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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. infancy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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 D only gets possession by telling a lie
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

2. terry stop
If D kills under an unreasonable self defense he is guilty of manslaughter
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
If each has an element the other does not that no double jeapordy
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

3. if all co conspirators are acquitted vefore you then
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
No defense to homicide
You get off without a trial
If D only gets possession by telling a lie

4. 5th amendment right to counsel
Must be voluntary and intelligent
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

5. non deadly force
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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
Can use if reasonably necessary to protect against immediate use of unlawful force
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

6. same offense test
'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
Must prove both that criminal design originated with police and D not disposed to commit crime.
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 each has an element the other does not that no double jeapordy

7. assault
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Battery - rape - kidnapping - false imprisonment
'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
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

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

9. valid warrant
Probable cause -- + particularity _ neutral magistrate
If there is a concurrence issue
But/for and so deficient behavior
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

10. miranda waiver
Do not require suppression of the evidence
Knowing and intelligent and voluntary
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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.

11. malice
Probable cause -- + particularity _ neutral magistrate
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
No need to retreat

12. false pretenses
'throwing a punch'-- general intent crime
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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.
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

13. exigent circumstances
Must prove both that criminal design originated with police and D not disposed to commit crime.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Decision immediately appealable
Do not require suppression of the evidence

14. deadly force
If you try someone for criminal battery and victim then dies can be tried again for murder
As long as reasonable and in their practice
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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!

15. receit of stolen property
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Must know it was stolen
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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.

16. arson
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Less than probable cause-- need particularized facts that support suspicion.
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
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

17. 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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Being tried for the lesser included offense precludes further trying for greater offense
Committed with adequate provocation.

18. insanity - mc naughten test
You get off without a trial
Battery - rape - kidnapping - false imprisonment
Vicarious liability for any foreseeable crime in furtherance of conspiracy
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

19. conspiracy
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Asking someone to commit a crime for you with intent that he does it
Knowing and intelligent and voluntary
But/for and so deficient behavior

20. if you withdraw from conspiracy
Can be a defense t oa specific intent crime.
Still guilty but no longer guilty for future crimes that co cons. do
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.
Asking someone to commit a crime for you with intent that he does it

21. plain view exception
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Probable cause -- + particularity _ neutral magistrate
passengers in cars and individuals using solely for business premises.

22. kidnapping
Moving a victim or concealing in secret
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
'throwing a punch'-- general intent crime
Only to prevent kidnapping - rape - robbery or burglary

23. reasonable mistake of fact
Defense to specific intent crimes
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 be voluntary and intelligent
Defense to specific intent and malice and general intent crimes

24. homicide
If D only gets possession by telling a lie
Do not require suppression of the evidence
Must occur within a year and a day
Still guilty but no longer guilty for future crimes that co cons. do

25. rape
Less than probable cause-- need particularized facts that support suspicion.
Do not require suppression of the evidence
Making false writing or altering an existing instrument to defraud--forging a check
Sex without victims consent by force or threat of force or victim is unconscious

26. MPC test
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
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

27. insanity- irresistible impulse
No defense to homicide
Moving a victim or concealing in secret
No
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions

28. violations of knock and announce
Do not require suppression of the evidence
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
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
Only to prevent kidnapping - rape - robbery or burglary

29. general intent
Of lesser included offenses and solicitation and attempt will merge
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Moving a victim or concealing in secret
Battery - rape - kidnapping - false imprisonment

30. uttering
Must prove both that criminal design originated with police and D not disposed to commit crime.
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Only to impeach D's testimony
Hold harmless standard- but iwll never apply to denial of counsel at trial

31. what if it is erroneously included anyway
Hold harmless standard- but iwll never apply to denial of counsel at trial
Must be voluntary and intelligent
Asking someone to commit a crime for you with intent that he does it
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

32. terry frisk
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
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.
Asking someone to commit a crime for you with intent that he does it
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

33. exception to lesser included offense double jeapordy
Can be a defense t oa specific intent crime.
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
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
If you try someone for criminal battery and victim then dies can be tried again for murder

34. lesser included offenses
Being tried for the lesser included offense precludes further trying for greater offense
Defense to any crime
Only to prevent kidnapping - rape - robbery or burglary
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.

35. double jeapordy attaches when
Probable cause - people expected t obe heard - conversation timing
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Defense to specific intent crimes
Only to impeach D's testimony

36. withdrawal of accomplice liability
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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.
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!
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

37. involuntary intoxication
Public welfare offenses and statutory rape
Defense to any crime
If you intend to return it!
Defense to specific intent and malice and general intent crimes

38. unreliable ear doctrine
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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
But/for and so deficient behavior
Asusme risk that person you r speaking w/is a snich

39. battery
It is offense specific - applies with formal charges
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Public welfare offenses and statutory rape
'throwing a punch'-- general intent crime

40. what is interrogation
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

41. limitations on felony murder
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Physical stuff is not testimonial
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. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

42. 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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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
Vicarious liability for any foreseeable crime in furtherance of conspiracy

43. what has no reasonable expectation of privacy
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!
If you intend to return it!
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

44. when are you seized
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 you effectively communicate foregonig aggression
Can be a defense t oa specific intent crime.
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. special needs exception
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
'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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
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

46. testimonial
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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.
Physical stuff is not testimonial
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

47. robbery
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
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.
You get off without a trial
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

48. durress
No defense to homicide
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Defense to specific intent and malice and general intent crimes
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.

49. probable cause
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Moving a victim or concealing in secret
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
You get off without a trial

50. requirements for wiretap warrant
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Decision immediately appealable
Probable cause - people expected t obe heard - conversation timing
Still guilty but no longer guilty for future crimes that co cons. do

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