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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. what if it is erroneously included anyway
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
Hold harmless standard- but iwll never apply to denial of counsel at trial
Must be voluntary and intelligent
Vicarious liability for any foreseeable crime in furtherance of conspiracy

2. unreasonable mistake of fact
Defense to specific intent crimes
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

3. knock and announce
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Probable cause -- + particularity _ neutral magistrate
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Must know it was stolen

4. when is it not larceny?
If D kills under an unreasonable self defense he is guilty of manslaughter
If D only gets possession by telling a lie
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 you intend to return it!

5. conspiracy
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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

6. probable cause

7. general intent
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Battery - rape - kidnapping - false imprisonment
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Decision immediately appealable

8. larceny
It is offense specific - applies with formal charges
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police

9. continuing trespass
If there is a concurrence issue
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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
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

10. 6th amendment right to counsel
It is offense specific - applies with formal charges
Do not require suppression of the evidence
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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

11. when is it gov't conduct to fall in the 4th/
Probable cause -- + particularity _ neutral magistrate
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Physical stuff is not testimonial

12. exceptions to fruit of poisonous tree

13. insanity- irresistible impulse

14. limitations on felony murder
If you try someone for criminal battery and victim then dies can be tried again for murder
Must be voluntary and intelligent
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
You get off without a trial

15. battery

16. what are co conspirators liable for
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.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
If you intend to return it!
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

17. terry frisk
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.
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.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

18. specific intent crimes
Only to impeach D's testimony
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Asking someone to commit a crime for you with intent that he does it
Defense to specific intent and malice and general intent crimes

19. imperfect self defense
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.
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
If D kills under an unreasonable self defense he is guilty of manslaughter
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

20. homicide
If D only gets possession by telling a lie
Public welfare offenses and statutory rape
Must occur within a year and a day
passengers in cars and individuals using solely for business premises.

21. double jeapordy attaches when
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.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Making false writing or altering an existing instrument to defraud--forging a check
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

22. how to withdraw plea

23. people who MAY have a reasonable expectation of privacy
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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

24. embezzlement
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
It is offense specific - applies with formal charges
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

25. when is good faith not available
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
If D kills under an unreasonable self defense he is guilty of manslaughter
You get off without a trial

26. challenges to ID procedures
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.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
Defense to any crime

27. what if search was not valid
Making false writing or altering an existing instrument to defraud--forging a check
If D only gets possession by telling a lie
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

28. consent exception
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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.
Must be voluntary and intelligent

29. What is not voluntary

30. exigent circumstances
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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. 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. 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

31. special needs exception

32. exceptions that permit retrial
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
If D kills under an unreasonable self defense he is guilty of manslaughter
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

33. solicitation
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Less than probable cause-- need particularized facts that support suspicion.
Asking someone to commit a crime for you with intent that he does it

34. what is reasonable suspicion
Less than probable cause-- need particularized facts that support suspicion.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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 prove both that criminal design originated with police and D not disposed to commit crime.

35. ineffective assistance of counsel
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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.
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.
But/for and so deficient behavior

36. involuntary manslaughter
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
Must prove both that criminal design originated with police and D not disposed to commit crime.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

37. NY deadly force in crime prevention
Committed with adequate provocation.
As long as reasonable and in their practice
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Only to prevent kidnapping - rape - robbery or burglary

38. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
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.

39. accomplice liability
Being tried for the lesser included offense precludes further trying for greater offense
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
6 person minimum - unanimity only required when 6 used

40. robbery
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Asusme risk that person you r speaking w/is a snich
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

41. receit of stolen property
No
Must know it was stolen
6 person minimum - unanimity only required when 6 used
Being tried for the lesser included offense precludes further trying for greater offense

42. arson

43. separate sovereigns
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
passengers in cars and individuals using solely for business premises.
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
If you try someone for criminal battery and victim then dies can be tried again for murder

44. attempt
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
If D only gets possession by telling a lie
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

45. automobile exception
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
Decision immediately appealable
Hold harmless standard- but iwll never apply to denial of counsel at trial
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.

46. who has reasonable expectation of privacy?
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Only to impeach D's testimony
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

47. may illegally seized evidence be used

48. lesser included offenses
Asking someone to commit a crime for you with intent that he does it
Public safety
Being tried for the lesser included offense precludes further trying for greater offense
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

49. if all co conspirators are acquitted vefore you then
No defense to homicide
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
You get off without a trial
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

50. valid warrant
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Knowing and intelligent and voluntary
Less than probable cause-- need particularized facts that support suspicion.
Probable cause -- + particularity _ neutral magistrate