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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. same offense test
Decision immediately appealable
If each has an element the other does not that no double jeapordy
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.
Physical stuff is not testimonial

2. durham test

3. larceny
If there is a concurrence issue
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

4. embezzlement
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
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.
Misappropriation of property by one who was in lawful possession of the property at the time

5. 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
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.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
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. exceptions that permit retrial
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
Public safety
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
You get off without a trial

7. voluntary manslaighter
No defense to homicide
Committed with adequate provocation.
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
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

8. assault

9. NY deadly force in crime prevention
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
Only to prevent kidnapping - rape - robbery or burglary
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Asking someone to commit a crime for you with intent that he does it

10. specific intent crimes
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Must prove both that criminal design originated with police and D not disposed to commit 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
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

11. involuntary intoxication
Of lesser included offenses and solicitation and attempt will merge
Still guilty but no longer guilty for future crimes that co cons. do
Defense to any crime
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act

12. what has no reasonable expectation of privacy

13. particularity
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
Must know it was stolen

14. double jeapordy attaches when
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Defense to any crime
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

15. exception to lesser included offense double jeapordy
If you try someone for criminal battery and victim then dies can be tried again for murder
'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
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

16. death penalty

17. separate sovereigns
If each has an element the other does not that no double jeapordy
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
'throwing a punch'-- general intent crime
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

18. what are co conspirators liable for
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!
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
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Vicarious liability for any foreseeable crime in furtherance of conspiracy

19. kidnapping
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
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.
Hold harmless standard- but iwll never apply to denial of counsel at trial
Moving a victim or concealing in secret

20. when is it gov't conduct to fall in the 4th/
6 person minimum - unanimity only required when 6 used
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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

21. 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!
It is offense specific - applies with formal charges
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Being tried for the lesser included offense precludes further trying for greater offense

22. automobile exception
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!
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
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 kills under an unreasonable self defense he is guilty of manslaughter

23. challenges to ID procedures
passengers in cars and individuals using solely for business premises.
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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.
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine

24. knock and announce
But/for and so deficient behavior
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

25. exception to miranda
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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
Public safety
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

26. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Must be voluntary and intelligent
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
If each has an element the other does not that no double jeapordy

27. miranda warning
Hold harmless standard- but iwll never apply to denial of counsel at trial
Can use if reasonably necessary to protect against immediate use of unlawful force
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 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!

28. inventory exception
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
Defense to specific intent crimes
Of lesser included offenses and solicitation and attempt will merge

29. insanity- irresistible impulse

30. what if search was not valid
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.
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
Being tried for the lesser included offense precludes further trying for greater offense
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

31. people who MAY have a reasonable expectation of privacy
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.
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.
'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
Making false writing or altering an existing instrument to defraud--forging a check

32. imperfect self defense
If D kills under an unreasonable self defense he is guilty of manslaughter
Knowing and intelligent and voluntary
Can be a defense t oa specific intent crime.
Committed with adequate provocation.

33. merger
Of lesser included offenses and solicitation and attempt will merge
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
Probable cause -- + particularity _ neutral magistrate
Only to impeach D's testimony

34. burglary
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Knowing and intelligent and voluntary
Must know it was stolen
If you intend to return it!

35. special needs exception

36. type of consent
'throwing a punch'-- general intent crime
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests

37. uttering
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
If you effectively communicate foregonig aggression
Defense to any 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)

38. ineffective assistance of counsel
Sex without victims consent by force or threat of force or victim is unconscious
But/for and so deficient behavior
Decision immediately appealable
Can be a defense t oa specific intent crime.

39. robbery
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.
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Committed with adequate provocation.
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.

40. conspiracy
6 person minimum - unanimity only required when 6 used
Battery - rape - kidnapping - false imprisonment
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

41. may illegally seized evidence be used

42. is an accomplice's liability dependant on principle's liability?
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
Physical stuff is not testimonial
No
Less than probable cause-- need particularized facts that support suspicion.

43. larceny by trick
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 only gets possession by telling a lie
Must be voluntary and intelligent
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

44. search incident to arrest
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
Still guilty but no longer guilty for future crimes that co cons. do
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future

45. testimonial
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Physical stuff is not testimonial
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.
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

46. general intent
Battery - rape - kidnapping - false imprisonment
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.
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.
Asusme risk that person you r speaking w/is a snich

47. attempt
Decision immediately appealable
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

48. if all co conspirators are acquitted vefore you then
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
You get off without a trial
No defense to homicide
'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

49. insanity - mc naughten test
Knowing and intelligent and voluntary
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
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.

50. exceptions to fruit of poisonous tree