Penal Law Flashcards
Which of the following is not a DEADLY WEAPON?
A: Billy
B: Blackjack
C: Bludgeon
D: Metal Knuckles Knife
C: Bludgeon
All of the following circumstances, with one exception, would constitute a SERIOUS PHYSICAL INJURY as defined in the Penal Law. The exception is
A: death.
B: protracted impairment of health.
C: impairment of physical condition.
D: serious and protracted disfigurement.
C: impairment of physical condition.
A petty offense is an offense for which a sentence to a term of imprisonment in excess of 15 days cannot be imposed.
A: TRUE
B: FALSE
B: FALSE
A felony means any offense for which a sentence to a term of imprisonment in excess of one year may be imposed.
A: TRUE
B: FALSE
A: TRUE
A misdemeanor means an offense for which a sentence to a term of imprisonment in excess of 15 days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.
A: TRUE
B: FALSE
B: FALSE “Other than a traffic infraction”
A crime means a felony or a misdemeanor.
A: TRUE
B: FALSE
A: TRUE
A .38 caliber pistol is a deadly weapon.
A: TRUE
B: FALSE
B: FALSE
A ballpoint pen, if used to gouge out a person’s eye, would be a deadly weapon.
A: TRUE
B: FALSE
B: FALSE
John was driving his new car at a highly excessive rate of speed in a school zone. It was 2:45 PM and he knew that school children would be leaving the school building. He did not slow down. Suddenly a young student, crossing at an intersection, appeared in front of the automobile. John was unable to stop the vehicle before it struck and seriously injured the child. John acted with criminal negligence.
A: TRUE
B: FALSE
B: FALSE “He acted Recklessly”
A cane sword is a deadly weapon.
A: TRUE
B: FALSE
B: FALSE
A billy is a deadly weapon.
A: TRUE
B: FALSE
A: TRUE
A physical injury could be caused by inflicting substantial pain
A: TRUE
B: FALSE
A: TRUE
Thomas was repairing a broken water pipe under the sidewalk in front of his residence. To reach the broken pipe he dug a hole approximately 3 feet wide and 4 feet deep. Thomas was still working on the pipe when it began to get dark and he decided to stop working until the following morning. He made no effort to cover the hole or to post a warning that it existed. At about 8:00 PM Mrs. Murphy, a neighbor of Thomas, while walking on the sidewalk, fell into the hole and suffered a serious physical injury. Thomas acted with criminal negligence.
A: TRUE
B: FALSE
A: TRUE
A snowmobile, as defined in the parks and recreation law, is a vehicle.
A: TRUE
B: FALSE
A: TRUE
Person, where appropriate, means a private corporation
A: TRUE
B: FALSE
A: TRUE
The term “possesses” is limited to actual physical possession
A: TRUE
B: FALSE
B: FALSE
Which of the following statements is not correct according to the Penal Law?
A: A police officer may use deadly physical force when necessary to capture any arsonist.
B: A homeowner may, if necessary, use deadly physical force to terminate a burglary in his dwelling.
C: A female may use deadly physical force to prevent the commission of sexual abuse.
D: Police and civilians generally have the same authority to use deadly physical force to prevent some offenses.
C: A female may use deadly physical force to prevent the commission of sexual abuse.
A civilian may not use deadly physical force to make an arrest in which of the following instances?
A: Murder
B: Forcible Rape
C: Manslaughter 1st Degree
D: Assault with a Deadly Weapon
D: Assault with a Deadly Weapon
In attempting to arrest for an offense, a police officer may, according to the Penal Law, use deadly physical force when the offense is:
A: Burglary, Assault, Kidnapping, Escape 1st Degree.
B: Larceny, Burglary 1st Degree, Arson.
C: Burglary 1st Degree, Arson, Kidnapping, Escape 1st Degree
D: Criminal Trespass, Arson, Robbery, Kidnapping.
C: Burglary 1st Degree, Arson, Kidnapping, Escape 1st Degree
A “juvenile offender” would include all of the following, except
A: a 13 year old who has committed a “depraved mind” murder.
B: a 14 year old who has committed a “felony murder” where the underlying felony is Kidnapping 1st Degree.
C: a 15 year old who has committed a “felony murder” where the underlying felony is Kidnapping 2nd Degree
D: a 13 year old who has intentionally murdered a police officer in the performance of duty.
C: a 15 year old who has committed a “felony murder” where the underlying felony is Kidnapping 2nd Degree
A “deadly weapon” would include all of the following, except
A: a loaded, working firearm B: a dagger C: a billy D: metal knuckles E: an attack dog
E: an attack dog
Which one of the following defenses or affirmative defenses require action on the part of a public servant or someone cooperating with a public servant?
A: Justification B: Duress C: Infancy D: Entrapment E: Renunciation
D: Entrapment
A “voluntary act” includes the possession of property if the actor was aware of his physical possession or control thereof for the sufficient period to have been able to terminate it.
A: True
B: False
A: True
“Physical injury” is a defined term in the Penal Law and is limited to the infliction of substantial pain.
A: True
B: False
B: False
“Criminal negligence” as a mental state is only important with respect to the crime of Criminally Negligent Homicide.
A: True
B: False
B: False
A “mistake of fact” cannot relieve a person of criminal liability for his conduct.
A: True
B: False
B: False
“Intoxication” as such is a “defense” to a criminal charge when it is offered by the defendant to negative an element of the crime charged.
A: True
B: False
B: False
Lack of knowledge of the true age of a child in a sexual offense prosecution is an affirmative defense.
A: True
B: False
B: False
A person whose guilt arises through “accessorial conduct” may be convicted of a crime even though the primary offender has been acquitted.
A: True
B: False
A: True
Which of the following is a DEADLY WEAPON?
A: Dagger
B: Dirk
C: Stiletto
D: Plastic Knuckle Knife
A: Dagger
Evaluate the following statements as they relate to Article 10 of the Penal Law.
- A “person” means a human being, and where appropriate, corporations and
governmental instrumentalities. - The term “vehicle” does not include vessels powered by sail.
- The term “juror” includes someone summoned to attend as a prospective
juror.
A: #1 and #3 are correct; #2 is not
B: Only #2 is correct
C: None is correct
D: All are correct
A: #1 and #3 are correct; #2 is not
Choose the least correct statement as it relates to culpabillity according
to the Penal Law.
A: Intoxication is not a defense, and evidence of it is not admissible in any procesution for an offense.
B: There can never be an “attempt” of an offense which requires a reckless mental state
C: “Knowlingly” most closely means to be aware of ones conduct and circumstances.
D: A person is criminally negligent when he fails to perceive a substatial and unjustifiable risk.
A: Intoxication is not a defense, and evidence of it is not admissible in any procesution for an offense.
Roger and Tondelayo have a heated argument. In a rage, Tondelayo gets into her car and intentionally drives it into Roger, causing both of his legs to be amputated at the knees. In this case, Tondelayo’s vehicle would best be described as a
A: potent weapon
B: deadly weapon
C: dangerous weapon
D: dangerous instrument
D: dangerous instrument
Of the following, indicate the weapon or weapons that would not be a deadly weapon as defined in the Penal Law.
A: Switchblade, gravity knife, dagger
B: Pilum ballistic knife, billy, blackjack
C: Metal knuckles, loaded working firearm
D: Stiletto, dirk, firearm
D: Stiletto, dirk, firearm
Roger, on his way home from work, stopped in for a few drinks at a bar. He drank heavily. He left the bar and, while driving home in his car, struck and killed a pedestrian who was crossing the street at an intersection. Roger failed to see the pedestrian, but if he hadn’t been drinking he would have seen him. Roger’s mental state could be correctly defined as
A: “reckless.”
B: “intentional.”
C: “knowingly.”
D: “maliciously.”
A: “reckless.”
A statute defining a crime, unless clearly indicating a legislative intent to impose STRICT LIABILITY, should be construed
A: within the fair import of the statutory definition.
B: as defining a crime of mental culpability.
C: in a way that will promote justice.
D: consistent with case law.
B: as defining a crime of mental culpability.
Which of the following is not a deadly weapon?
A: A pilum ballistic knife B: A blackjack C: A billy D: A bludgeon E: A set of metal knuckles
D: A bludgeon
Under the provisions of the Penal Law, which of the following is neither a defense nor an affirmative defense to a criminal charge?
A: Justification B: Infancy C: Mental Disease or Defect D: Intoxication E: Duress
D: Intoxication
Police officers and private persons have somewhat similar authority for using deadly physical force to arrest in which of the following cases?
A: Burglary 1st Degree
B: Forcible C.S.A. (Sodomy)
C: Kidnapping
D: Arson
B: Forcible C.S.A. (Sodomy)
Which of the follow is not correct re: the use of force as outlined in Article 35 of the Penal Law?
A: A private citizen may use DPF to arrest a person fleeing from the commission of Forcible Rape.
B: An owner of a building may not use DPF to prevent or terminate all burglaries of the building.
C: A private person may use physical force, when necessary, to make a lawful arrest.
D: A private person may use DPF to arrest for Arson if the arsonist is in immediate flight.
D: A private person may use DPF to arrest for Arson if the arsonist is in immediate flight.
A police officer may properly use deadly physical force in which of the following instances?
A: To prevent any rape
B: To prevent any burglary
C: To prevent any C.S.A
D: To prevent any robbery
D: To prevent any robbery
Which of the following is correct re: a police officer’s authority to use deadly physical force according to the Penal Law?
A: It can be used to arrest for any felony.
B: It can be used to arrest for any burglary of a dwelling.
C: It can be used to arrest for any degree of arson.
D: It can be used to arrest for any degree of escape.
C: It can be used to arrest for any degree of arson.
It is no defense to a person whose guilt arises through “accessorial conduct” that the offense in question can only be committed by a particular class of persons, and the defendant is not a member of that class.
A: True
B: False
A: True
The “people” have the burden of disproving an affirmative defense.
A: True
B: False
B: False
When a “presumption” operates against a defendant, the defendant has the “burden of proof.”
A: True
B: False
B: False
A person who is under 16 years of age is not criminally responsible for his conduct, regardless of its seriousness.
A: True
B: False
B: False
“Infancy” is an “affirmative defense” which must be established by the defendant with a preponderance of the evidence.
A: True
B: False
B: False
A person who has available to him the “affirmative defense” of mental disease or defect is not criminally responsible for his conduct.
A: True
B: False
A: True
The “burden of proof” with respect to “mental disease or defect” rests with the “people.”
A: True
B: False
B: False
“Justification” is a “defense” which must be disproved by the prosecution beyond a reasonable doubt.
A: True
B: False
A: True
“Justification,” as a defense, is only available when the conduct involved is the use of physical force or deadly physical force.
A: True
B: False
B: False
“Deadly physical force” is not always justified in preventing a burglary.
A: True
B: False
A: True
“Deadly physical force” is not always justified in arresting for burglary.
A: True
B: False
A: True
Civilians and police officers have essentially the same legal authority to use deadly physical force in order to prevent robbery.
A: true
B: false
A: true
Civilians and police officers have essentially the same legal authority to use deadly physical force in arresting for robbery.
A: True
B: False
B: False
A civilian may legally use deadly physical force when necessary to arrest for any homicide.
A: True
B: False
B: False
A police officer may legally use deadly physical force to arrest for any felony.
A: True
B: False
B: False
A police officer who is trying to arrest a known murderer must use deadly physical force, if necessary, to effect the arrest.
A: True
B: False
B: False
A police officer who is trying to arrest for the burglary of a dwelling may always use deadly physical force if necessary.
A: True
B: False
B: False
If a person engages in a conspiracy to commit a crime, but voluntarily and completely withdraws, he has the affirmative defense of “renunciation” available to him.
A: True
B: False
B: False
The affirmative defense of duress is not available to an intentional murderer.
A: True
B: False
B: False
Only a public servant or someone cooperating with him can “entrap” another person.
A: True
B: False
A: True
Entrapment is a “defense” and must therefore be disproved by the people beyond a reasonable doubt.
A: True
B: False
B: False
The physical force used or threatened in “duress” can be directed against any person.
A: True
B: False
A: True
A threat to damage property will not satisfy the affirmative defense of duress.
A: True
B: False
A: True
