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Review #1
Chapters 1-5
| Question | Answer |
|---|---|
| What is the difference between crime and a tort? | Crime = wrong against society (guilty/not guilty) Tort = wrong against an individual (liable/not liable) |
| A crime punishable by more than one year in prison is called? | Felony |
| Which theory focuses on preventing future crimes? | Prevention |
| What are the four types of prevention? | General Deterrence, Special Deterrence, Incapacitation, and Rehabilitation |
| What type of democracy limits the government's power through the constitution? | Constitutional democracy |
| What principle states that the government can only punish people when a law already defines the crime and punishment? | The Rule of Law |
| What are the laws called that make an act criminal after it was committed or increase punishment after the crime occurred? | Ex post Facto Laws |
| What doctrine says laws must be clear enough for people to understand what conduct is prohibited? | The Void for Vagueness Doctrine |
| Which amendment contains the Equal Protection Clause? | The 14th Amendment |
| What are the overall three elements of crime? | Actus reus, mens rea, and concurrence |
| What does "actis reus" mean? | The "evil act" or criminal act |
| What two requirements must exist for a voluntary criminal act? | Bodily movement and free will |
| What three ways can legal duty be created for a criminal omission? | Statutes, contracts, and special relationships |
| What are the two aspects of possession? | Control of items/substances and awareness of control |
| What is "mens rea"? | Mens rea is the required mental element of crime |
| How many mental states under the Model Penal Code are there? | 4 |
| What does it mean to act purposefully or intentionally? | Acting on purpose with the conscious objective of causing harm |
| Acting with a conscious creation of a high risk of harm is called what? | Recklessness |
| Liability without fault (mens rea) is considered what? | Strict Liability |
| All crimes (except strict liability crimes) require what? | Concurrence |
| What most a prosecutor prove to establish causation? | The prosecutor must prove for both factual causation and proximate causation |
| What is a proximate cause? | Promixate cause asks whether it is fair to blame the defendant for the harm that resulted. |
| What are two types of intervening causes? | Coincidental intervening and responsive intervening acts |
| What is the difference between a perfect defense and an imperfect defense? | Perfect defense results in an acquittal Imperfect defense results in conviction of a lesser offense |
| What are the elements of self-defense? | nonaggressive/unprovoked attack, necessity, imminence, proportionality, and reasonable belief |
| If you do not start the fight, you may stand your ground and use deadly force to defend yourself. What rule is this called? | Stand-your-ground rule |
| What is the choice of evils defense? | It justifies committing a lesser crime to avoid the harm of a greater crime and is also knonw as the necssity defense |
| What is the castle exception to the retreat rule? | If you are attacked in your home and reasonably believe the attack threatens death or serious injury, you have no duty to retreat and may use deadly force against an unprovoked attacker. |
Created by:
Mbrown1800SC