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Penal Law > Session #1 > Flashcards

Session #1 Flashcards

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1
Q

Tondelayo finds out that Roger has been having an affair with Tondelayo’s sister. In a fit of rage and while Roger is walking up the driveway, Tondelayo runs Roger over with her car. Roger is not injured. When Tondelayo ran Roger over with her car, she used a:

A: deadly weapon
B: deadly instrument
C: dangerous weapon
D: dangerous instrument

A

D: Dangerous instrument means any instrument, article, or substance, including a “vehicle” (as that term is defined in this section) which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious physical injury.

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2
Q

Which of the following is NOT a DEADLY WEAPON?

 A: Billy
 B: Blackjack
 C: Cane Sword
 D: Metal Knuckle Knife
 E: Pilum Ballistic Knife
A

C: NOTE: Plastic knuckles was added to Article 265, Criminal Possession 4th Degree, Subd. 1. There is no plastic knuckle knife.

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3
Q

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.

A

C: This is PHYSICAL INJURY.

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4
Q

Which of the following is a DEADLY WEAPON?

A: Dagger
B: Dirk
C: Stiletto
D: Plastic Knuckle Knife

A

A: Dagger

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5
Q

Evaluate the following statements as they relate to Article 10 of the Penal Law.

  1. A “person” means a human being, and where appropriate, corporations and governmental
    instrumentalities.
  2. The term “vehicle” does not include vessels powered by sail.
  3. 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

A: #1 and #3 are correct; #2 is not

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6
Q

Choose the least correct statement as it relates to culpability according to the Penal Law.

A: Intoxication is not a defense, and evidence of it is not admissible in any prosecution for an offense.
B: There can never be an “attempt” of an offense which requires a reckless mental state.
C: “Knowingly” most closely means “to be aware of ones conduct and circumstances.
D: A person is criminally negligent when he fails to perceive a substantial and unjustifiable risk.

A

A: Evidence of intox. is admissible if relevant to negate element of crime charged.

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7
Q

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.

A

D: A “dangerous instrument” is defined as any instrument, article, or substance, INCLUDING A VEHICLE, which, under the circumstances in which it is used (etc.), is READILY CAPABLE of causing death or other serious physical injury.
NOTE: This means that if I threaten you with a sack of feathers but tell you it is a sack of metal, I did NOT threaten the use of a dangerous instrument. It is NOT what the victim THINKS it can do, but what it is
actually capable of doing.

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8
Q

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

A

D: These simply aren’t in the list. Firearm must be loaded.

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9
Q

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

A: When someone fails to see a risk SOLELY because he is voluntarily intoxicated, he is said to have acted RECKLESSLY with respect to the risk. See P.L. Section 15.05

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10
Q

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.

A

B: A STRICT LIABILITY offense occurs, for example, when a bartender serves alcohol to someone less than 21. The bartender is guilty even if he thought the person was of proper age and wouldn’t have served him if the true age were known.

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11
Q

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
A

D: Not in the list of deadly weapons.

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12
Q

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
A

D: Intoxication, as such, is NOT a defense to a criminal charge. However, evidence of intoxication is admissible if it is RELEVANT to negate an element of the crime charged.

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13
Q

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.
A

E: But it could be a “dangerous instrument.”

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14
Q

Which one of the following defenses or affirmative defenses requires 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
A

D: Entrapment

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15
Q

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

A: TRUE

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16
Q

“Physical injury” is a defined term in the Penal Law and is limited to the infliction of substantial pain.

A: TRUE
B: FALSE

A

B: FALSE

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17
Q

“Criminal negligence” as a mental state is only important with respect to the crime of Criminally Negligent Homicide.

A: TRUE
B: FALSE

A

B: FALSE

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18
Q

A “mistake of fact” cannot relieve a person of criminal liability for his conduct.

A: TRUE
B: FALSE

A

B: FALSE

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19
Q

“Intoxication” as such is a “defense” to a criminal charge when it is offered by the defendant to negate an element of the crime charged.

A: TRUE
B: FALSE

A

B: FALSE

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20
Q

Lack of knowledge of the true age of a child in a sexual offense prosecution is an affirmative defense.

A: TRUE
B: FALSE

A

B: But see, P.L. 130.10 subd. 4

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21
Q

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

A: TRUE

22
Q

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

A: TRUE

23
Q

The “people” have the burden of disproving an affirmative defense.

A: TRUE
B: FALSE

A

B: FALSE

24
Q

When a “presumption” operates against a defendant, the defendant has the “burden of proof.”

A: TRUE
B: FALSE

A

B: FALSE

25
Q

A person who is under 16 years of age is not criminally responsible for his conduct, regardless of its seriousness.

A: TRUE
B: FALSE

A

B: FALSE

26
Q

“Infancy” is an “affirmative defense” which must be established by the defendant with a preponderance of the evidence.

A: TRUE
B: FALSE

A

B: FALSE

27
Q

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

A: TRUE

28
Q

The “burden of proof” with respect to “mental disease or defect” rests with the “people.”

A: TRUE
B: FALSE

A

B: FALSE

29
Q

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

A

B: FALSE

30
Q

The affirmative defense of duress is not available to an intentional murderer.

A: TRUE
B: FALSE

A

B: FALSE

31
Q

Only a public servant or someone cooperating with him can “entrap” another person.

A: TRUE
B: FALSE

A

A: TRUE

32
Q

Entrapment is a “defense” and must therefore be disproved by the people beyond a reasonable doubt.

A: TRUE
B: FALSE

A

B: FALSE

33
Q

The physical force used or threatened in “duress” can be directed against any person.

A: TRUE
B: FALSE

A

A: TRUE

34
Q

A threat to damage property will not satisfy the affirmative defense of duress.

A: TRUE
B: FALSE

A

A: TRUE

35
Q

Operating a motor vehicle on a public street in excess of the speed limit is a violation.

A: TRUE
B: FALSE

A

B: A violation is defined, in part, as “other than a traffic offense.”

36
Q

According to Article 10 of the Penal Law, a “person” is someone who has been born and is alive.

A: TRUE
B: FALSE

A

B: Be careful! That is the definition of a “person” in Article 125 (Homicide).

37
Q

Reckless Driving, a misdemeanor in the Vehicle and Traffic Law, is a crime.

A: TRUE
B: FALSE

A

A: TRUE

38
Q

Every felony is a crime.

A: TRUE
B: FALSE

A

A: TRUE

39
Q

A traffic infraction is not included within the term “offense.”

A: TRUE
B: FALSE

A

B: FALSE

40
Q

To “possess” means that a person must exercise actual possession over an item.

A: TRUE
B: FALSE

A

B: “…or otherwise exercise dominion or control…”

41
Q

Drawing a loaded pistol, cocking it, holding it with two hands and arms extended, and aiming it at a person is the use of deadly physical force.

A: TRUE
B: FALSE

A

B: No physical force USED yet.

42
Q

A ballpoint pen may, under certain circumstances, be considered to be a deadly weapon.

A: TRUE
B: FALSE

A

B: There are 10 specific “deadly weapons” - no more, no less.

43
Q

A ballpoint pen may, under certain circumstances, be considered to be a dangerous instrument.

A: TRUE
B: FALSE

A

A: A dangerous instrument is ANYTHING which, under the circumstances in which used, …is readily capable of causing death or other serious physical injury. (If I attempt to gouge your eyes out with a ballpoint pen, that pen is a dangerous instrument because of the circumstances in which it is used.)

44
Q

If a person possesses a .45 caliber automatic pistol that person is in possession of a “deadly weapon.”

A: TRUE
B: FALSE

A

B: You could not conclude that it was a deadly weapon unless you were told it was LOADED.

45
Q

A person has been summoned to appear as a prospective grand juror. Such person is a juror.

A: TRUE
B: FALSE

A

A: TRUE

46
Q

Roger punched Tondelayo on the nose. It would be proper to assume that Tondelayo has suffered a physical injury.

A: TRUE
B: FALSE

A

B: A physical injury REQUIRES either impairment of physical condition or substantial pain. The facts presented to you did not indicate that either impairment or pain was present.

47
Q

“Physical force” is not a defined term in the PENAL LAW.

A: TRUE
B: FALSE

A

A: TRUE

48
Q

An injury which causes death would properly be considered a “serious physical injury.”

A: TRUE
B: FALSE

A

A: TRUE

49
Q

John is attempting to repair a water pipe in the basement of his home. The home is in his wife’s name. As John was preparing to light a propane torch, his wife exclaimed, “There are oily rags all around that pipe. Maybe you should remove the rags before you light the torch!” “You fix dinner and I’ll worry about the rags,” replied John. He then activated the torch, the rags caught fire, and the house burned to the ground. John acted with which one of the following culpable mental states?

A: Intentionally
B: Recklessly
C: Knowingly
D: Criminal Negligence

A

B: RECKLESSLY - He saw the risk and ignored it.

50
Q

George is repairing a sewer cover which is located in a children’s play area. After removing the cover, George left the area to go to a local hardware store for some supplies. He did not cover nor rope off the open sewer. While George was at the store a seven year old girl fell into the sewer and sustained a serious physical injury. George acted with which one of the following culpable mental states?

A: Intentionally
B: Recklessly
C: Knowingly
D: Criminal Negligence

A

D: CRIMINAL NEGLIGENCE – He failed to perceive the substantial and unjustifiable risk that such result would occur.

Penal Law (3 decks)

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