Criminal 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. non deadly force
No need to retreat
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Can use if reasonably necessary to protect against immediate use of unlawful force
Defense to any crime


2. When failure to act will result in a crime
'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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
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
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)


3. insanity- irresistible impulse

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4. exigent circumstances
Asusme risk that person you r speaking w/is a snich
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Committed with adequate provocation.


5. what must judge establish during plea
No need to retreat
Broadest- D's act caused by mental illness - product of mental illness. also called product test
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. 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.


6. terry stop
Sex without victims consent by force or threat of force or victim is unconscious
Deadly force can be used only to prevent a crime dangerouns to human life
Defense to any crime
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion


7. continuing trespass
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
If there is a concurrence issue
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Do not require suppression of the evidence


8. burglary
No defense to homicide
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
But/for and so deficient behavior
Knowing and intelligent and voluntary


9. knock and announce
Only to prevent kidnapping - rape - robbery or burglary
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Broadest- D's act caused by mental illness - product of mental illness. also called product test
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


10. strict liability
If you effectively communicate foregonig aggression
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Public welfare offenses and statutory rape
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


11. receit of stolen property
Of lesser included offenses and solicitation and attempt will merge
Must know it was stolen
Defense to specific intent and malice and general intent crimes
Decision immediately appealable


12. insanity - mc naughten test
Probable cause -- + particularity _ neutral magistrate
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Sex without victims consent by force or threat of force or victim is unconscious
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act


13. what are co conspirators liable for
Do not require suppression of the evidence
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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


14. when is it not larceny?
Making false writing or altering an existing instrument to defraud--forging a check
If you effectively communicate foregonig aggression
Defense to specific intent and malice and general intent crimes
If you intend to return it!


15. violations of knock and announce
Must be voluntary and intelligent
Moving a victim or concealing in secret
Do not require suppression of the evidence
Physical stuff is not testimonial


16. unreasonable mistake of fact
Defense to specific intent crimes
Sex without victims consent by force or threat of force or victim is unconscious
Defense to any crime
No need to retreat


17. forgery
Making false writing or altering an existing instrument to defraud--forging a check
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Do not require suppression of the evidence
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling


18. exclusionary rule
Only to impeach D's testimony
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.
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Sex without victims consent by force or threat of force or victim is unconscious


19. lesser included offenses
Broadest- D's act caused by mental illness - product of mental illness. also called product test
passengers in cars and individuals using solely for business premises.
If D kills under an unreasonable self defense he is guilty of manslaughter
Being tried for the lesser included offense precludes further trying for greater offense


20. when can you use deadly force AND be initial aggressor?
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
If you effectively communicate foregonig aggression
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future


21. battery

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22. people who do NOT have reasonable expectation of privacy
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
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
passengers in cars and individuals using solely for business premises.
Knowing and intelligent and voluntary


23. miranda warning
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Must occur within a year and a day
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
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


24. exceptions that permit retrial
Making false writing or altering an existing instrument to defraud--forging a check
Defense to any crime
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
But/for and so deficient behavior


25. crime prevention
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
Probable cause -- + particularity _ neutral magistrate
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion


26. NY deadly force in crime prevention
Probable cause -- + particularity _ neutral magistrate
If each has an element the other does not that no double jeapordy
Being tried for the lesser included offense precludes further trying for greater offense
Only to prevent kidnapping - rape - robbery or burglary


27. MPC test
Asusme risk that person you r speaking w/is a snich
Decision immediately appealable
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands


28. may illegally seized evidence be used

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29. double jeapordy attaches when
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.
Battery - rape - kidnapping - false imprisonment
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings


30. challenges to ID procedures
Only to impeach D's testimony
Battery - rape - kidnapping - false imprisonment
Probable cause - people expected t obe heard - conversation timing
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.


31. common law murder
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. 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
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


32. if you withdraw from conspiracy
Still guilty but no longer guilty for future crimes that co cons. do
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.
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


33. voluntary intoxication
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Must occur within a year and a day
Hold harmless standard- but iwll never apply to denial of counsel at trial
Can be a defense t oa specific intent crime.


34. specific intent crimes
Public welfare offenses and statutory rape
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Defense to specific intent and malice and general intent crimes
If each has an element the other does not that no double jeapordy


35. when are you seized

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36. larceny by trick
If D only gets possession by telling a lie
'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
Public safety
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law


37. solicitation
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
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Asking someone to commit a crime for you with intent that he does it


38. automobile exception
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
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
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.
But/for and so deficient behavior


39. death penalty

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40. who has reasonable expectation of privacy?
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)
Public safety
1. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
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


41. consent exception
Must be voluntary and intelligent
Do not require suppression of the evidence
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel


42. same offense test
Decision immediately appealable
If each has an element the other does not that no double jeapordy
Only to prevent kidnapping - rape - robbery or burglary
Battery - rape - kidnapping - false imprisonment


43. inventory exception
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
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
As long as reasonable and in their practice
Knowing and intelligent and voluntary


44. withdrawal of accomplice liability
Only to impeach D's testimony
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
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


45. what if search was not valid
Asusme risk that person you r speaking w/is a snich
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. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
Moving a victim or concealing in secret


46. false pretenses
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 is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
If you effectively communicate foregonig aggression


47. robbery
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
passengers in cars and individuals using solely for business premises.


48. who is not an accomplice
As long as reasonable and in their practice
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
'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
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.


49. rape
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
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
Sex without victims consent by force or threat of force or victim is unconscious
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.


50. reasonable mistake of fact
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
Sex without victims consent by force or threat of force or victim is unconscious
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.
Defense to specific intent and malice and general intent crimes