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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. 6th amendment right to counsel
It is offense specific - applies with formal charges
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
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)

2. when is it not larceny?
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. 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 you intend to return it!
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

3. unreasonable mistake of fact
Public welfare offenses and statutory rape
Defense to specific intent crimes
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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

4. reasonable mistake of fact
If there is a concurrence issue
Battery - rape - kidnapping - false imprisonment
Defense to specific intent and malice and general intent crimes
Must prove both that criminal design originated with police and D not disposed to commit crime.

5. durress
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
No defense to homicide
Hold harmless standard- but iwll never apply to denial of counsel at trial

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

7. imperfect self defense
If D kills under an unreasonable self defense he is guilty of manslaughter
Can use if reasonably necessary to protect against immediate use of unlawful force
Hold harmless standard- but iwll never apply to denial of counsel at trial
Misappropriation of property by one who was in lawful possession of the property at the time

8. automobile exception
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
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.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands

9. special needs exception

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10. continuing trespass
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. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
If there is a concurrence issue
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

11. bail
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
Defense to any crime
Decision immediately appealable
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

12. entrapment
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
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 prove both that criminal design originated with police and D not disposed to commit crime.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

13. 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
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
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.

14. insanity - mc naughten test
Probable cause - people expected t obe heard - conversation timing
Probable cause -- + particularity _ neutral magistrate
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
But/for and so deficient behavior

15. general intent
Must know it was stolen
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Battery - rape - kidnapping - false imprisonment
'throwing a punch'-- general intent crime

16. 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
If you effectively communicate foregonig aggression
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.

17. exception to miranda
Asking someone to commit a crime for you with intent that he does it
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Public safety

18. exclusionary rule
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.
If D kills under an unreasonable self defense he is guilty of manslaughter
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

19. who is not an accomplice
Still guilty but no longer guilty for future crimes that co cons. do
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Probable cause - people expected t obe heard - conversation timing
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

20. knock and announce
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

21. miranda warning
If you try someone for criminal battery and victim then dies can be tried again for murder
Probable cause -- + particularity _ neutral magistrate
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
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.

22. separate sovereigns
Being tried for the lesser included offense precludes further trying for greater offense
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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
Moving a victim or concealing in secret

23. terry frisk
No defense to homicide
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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.
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

24. same offense test
If each has an element the other does not that no double jeapordy
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 prove both that criminal design originated with police and D not disposed to commit crime.
But/for and so deficient behavior

25. valid warrant
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
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Probable cause -- + particularity _ neutral magistrate
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

26. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
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.
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

27. solicitation
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 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
Asking someone to commit a crime for you with intent that he does it

28. homicide
Must occur within a year and a day
Do not require suppression of the evidence
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Only to impeach D's testimony

29. is an accomplice's liability dependant on principle's liability?
Less than probable cause-- need particularized facts that support suspicion.
If you effectively communicate foregonig aggression
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
No

30. how to withdraw plea

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31. non deadly force
Public safety
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Can use if reasonably necessary to protect against immediate use of unlawful force

32. forgery
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
Making false writing or altering an existing instrument to defraud--forging a check
Asking someone to commit a crime for you with intent that he does it
You get off without a trial

33. durham test

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34. when is good faith not available
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony 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
Defense to any crime
Asking someone to commit a crime for you with intent that he does it

35. deadly force
Of lesser included offenses and solicitation and attempt will merge
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Only to impeach D's testimony
If there is a concurrence issue

36. kidnapping
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
Making false writing or altering an existing instrument to defraud--forging a check
Deadly force can be used only to prevent a crime dangerouns to human life
Moving a victim or concealing in secret

37. plain view exception
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Public welfare offenses and statutory rape

38. what are co conspirators liable for
Can be a defense t oa specific intent crime.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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
Defense to any crime

39. unreliable ear doctrine
Asusme risk that person you r speaking w/is a snich
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.
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
Can be a defense t oa specific intent crime.

40. larceny by trick
If D only gets possession by telling a lie
Less than probable cause-- need particularized facts that support suspicion.
No defense to homicide
If you try someone for criminal battery and victim then dies can be tried again for murder

41. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
If D kills under an unreasonable self defense he is guilty of manslaughter
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands

42. voluntary manslaighter
Defense to any crime
Committed with adequate provocation.
Asusme risk that person you r speaking w/is a snich
Less than probable cause-- need particularized facts that support suspicion.

43. probable cause

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44. exigent circumstances
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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

45. if you withdraw from conspiracy
Still guilty but no longer guilty for future crimes that co cons. do
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. 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. 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.

46. particularity
If D kills under an unreasonable self defense he is guilty of manslaughter
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 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
If there is a concurrence issue

47. involuntary intoxication
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Defense to specific intent crimes
Defense to any crime
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

48. violations of knock and announce
Do not require suppression of the evidence
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
Battery - rape - kidnapping - false imprisonment
Sex without victims consent by force or threat of force or victim is unconscious

49. who has reasonable expectation of privacy?
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Defense to specific intent crimes
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

50. attempt
Probable cause -- + particularity _ neutral magistrate
If you try someone for criminal battery and victim then dies can be tried again for murder
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder