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Criminal justice
key concepts & constituions rights
| Questions | answers |
|---|---|
| In the United States Supreme Court ruling in Miranda v Arizona, which amendment to the constitution of the United States did the court rule was violated? | 5th amendment |
| What 2 requirements must be met before a suspect is required to be advised of their rights against self-incrimination? | custody Interrogation |
| Name 1 of the 5 types of punishment | Rehabilitation |
| name 2 classifications of crimes | felonies misdemeanor |
| What are the first 10 amendments of the constitution's of the United States that cover individual freedoms called? | bill of rights |
| name the 3 branches of government | legislative executive judiciary |
| name 1 of the 6 conurdstitutional limits on criminal law | equal protection |
| name 1 of the 2 types of crimes | conduct crimes: your conduct makes it a criminal offense. |
| name 1 of the 3 elements of criminal liability | mens rea: the intent |
| a person has a duty to act in a manner that prevents injury or loss of life of another | if there's a contract |
| name 4 culpable mental states | purposely knowingly recklessly negligently |
| name the only 4 ways a person can dieer | accidental homicide suicide natural |
| define homicide | the killing of a human being by another human being, or death of the hands of another. |
| what is the penalty for conviction for first degree murder | sentence to automatic life w/o possibility of parole |
| what is the difference between conviction for first degree and second degree murder? | 2nd degree - years to life. |
| what is a bifucurated trial in a death penalty case prosecution? | to argue that the death penalty is unfair |
| what is meant by a strict liability crime? | if someone is this, then its that. |
| what 2 actions does the crime of robbery require? | unlawfully taking or attempted to take property of another. by force or the threat of force |
| carjacking has the same elements of what other crime? | robbery. |
| name the 4 UCR crime against persons | murder forcible rape aggravated assault robbery |
| name the 4 UCR crimes against property | burglary theft auto theft arson |
| under what circumstances can the crime of arson be a federal offense? | arson in federal buildings. |
| the crime of criminal mischief can also be known as what other title? | Vandalism |
| in order to charge some with the offense of criminal mischief, can it be the suspects property that was damaged? | no |
| what is a lesser included charge of burglary? | theft |
| what 2 requirements must be met to consider a charge for burglary? | unlawfully taking or attempted the taking you attempted to take |
| what is another name for the crime of theft? | larceny |
| give one name for a type of theft | receive and stolen property. |
| what is the difference between forgery and uttering crimes? | uttering is passing of the document |
| What is intellectual property and name one | anything related to human intellectual (trademarks) |
| explain broken windows theory | if there is a broken window and nobody does anything there is a chance for the house to deteriorate then the community. |
| is riot a federal crime? | YES |
| what determines the number of people required for a riot? | each state has a different number, |
| define vice crimes | immoral conduct practices or habits |
| what crime is defined as the worlds oldest profession? | prostituion |
| does the crime of obscenity have to be sexual in nature? | no |
| define the crime gambling | |
| other than statuary rape, name a strict liability crime. | DUI |
| why is the legal age of possession and consumption of alcohol the same in all 50 states? | bc the government requires it before funding the state. |
| what is a inchoate crime | crimes that are either partial, unfinished. |
| list the inchoate crimes | attempt conspiracy solicitation |
| an _____ without a criminal offense is not a crime unh | attempt |
| a person cannot be convicted of both ____ and the underlying offense | attempt |
| an agreement to commit a criminal act and overt act in furtherance of the agreement is what | conspiracy |
| the state of being an accomplice is called what | complicity |
| accomplice liability is general limited to felonies true or false | TRUE |
| what is the difference between accomplice and an accessory? | accomplices -participated during a crime access participated after the crime. |
| the latin phrase - respondent superior translate to what? r | let the master answer |
| name 1 defense to the crime of complicity | abandonment |
| name 1 justification defense | double jeopardy |
| name 1 of the 4 elements of self defense | imimnent danger |
| what is CASTLE DOCTRINE | a mans home is a castle and can be defended |
| how much force can be used by a person to protect their property | only as much force as reasonable necessary but never deadly. |
| the lesser of 2 evil defense is called? | necessity |
| name 1 of the 6 excuse defenses covered | insanity |
| the duress defense can or cannot be used in homicide? | cannot |
| define intoxication | disturbance of mental or physical capcities resulting from any substance into the body |
| name 1 strict liability crime | selling alcohol to a minor |
| define entrapment | a person commits a crime that they are not predisposed to do. |