Test your basic knowledge |

Criminal Law

Subject : law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. jury trial
Must prove both that criminal design originated with police and D not disposed to commit crime.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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
6 person minimum - unanimity only required when 6 used

2. same offense test
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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.
Must occur within a year and a day
If each has an element the other does not that no double jeapordy

3. infancy
If you try someone for criminal battery and victim then dies can be tried again for murder
Probable cause -- + particularity _ neutral magistrate
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

4. 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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Only to prevent kidnapping - rape - robbery or burglary
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling

5. battery

6. 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.
Must be voluntary and intelligent
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Defense to any crime

7. what is reasonable suspicion
Of lesser included offenses and solicitation and attempt will merge
Misappropriation of property by one who was in lawful possession of the property at the time
No
Less than probable cause-- need particularized facts that support suspicion.

8. homicide
Must know it was stolen
Must occur within a year and a day
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.
Only to impeach D's testimony

9. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
No
Must prove both that criminal design originated with police and D not disposed to commit crime.
Deadly force can be used only to prevent a crime dangerouns to human life

10. type of consent
6 person minimum - unanimity only required when 6 used
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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

11. What is not voluntary

12. crime prevention
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
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

13. robbery
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
passengers in cars and individuals using solely for business premises.
Must know it was stolen
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

14. who has reasonable expectation of privacy?
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
Physical stuff is not testimonial
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

15. MPC test
Committed with adequate provocation.
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
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law

16. testimonial
Less than probable cause-- need particularized facts that support suspicion.
Only to prevent kidnapping - rape - robbery or burglary
Can be a defense t oa specific intent crime.
Physical stuff is not testimonial

17. exception to miranda
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.
Public safety
No
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

18. non deadly force
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.
Can use if reasonably necessary to protect against immediate use of unlawful force
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

19. inventory 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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
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.
As long as reasonable and in their practice

20. miranda warning
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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
No defense to homicide
Physical stuff is not testimonial

21. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Public welfare offenses and statutory rape
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

22. what if it is erroneously included anyway
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
Hold harmless standard- but iwll never apply to denial of counsel at trial
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

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

24. kidnapping
Moving a victim or concealing in secret
Less than probable cause-- need particularized facts that support suspicion.
Can use if reasonably necessary to protect against immediate use of unlawful force
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

25. forgery
Physical stuff is not testimonial
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
Broadest- D's act caused by mental illness - product of mental illness. also called product test

26. people who MAY have a reasonable expectation of privacy
'throwing a punch'-- general intent crime
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. 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
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

27. separate sovereigns
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Still guilty but no longer guilty for future crimes that co cons. do
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
No need to retreat

28. continuing trespass
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.
If there is a concurrence issue
If you effectively communicate foregonig aggression

29. conspiracy
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Battery - rape - kidnapping - false imprisonment
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

30. requirements for wiretap warrant
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Probable cause - people expected t obe heard - conversation timing
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Can use if reasonably necessary to protect against immediate use of unlawful force

31. involuntary intoxication
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Must occur within a year and a day
Defense to any crime
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

32. when is it not larceny?
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.
Probable cause -- + particularity _ neutral magistrate
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 intend to return it!

33. violations of knock and announce
Of lesser included offenses and solicitation and attempt will merge
Do not require suppression of the evidence
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.
If there is a concurrence issue

34. strict liability
Public welfare offenses and statutory rape
Defense to any crime
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

35. 5th amendment right to counsel
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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
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
Decision immediately appealable

36. withdrawal of accomplice liability
If each has an element the other does not that no double jeapordy
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor
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!

37. insanity- irresistible impulse

38. particularity
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If you intend to return it!
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
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.

39. miranda waiver
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
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
Knowing and intelligent and voluntary
Can be a defense t oa specific intent crime.

40. what are co conspirators liable for
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

41. exclusionary rule
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.
Can be a defense t oa specific intent crime.
Defense to specific intent crimes
Do not require suppression of the evidence

42. consent exception
Must be voluntary and intelligent
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
If you intend to return it!
Hold harmless standard- but iwll never apply to denial of counsel at trial

43. false pretenses
Deadly force can be used only to prevent a crime dangerouns to human life
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.
Must prove both that criminal design originated with police and D not disposed to commit crime.
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.

44. automobile exception
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.
Public safety
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.
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel

45. what must judge establish during plea
Being tried for the lesser included offense precludes further trying for greater offense
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.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
If you effectively communicate foregonig aggression

46. lesser included offenses
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Knowing and intelligent and voluntary
Being tried for the lesser included offense precludes further trying for greater offense
Can be a defense t oa specific intent crime.

47. embezzlement
Must know it was stolen
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Misappropriation of property by one who was in lawful possession of the property at the time
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

48. if all co conspirators are acquitted vefore you then
Only to prevent kidnapping - rape - robbery or burglary
Defense to specific intent and malice and general intent crimes
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
You get off without a trial

49. may illegally seized evidence be used

50. rape
Sex without victims consent by force or threat of force or victim is unconscious
But/for and so deficient behavior
Can use if reasonably necessary to protect against immediate use of unlawful force
Asking someone to commit a crime for you with intent that he does it