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Exam 1
| Question | Answer |
|---|---|
| What is a felony? | Punishable by death or confinement no less than 1 year |
| What is a tort | Private wrongs for which you can sue the party show wronged you and recover money |
| Proposed criminal code drafted by the American Law Institute and used to reform criminal codes is what? | Model Penal Code (MPC) |
| What is the principle that statues violate due process if they don't define a crime and its punishment clearly enough for ordinary people to know what is lawful? | Void-for-Vagueness |
| The government has to prove every element in the crime charged by a level of proof reserved for criminal cases which is? | Proof beyond and reasonable doubt |
| Which amendment is the right to bare arms? | Second Amendment |
| Criminal intent is another phrase for and is Latin for guilty mind: | Mens rea |
| Criminal omissions satisfy the voluntary act requirement, but only when: | There's a legal duty to the person in danger of harm |
| What does American bystander rule mean? | There's no legal duty to rescue or summon help for someone who's in danger, even if the bystander risks nothing by helping. |
| What are items you posses but you don't know what they are? | Mere possession |
| What are the two kinds of possession? | Actual and Constructive |
| General intent means? | The intent to commit the criminal act forbidden by statue |
| Factual cause is also called: | "but for" |
| The principle of causation: | Applies only to crimes of criminal conduct causing criminal harm |
| The principle of concurrence: | Some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes |
| What are the three proving defenses? | Alibi, justification, and excuse |
| The elements of self defense: | Nonaggressor/unprovoked attack, necessity, proportionality, and reasonable belief |
| If you didn't start a fight, you can what and kill to defend yourself without retreating from any place you have a right to be. | Stand-your-ground |
| The common law for the defense of home and property is what? | a man's home is his castle |
| What is the mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse? | Battered Woman's Syndrome |
| Choice of evils defense justifies what? | the choice to commit a lesser crime to avoid the harm of a greater crime |
| Four situations where consent justifies otherwise criminal conduct are what? | No serious injury results from the consensual crime, injury at a sporting event, conduct benefits the consenting person, and sexual conduct |
| How successful is the insanity defense when defendants offer the defense? | Only about one-quarter of the time |
| Who were some murderers that were successfully relied upon the insanity defense? | Ted Bundy, Charles Manson, Jeffrey Dahmer, The Son of Sam, and John Hinkley |
| Insanity is a legal concept and not: | a medical term |
| What is the right-wrong test (McNaughtan rule)? | the defendant suffered a defect of reason caused by a disease of mind, and consequently, at the time of the act didn't know what she was doing or that the act was wrong |
| What are some insanity tests? | Irresistible impulse, product of mental illness, and substantial capacity |
| What was the purpose of dividing children ages into categories? | to decide their capacity to commit crimes, the excuse of age |
| Defense of duress is: | when defendants use the excuse that they were forced to do what they did |
| What is the excuse that argues government agents got people to commit crimes they wouldn't otherwise commit? | entrapment |
| What are the two liability's for someone else's criminal acts? | complicity and vicarious liability |
| What are the four common law parties to a crime? | principals in the first degree, principals in the second degree, accessories before the fact, and accessories after the fact |
| Accomplice Actus Reus means: | defendant took "some positive act in aid of the commission of the offense" |
| Criminal attempt means: | trying unsuccessfully to commit a crime |
| What are the two types of attempt statues? | general and specific attempt statue |
| The defense that some extraneous factor made it impossible to complete a crime is what? | factual impossibility |
| If an individual try's to get someone else to commit a crime is called: | criminal solicitation |
| What does the proximity test help courts decide? | when defendants acts have taken them further than just getting ready to attempt and brought them close enough to completing crimes to qualify as attempt Actus Reus |
| What does racketeering mean? | originally referred to the extortion of money or advantage by threat or force |
Created by:
desera.woods
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