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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. exception to miranda
Public welfare offenses and statutory rape
Public safety
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

2. general intent
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
Probable cause - people expected t obe heard - conversation timing
Battery - rape - kidnapping - false imprisonment
Only to impeach D's testimony

3. accomplice liability
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
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.
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
Do not require suppression of the evidence

4. solicitation
If you intend to return it!
Committed with adequate provocation.
Asking someone to commit a crime for you with intent that he does it
Public welfare offenses and statutory rape

5. death penalty

6. when is it not larceny?
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that 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.
If you intend to return it!
Must know it was stolen

7. durress
Do not require suppression of the evidence
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Broadest- D's act caused by mental illness - product of mental illness. also called product test
No defense to homicide

8. challenges to ID procedures
Defense to specific intent crimes
Of lesser included offenses and solicitation and attempt will merge
Knowing and intelligent and voluntary
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.

9. particularity
If you effectively communicate foregonig aggression
If D only gets possession by telling a lie
Only to prevent kidnapping - rape - robbery or burglary
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

10. non deadly force
Can use if reasonably necessary to protect against immediate use of unlawful force
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
No defense to homicide
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

11. durham test

12. is an accomplice's liability dependant on principle's liability?
'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
No
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.

13. specific intent crimes
Do not require suppression of the evidence
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.

14. infancy
Can be a defense t oa specific intent crime.
Being tried for the lesser included offense precludes further trying for greater offense
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson

15. 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
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.
Must be voluntary and intelligent
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

16. retreat?
Making false writing or altering an existing instrument to defraud--forging a check
No need to retreat
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
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings

17. exigent circumstances
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
passengers in cars and individuals using solely for business premises.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)

18. terry frisk
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
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.
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

19. valid warrant
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
Probable cause -- + particularity _ neutral magistrate
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Battery - rape - kidnapping - false imprisonment

20. deadly force
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
No
Moving a victim or concealing in secret
Can be a defense t oa specific intent crime.

21. what if search was not valid
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
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
Defense to specific intent crimes

22. exceptions that permit retrial
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
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. duty created by statute or 2. by contract or 3. status (spouses or parent/child) 4. voluntary assumption of care 5. creation of peril
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.

23. voluntary intoxication
Can be a defense t oa specific intent crime.
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
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

24. terry stop
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion
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
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.

25. larceny
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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.
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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

26. limitations on felony murder
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
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
If you intend to return it!
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.

27. 5th amendment right to counsel
Probable cause -- + particularity _ neutral magistrate
Defense to any crime
No need to retreat
Once assert the right no further interrogation unless he says he i want to talk . it is not offense specific . scrupulously honor

28. embezzlement
6 person minimum - unanimity only required when 6 used
Misappropriation of property by one who was in lawful possession of the property at the time
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
Being tried for the lesser included offense precludes further trying for greater offense

29. exception to lesser included offense double jeapordy
passengers in cars and individuals using solely for business premises.
Still guilty but no longer guilty for future crimes that co cons. do
If you try someone for criminal battery and victim then dies can be tried again for murder
Can use if reasonably necessary to protect against immediate use of unlawful force

30. larceny by trick
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
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
If D only gets possession by telling a lie

31. lesser included offenses
Being tried for the lesser included offense precludes further trying for greater offense
Public safety
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
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

32. robbery
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).
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
Committed with adequate provocation.

33. if all co conspirators are acquitted vefore you then
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
You get off without a trial
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Less than probable cause-- need particularized facts that support suspicion.

34. battery

35. type of consent
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Public welfare offenses and statutory rape
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

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

37. if you withdraw from conspiracy
Still guilty but no longer guilty for future crimes that co cons. do
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Physical stuff is not testimonial
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

38. When failure to act will result in a crime
1. evanescent evidence or 2. hot pursuit of fleeing felon (15 min time frame)
Must occur within a year and a day
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
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor

39. what is interrogation
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands
Battery - rape - kidnapping - false imprisonment
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Being tried for the lesser included offense precludes further trying for greater offense

40. bail
'throwing a punch'-- general intent crime
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
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
Decision immediately appealable

41. entrapment
If D kills under an unreasonable self defense he is guilty of manslaughter
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
Must prove both that criminal design originated with police and D not disposed to commit crime.
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

42. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
If each has an element the other does not that no double jeapordy
Can use if reasonably necessary to protect against immediate use of unlawful force
If you try someone for criminal battery and victim then dies can be tried again for murder

43. testimonial
passengers in cars and individuals using solely for business premises.
Only to impeach D's testimony
Physical stuff is not testimonial
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

44. who is not an accomplice
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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

45. what is reasonable suspicion
Misappropriation of property by one who was in lawful possession of the property at the time
Less than probable cause-- need particularized facts that support suspicion.
Physical stuff is not testimonial
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!

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.
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
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt
Vicarious liability for any foreseeable crime in furtherance of conspiracy

47. voluntary manslaighter
Public welfare offenses and statutory rape
Committed with adequate provocation.
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

48. what if it is erroneously included anyway
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Hold harmless standard- but iwll never apply to denial of counsel at trial
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
Required unless reasonable belief that doing so would be dangerous - futile or otherwise inhibit the investigation.

49. double jeapordy attaches when
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.

50. people who MAY have a reasonable expectation of privacy
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.
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
If D kills under an unreasonable self defense he is guilty of manslaughter