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Criminal Law Exam

Collaborative Review Assignment #1

QuestionAnswer
What is an offense which is punishable by one year or more in a state prison called? Felony
Criminal law reformers called for the abolition of common-law crimes because they contended that law created by judges was not only disorderly and incomplete, it was antidemocratic.
Even in states that have codified their criminal codes, the common-law is important today because most misdemeanors are still common-law crimes.
If an appellate court affirms the decision of the court immediately below, this means that the lower court’s decision is upheld.
Sentencing laws that make prison release dependent on rehabilitation are called indeterminate sentencing laws.
The assumption underlying rehabilitation theory is that forces beyond offenders’ control cause them to commit crimes and experts using the correct therapy can reform criminals.
The theory of punishment that includes the idea that it is right to hate criminals and they deserve to be punished proportionate to the harm they have done is the theory of retribution
What is a trial without a jury called? a bench trial
According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy? a fundamental right
According to the principle of there must be a specific law defining a crime and setting out the punishment before a person can be punished for that crime? proportionality
Equal protection does not require that everyone, or even all criminals, be treated exactly alike.
In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant? Atkins v. Virginia. (2002)
The doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws. void-for-vagueness
The U.S. Supreme Court took a “hands off” approach to sentencing procedures until what case? Gall v. U.S. (2007)
The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression? an unacceptable chilling effect
Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems? 2000
What is the name of a law that criminalizes an act that was innocent when it was committed? ex post facto law
What name is given to offensive, sexually explicit material that is not protected by the First Amendment? obscenity
Which Amendment to the Constitution contains the Equal Protection clause? The Fourteenth Amendment
Which of the following is protected by the First Amendment? flag burning as a political protest
A friend of yours puts illegal drugs into your backpack without your knowledge. This is known as mere possession of the drugs
A legal fiction turns what into an act, although it is really a passive state? possession
Criminal conduct that qualifies for criminal punishment is the definition of criminal liability
Criminal liability is defined as criminal conduct that qualifies for criminal: punishment
For an omission to act to be a crime, what must exist? a legal duty to act
In the English case King v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because her acts were done while asleep and thus were not voluntary
Legal duties can arise from statutes, contracts, and special relationships
Only voluntary acts qualify as criminal actus reus
The concurrence element means that a criminal intent has to trigger the criminal act
The criminal law refers to a failure to act as an omission
The requirement that attitudes have to turn into deeds is called what? manifest criminality
Those crimes requiring a criminal act triggered by criminal intent are conduct crimes
What modern phrase comes from the ancient idea of manifest criminality? caught red-handed
What type of possession is required by most states before an act can be criminalized? knowing
Which doctrine imposes a legal duty to help or call for help for imperiled strangers? the “Good Samaritan” doctrine
Which type of possession is it where one has physical control of banned stuff? actual possession
Another term for criminal act is mens rea
Conscious risk creation is called recklessness
Criminal liability without subjective or objective fault is also called strict liability.
Failure-of-proof defenses are also known as mistakes
In strict liability cases, the prosecution has to prove only that defendants committed a voluntary criminal act that caused harm.
In the absence of a confession, intent must generally be proven by _____ evidence. circumstantial
In the Model Penal Code, the most blameworthy state of mind is purposely
Intent to commit a criminal act as defined in a statute is known as general intent
Proximate cause is a subjective question of fairness that appeals to the jury’s sense of Justice
The cause that either interrupts a chain of events or substantially contributes to a result is called the intervening cause
The most common definition of specific intent is general intent plus
What are the names of the two kinds of cause required to prove causation in “bad result” crimes? factual and “but for” cause
What is the only crime defined in the U.S. Constitution? treason
What is the only direct evidence of a defendant’s mens rea? a confession
What kind of cause occurs after the defendant’s act and before the harm? intervening cause
Which kind of fault requires no purposeful or conscious bad mind in the actor? objective fault
Created by: Bambi6543