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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. exceptions that permit retrial
Sex without victims consent by force or threat of force or victim is unconscious
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. owners of premises being searched - 2. residents who might or might not be woners of premises being searched 3. overnight guests
'throwing a punch'-- general intent crime

2. burglary
Only to impeach D's testimony
Can be a defense t oa specific intent crime.
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

3. plain view exception
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
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
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

4. larceny
Being tried for the lesser included offense precludes further trying for greater offense
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
It is offense specific - applies with formal charges
Carrying away of PERSONAL property. specific intent. without permission (look at who has possession and not title).

5. if all co conspirators are acquitted vefore you then
'throwing a punch'-- general intent crime
Asking someone to commit a crime for you with intent that he does it
Independent source doctrine; inevitable discovery doctrine; intervening act of D's free will; attenuation doctrine
You get off without a trial

6. inventory exception
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
If D is unable to control his actions or unable to conform conduct to requirements of the law; can't control actions
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
As long as reasonable and in their practice

7. testimonial
Only to impeach D's testimony
Physical stuff is not testimonial
If each has an element the other does not that no double jeapordy
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive

8. assault

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9. involuntary intoxication
Defense to any 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
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

10. homicide
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
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 occur within a year and a day
Assault - first degree premeditated murder - larceny - embezzlement - false pretenses - robbery - forgery - burglary - solicitation - conspiracy - attempt

11. what is interrogation
If you effectively communicate foregonig aggression
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder
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.
Any conduct the police knew or should have known designed to illicit an incriminating response. but a spontaneous utterance does not implicate mirands

12. entrapment
passengers in cars and individuals using solely for business premises.
Must prove both that criminal design originated with police and D not disposed to commit crime.
If you effectively communicate foregonig aggression
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.

13. embezzlement
If you try someone for criminal battery and victim then dies can be tried again for murder
Misappropriation of property by one who was in lawful possession of the property at the time
If D kills under an unreasonable self defense he is guilty of manslaughter
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

14. general intent
Asking someone to commit a crime for you with intent that he does it
Battery - rape - kidnapping - false imprisonment
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
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

15. requirements for wiretap warrant
Probable cause - people expected t obe heard - conversation timing
Battery - rape - kidnapping - false imprisonment
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. 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.

16. special needs exception

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17. separate sovereigns
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
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
Breaking an entering dwelling of another at night with intent to commit a felony inside. specific intent. LOOK FOR CONCURRENCE and nigth time!
Making false writing or altering an existing instrument to defraud--forging a check

18. violations of knock and announce
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Do not require suppression of the evidence
If you intend to return it!
Less than probable cause-- need particularized facts that support suspicion.

19. unreasonable mistake of fact
Can use if reasonably necessary to protect against immediate use of unlawful force
Defense to specific intent crimes
passengers in cars and individuals using solely for business premises.
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.

20. what are co conspirators liable for
Less than probable cause-- need particularized facts that support suspicion.
Can use if reasonably necessary to protect against immediate use of unlawful force
Vicarious liability for any foreseeable crime in furtherance of conspiracy
Must prove both that criminal design originated with police and D not disposed to commit crime.

21. robbery
If D kills under an unreasonable self defense he is guilty of manslaughter
Larceny from another person by force or threat of immediate injury. force is not picking a pocket! threat cannot be future
As long as reasonable and in their practice
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime

22. arson

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23. consent exception
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.
Must be voluntary and intelligent
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.

24. crime prevention
If D only gets possession by telling a lie
Misappropriation of property by one who was in lawful possession of the property at the time
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.

25. solicitation
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Asking someone to commit a crime for you with intent that he does it
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police

26. infancy
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
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Under age 7 cannot be prosecuted for a crime. between 7 and 14 rebuttable presumption against prosecution. over 14 no problem

27. who is not an accomplice
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.
Still guilty but no longer guilty for future crimes that co cons. do
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
Must occur within a year and a day

28. NY deadly force in crime prevention
Defense to any crime
Physical stuff is not testimonial
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.
Only to prevent kidnapping - rape - robbery or burglary

29. terry frisk
Probable cause - people expected t obe heard - conversation timing
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.
Of lesser included offenses and solicitation and attempt will merge
Being tried for the lesser included offense precludes further trying for greater offense

30. insanity - mc naughten test
B/c of mental disease or defect - either did not know act was wrong or did not understand nature and quality of act
Never for property. threat must be of death or serious injury. D must be without dault and NOT initial aggresor
Must know it was stolen
Actual or apparent. apparent- when officers reasonably believe based on totality of circumstances that party has authority to consent.

31. is an accomplice's liability dependant on principle's liability?
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
Physical stuff is not testimonial
No
Must prove both that criminal design originated with police and D not disposed to commit crime.

32. particularity
Can use if reasonably necessary to protect against immediate use of unlawful force
Must be voluntary and intelligent
Mere presence and knowlege doesnt make you an accomplice. or member of a protected class.
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

33. non deadly force
1. not product of actor's volition. 2. actor is sleepwalking or unconscious or 3. movenet is reflexive
passengers in cars and individuals using solely for business premises.
Being tried for the lesser included offense precludes further trying for greater offense
Can use if reasonably necessary to protect against immediate use of unlawful force

34. ineffective assistance of counsel
But/for and so deficient behavior
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
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.
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police

35. rape
Less than probable cause-- need particularized facts that support suspicion.
Moving a victim or concealing in secret
Sex without victims consent by force or threat of force or victim is unconscious
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.

36. exigent circumstances
If you try someone for criminal battery and victim then dies can be tried again for murder
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)
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

37. voluntary intoxication
Agreement peopleween TWO or more people to commit a crime plus an overt act in preparation of that crime
Can be a defense t oa specific intent 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
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

38. when is it not larceny?
If you intend to return it!
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. 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.
Knowing and intelligent and voluntary

39. challenges to ID procedures
No defense to homicide
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.
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.
'throwing a punch'-- general intent crime

40. jury trial
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 occur within a year and a day
6 person minimum - unanimity only required when 6 used
If you intend to return it!

41. common law murder
Committed with criminal negligence or during a crime that is not a felony murder--misdemeanor manslaughter like falling asleep at the wheel
Can be a defense t oa specific intent crime.
'GO AWAy SPEEDILY OR SUFFER PLENTY OF PAIN'-- garbage - account records - voice - open fields - handwriting - public airspace - odoers - pain scrapings
Malice mental state. 1. intent to kill. 2. intent to do serious bodily harm. 3 .extreme reckless behavior. 4 .felony murder

42. conspiracy
Vicarious liability for any foreseeable crime in furtherance of conspiracy
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.
Brief detention or seizure for purpose of investigating suspicious conduct if based on reasonable suspicion

43. what must judge establish during plea
Must occur within a year and a day
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
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.

44. if you withdraw from conspiracy
Malicious birning of ANOTHER's building. something must actualyl get burned. does NOT need to be a dwelling
Still guilty but no longer guilty for future crimes that co cons. do
Conduct that gets DANGEROUSLY close to commission of a crime. specific intent.
Vicarious liability for any foreseeable crime in furtherance of conspiracy

45. automobile exception
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
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
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. when can you use deadly force AND be initial aggressor?
Vicarious liability for any foreseeable crime in furtherance of conspiracy
If you effectively communicate foregonig aggression
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Offering as genuine an instrument that is false with intent to defraud -- handing over the check. (once check is cashed this is false pretenses)

47. MPC test
D lacked substantial capacity to either aprpeciate the criminality of his conduct or conform to the required law
Publicly paid police officers; private citizens acting at direction of cops; privately paid officers deputizied with power to arrest like university police
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.
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

48. double jeapordy attaches when
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.
Intentionally committing a crime w/ reckless disregard of an obvious risk-- murder or arson
Trial by jury- when jury sworn in. bench trial- first witness sworn in. does NOT apply to civil proceedings.
If each has an element the other does not that no double jeapordy

49. 6th amendment right to counsel
It is offense specific - applies with formal charges
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 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
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.

50. limitations on felony murder
Moving a victim or concealing in secret
Committed with adequate provocation.
Making false writing or altering an existing instrument to defraud--forging a check
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