22. burglary
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Being tried for the lesser included offense precludes further trying for greater offense
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.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

23. if all co conspirators are acquitted vefore you then
Must know it was stolen
Misappropriation of property by one who was in lawful possession of the property at the time
You get off without a trial
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.

24. reasonable mistake of fact
Defense to any crime
Less than probable cause-- need particularized facts that support suspicion.
Defense to specific intent and malice and general intent crimes
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

25. challenges to ID procedures
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
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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.
No

26. when is good faith not available
If you try someone for criminal battery and victim then dies can be tried again for murder
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
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy

27. insanity- irresistible impulse

28. robbery
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

29. may illegally seized evidence be used

30. what is reasonable suspicion
As long as reasonable and in their practice
Less than probable cause-- need particularized facts that support suspicion.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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

31. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
If you intend to return it!
Public welfare offenses and statutory rape
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

32. voluntary intoxication
As long as reasonable and in their practice
Still guilty but no longer guilty for future crimes that co cons. do
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

33. When failure to act will result in a 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
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Can be a defense t oa specific intent crime.

34. accomplice liability
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. 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.
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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

35. automobile exception
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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.
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

36. crime prevention
Making false writing or altering an existing instrument to defraud--forging a check
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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
Deadly force can be used only to prevent a crime dangerouns to human life

37. same offense test
Being tried for the lesser included offense precludes further trying for greater offense
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.
If each has an element the other does not that no double jeapordy

38. when can you use deadly force AND be initial aggressor?
If you effectively communicate foregonig aggression
'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
Only to impeach D's testimony
Moving a victim or concealing in secret

39. violations of knock and announce
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
If each has an element the other does not that no double jeapordy
Do not require suppression of the evidence
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

40. 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.
No defense to homicide
But/for and so deficient behavior

41. exceptions that permit retrial
If there is a concurrence issue
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
passengers in cars and individuals using solely for business premises.

42. rape
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. 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
Sex without victims consent by force or threat of force or victim is unconscious
Battery - rape - kidnapping - false imprisonment

43. attempt
It is offense specific - applies with formal charges
Asusme risk that person you r speaking w/is a snich
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Asking someone to commit a crime for you with intent that he does it

44. is an accomplice's liability dependant on principle's 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
No
Probable cause - people expected t obe heard - conversation timing
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

45. search incident to arrest
Public safety
It is offense specific - applies with formal charges
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
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

46. particularity
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.
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
Physical stuff is not testimonial
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

47. exigent circumstances
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Moving a victim or concealing in secret
Committed with adequate provocation.
Deadly force can be used only to prevent a crime dangerouns to human life

48. type of consent
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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

49. unreasonable mistake of fact
Deadly force can be used only to prevent a crime dangerouns to human life
Hold harmless standard- but iwll never apply to denial of counsel at trial
Defense to specific intent crimes
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands

50. bail
Decision immediately appealable
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
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Do not require suppression of the evidence