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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. if you withdraw from conspiracy
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.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
If you intend to return it!
Still guilty but no longer guilty for future crimes that co cons. do

2. insanity - mc naughten test
Probable cause -- + particularity _ neutral magistrate
If D only gets possession by telling a lie
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

3. common law murder
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
passengers in cars and individuals using solely for business premises.
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
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

4. unreasonable mistake of fact
Defense to specific intent crimes
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
If each has an element the other does not that no double jeapordy
Must prove both that criminal design originated with police and D not disposed to commit crime.

5. general intent
If D kills under an unreasonable self defense he is guilty of manslaughter
Public safety
If D only gets possession by telling a lie
Battery - rape - kidnapping - false imprisonment

6. exception to miranda
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
If D kills under an unreasonable self defense he is guilty of manslaughter
Deadly force can be used only to prevent a crime dangerouns to human life
Public safety

7. what are co conspirators liable for
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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.

8. is an accomplice's liability dependant on principle's liability?
Misappropriation of property by one who was in lawful possession of the property at the time
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. 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
No

9. who is not an accomplice
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
'throwing a punch'-- general intent crime
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Still guilty but no longer guilty for future crimes that co cons. do

10. when is good faith not available
Probable cause - people expected t obe heard - conversation timing
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
Must occur within a year and a day
No

11. double jeapordy attaches when
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
Must know it was stolen
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

12. when are you seized

13. consent exception
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.
If D only gets possession by telling a lie
Must be voluntary and intelligent
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

14. what is reasonable suspicion
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.
Defense to specific intent crimes
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Less than probable cause-- need particularized facts that support suspicion.

15. when is it not larceny?
Misappropriation of property by one who was in lawful possession of the property at the time
If you intend to return it!
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

16. miranda waiver
Knowing and intelligent and voluntary
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
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

17. burglary
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.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Defense to any crime

18. withdrawal of accomplice liability
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 D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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

19. terry stop
Making false writing or altering an existing instrument to defraud--forging a check
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

20. requirements for wiretap warrant
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Physical stuff is not testimonial
Probable cause - people expected t obe heard - conversation timing
You get off without a trial

21. deadly force
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
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
Hold harmless standard- but iwll never apply to denial of counsel at trial
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

22. reasonable mistake of fact
Public welfare offenses and statutory rape
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.
As long as reasonable and in their practice
Defense to specific intent and malice and general intent crimes

23. 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
Probable cause -- + particularity _ neutral magistrate
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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

24. terry frisk
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.
Can use if reasonably necessary to protect against immediate use of unlawful force
Must occur within a year and a day
Broadest- D's act caused by mental illness - product of mental illness. also called product test

25. voluntary manslaighter
passengers in cars and individuals using solely for business premises.
Public safety
Probable cause - people expected t obe heard - conversation timing
Committed with adequate provocation.

26. durham test

27. limitations on felony murder
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. 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
But/for and so deficient behavior
If each has an element the other does not that no double jeapordy

28. homicide
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Do not require suppression of the evidence
Must occur within a year and a day
Can use if reasonably necessary to protect against immediate use of unlawful force

29. special needs exception

30. people who do NOT have reasonable expectation of privacy
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
passengers in cars and individuals using solely for business premises.

31. search incident to arrest
Still guilty but no longer guilty for future crimes that co cons. do
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
If you intend to return it!
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

32. forgery
Making false writing or altering an existing instrument to defraud--forging a check
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
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

33. death penalty

34. bail
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
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Deadly force can be used only to prevent a crime dangerouns to human life
Decision immediately appealable

35. may illegally seized evidence be used

36. merger
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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
Of lesser included offenses and solicitation and attempt will merge
If you intend to return it!

37. larceny
Hold harmless standard- but iwll never apply to denial of counsel at trial
Still guilty but no longer guilty for future crimes that co cons. do
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Defense to specific intent and malice and general intent crimes

38. testimonial
If you try someone for criminal battery and victim then dies can be tried again for murder
Committed with adequate provocation.
Physical stuff is not testimonial
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

39. what if search was not valid
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
If you intend to return it!
Defense to specific intent crimes

40. receit of stolen property
Probable cause -- + particularity _ neutral magistrate
No need to retreat
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
Must know it was stolen

41. involuntary manslaughter
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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.
Asusme risk that person you r speaking w/is a snich
Probable cause - people expected t obe heard - conversation timing

42. inventory exception
Only to prevent kidnapping - rape - robbery or burglary
As long as reasonable and in their practice
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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.

43. uttering
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.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

44. kidnapping
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Moving a victim or concealing in secret
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Sex without victims consent by force or threat of force or victim is unconscious

45. automobile exception
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
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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.
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. specific intent crimes
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Battery - rape - kidnapping - false imprisonment
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
Defense to any crime

47. same offense test
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. duty created by statute or 2. by contract or 3. status (spouses or parent/child) 4. voluntary assumption of care 5. creation of peril
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
If each has an element the other does not that no double jeapordy

48. larceny by trick
If D only gets possession by telling a lie
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Decision immediately appealable
Can be a defense t oa specific intent crime.

49. 6th amendment right to counsel
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
It is offense specific - applies with formal charges

50. durress
Vicarious liability for any foreseeable crime in furtherance of conspiracy
No defense to homicide
Must know it was stolen
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