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Exam 1

QuestionAnswer
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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