Criminal Law and Procedure Flashcards

Under New York law, which of the following is required to establish accomplice liability?

Answer: The accomplice must share the mental state required for the offense

Accomplice liability in New York requires that the accomplice intentionally aid the principal in the criminal act while sharing the mental state required for the crime charged.

In New York, a person is guilty of attempted murder when they:

Answer: Intend to kill another person and engage in conduct that tends to effect the commission of such killing

New York attempted murder requires the intent to kill (not merely to cause serious injury) and conduct that constitutes a substantial step toward completing the killing.

The exclusionary rule generally does not apply to which of the following proceedings?

Answer: Both B and C

The exclusionary rule does not apply to grand jury proceedings or sentencing hearings because the deterrence rationale that justifies the rule is diminished in those contexts.

Under Terry v. Ohio, a police officer may stop and briefly detain a person based on:

Answer: Reasonable articulable suspicion of criminal activity

Terry stops are justified by reasonable articulable suspicion—specific, objective facts that criminal activity may be afoot, which is a lower standard than probable cause.

New York's 'extreme emotional disturbance' defense, if successful, reduces a charge of murder to:

Answer: First-degree manslaughter

In New York, extreme emotional disturbance is an affirmative defense that, if proven, reduces intentional murder to first-degree manslaughter.

A defendant in New York is charged with burglary. First-degree burglary in New York requires that the building entered was a:

Answer: Dwelling

First-degree burglary in New York requires that the unlawful entry or remaining was in a dwelling, making home invasions the most serious form of burglary.