NYLE: CRIMINAL LAW EXAM
QUESTIONS AND ANSWERS GRADED A+
2025/2026
De Bour warrantless detention/arrest:
tier one - ANS 1) Police can request information,
2) if they have objective credible reason, not necessarily indicative of criminality
De Bour warrantless detention/arrest:
tier two - ANS 1) Police can make a common-law inquiry for additional information,
2) activated by a founded suspicion that criminality is afoot
De Bour warrantless detention/arrest:
tier three - ANS 1) Police can forcibly stop and detain (and frisk if detect a danger),
2) if PO has a reasonable suspicion that the person was involved in a crime
De Bour warrantless detention/arrest:
tier four - ANS 1) Police may arrest, take into custody and search a person
2) if they have reasonable cause (= probable cause) to believe that person has committed a
crime
Name four levels of mental culpability - ANS 1) intentionally
2) knowingly
1 @COPYRIGHT 2026 ALLRIGHTS RESERVED.
, 3) recklessly
3) with criminal negligence
Define: intentionally - ANS conscious objective to cause such result or engage in such conduct
Define: knowingly - ANS person is aware that her conduct is of the nature described by the
offense, or the circumstances of the offense exist
Define: recklessly - ANS person is aware of and consciously disregards a substantial and
unjustifiable risk
Define: with criminal negligence - ANS person failed to perceive a substantial and
unjustifiable risk that a certain result will occur
Mistake of fact: what can it negate? - ANS mistake of fact can negate a culpable mental state
When does mistake of law apply (the hard element) - ANS only when based on an official
statement of law that was wrong
Defenses: mental disease or defect
what types
3 elements - ANS Complete defense, affirmative defense
1) at the time of the conduct
2) person lacked "substantial capacity to know or appreciate" either
3) (nature and consequences of the conduct) or
(that such conduct was wrong)
Defenses: extreme emotional disturbance
what does it do?
2 @COPYRIGHT 2026 ALLRIGHTS RESERVED.
QUESTIONS AND ANSWERS GRADED A+
2025/2026
De Bour warrantless detention/arrest:
tier one - ANS 1) Police can request information,
2) if they have objective credible reason, not necessarily indicative of criminality
De Bour warrantless detention/arrest:
tier two - ANS 1) Police can make a common-law inquiry for additional information,
2) activated by a founded suspicion that criminality is afoot
De Bour warrantless detention/arrest:
tier three - ANS 1) Police can forcibly stop and detain (and frisk if detect a danger),
2) if PO has a reasonable suspicion that the person was involved in a crime
De Bour warrantless detention/arrest:
tier four - ANS 1) Police may arrest, take into custody and search a person
2) if they have reasonable cause (= probable cause) to believe that person has committed a
crime
Name four levels of mental culpability - ANS 1) intentionally
2) knowingly
1 @COPYRIGHT 2026 ALLRIGHTS RESERVED.
, 3) recklessly
3) with criminal negligence
Define: intentionally - ANS conscious objective to cause such result or engage in such conduct
Define: knowingly - ANS person is aware that her conduct is of the nature described by the
offense, or the circumstances of the offense exist
Define: recklessly - ANS person is aware of and consciously disregards a substantial and
unjustifiable risk
Define: with criminal negligence - ANS person failed to perceive a substantial and
unjustifiable risk that a certain result will occur
Mistake of fact: what can it negate? - ANS mistake of fact can negate a culpable mental state
When does mistake of law apply (the hard element) - ANS only when based on an official
statement of law that was wrong
Defenses: mental disease or defect
what types
3 elements - ANS Complete defense, affirmative defense
1) at the time of the conduct
2) person lacked "substantial capacity to know or appreciate" either
3) (nature and consequences of the conduct) or
(that such conduct was wrong)
Defenses: extreme emotional disturbance
what does it do?
2 @COPYRIGHT 2026 ALLRIGHTS RESERVED.
