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Criminal Law

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
show the act is wrong even if its not a crime or law  
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show the act is wrong by law  
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actus reus   show
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mens rea   show
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Strict Liability   show
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show D committed the act to serve as the actus reus  
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Specific Intent   show
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show When the actus reus and mens rea exist at the same time  
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Concurrence CANNOT occur when the mens rea is...   show
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Causation   show
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Homicide   show
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show An intentional murder that is premeditated with an ITK  
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show An intentional murder that is unpremeditated but has an ITK or cause SBH  
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show An unintentional killing where the risk is so high that the argument by D is irrelevant  
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show An intentional killing committed in the Heat of Passion that has the ITK or cause SBH  
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show -Objective provocation -No "cooling off" period -Is an imperfect defense and intent can be transferred  
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No Crime: Defense Killing   show
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First Degree Felony Murder   show
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show Burglary Arson Robbery Kidnapping Attempt (at committing one of these crimes) Rape  
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Involuntary/Misdemeanor Manslaughter   show
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Involuntary Manslaughter: Unlawful Act   show
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No Crime but Tort   show
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No Crime or Tort   show
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show An intentional act that is unpermitted and causes a harmful/offensive contact with another person  
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Common Law Types of Battery   show
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Reckless Battery   show
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show Like attempted battery that creates a reasonable fear to the party but never reached battery  
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MPC: Aggravated Assault   show
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C/L: "Intent to Frighten" Assault   show
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show When the D engages in sufficient acts with the intent to commit the target crime, but the crime was not completed. If it was than it merges into the target crime.  
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show -Meant to identify manifestly dangerous people and focuses on the substantial step test -Abandonment is a defense and the punishment is slightly less severe than the target crime except in murder cases  
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show When the actus reus and mens rea are present and there is a complete renunciation of purpose and the D must stop the crime from occurring  
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show -Meant to prevent immanent social harm and focuses on the dangerously proximate test -Uses legal impossibility as a defense and the punishment is slightly less severe than the target crime  
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show Legal and Factual  
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show A defense under the C/L when there is a real intent to commit the crime but there is a serious mistake and the crime is permanently impossible to commit  
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Factual Impossibility   show
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C/L Sufficient Act Tests   show
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show D did everything they believe is necessary to commit the target crime  
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Dangerous Proximity Test   show
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show Helps decide dangerous proximity and looks at what remains to be done by D in order to commit the target crime  
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show Looks at whether D reached a point where it was unlikely he would abandon his efforts toward the target crime  
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Equivocality Test   show
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Substantial Step Test   show
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show Breaking and entering into a dwelling house of another at night with the intent to commit a felony therein  
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show The unlawful entry into a dwelling of another with the intent to commit a felony therein  
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show A combination of two or more people who form a purpose of committing an unlawful act or a lawful act by unlawful means. Impossibility is NEVER a defense!  
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show Solicitation of another Conspiracy to commit crime Attempt to commit crime Target Crime  
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MPC: Conspiracy   show
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C/L: Conspiracy   show
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Plurality Rules in Conspiracy   show
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Doctrine of Evil/Powell Rule   show
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show Defense in both MPC and C/L of conspiracy but when it occurs they are guilty of everything that happened prior to this  
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Abandonment   show
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show Applicable under C/L and MPC its when a person is considered a victim, they cannot be a participant of conspiracy even if there was consent  
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show In C/L only, if all the conspirators except one are acquitted, you cannot convict the one because there needs to be two guilty minds  
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show A person can be convicted of conspiracy and the crime they were trying to commit because certain crimes require two guilty minds  
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Accessory before the Fact   show
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show Guilty of obstruction but no knowledge of the crime  
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Larceny/Theft   show
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show The taking and carrying away of personal property of another with intent to steal  
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show Larceny, Larceny by trick, Embezzlement, Obtained by false pretenses  
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Larceny by Trick   show
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Embezzlement-breach of trust   show
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show Intentionally exerting unauthorized control over property of another with intent to deprive  
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show Larceny (now theft) from the victim's person or presence by force or intimidation  
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MPC: Robbery   show
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show Prosecution has to prove beyond reasonable doubt that the D is guilty of each element of a crime  
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show MPC: Subjective Test C/L: Objective Test  
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C/L: Self Defense   show
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show defenses that work towards one type of crime but won't work for lesser crime  
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Retreat/Castle Rule   show
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Battered Spouse Syndrome   show
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show Deriving someone's defense rights and acting to protect them on their behalf if you see them being attacked  
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show You do not need to derive the rights to defend the other person because it is an assumed obligation to protect the party and rights of defense of a person don't need to be given  
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Defense of Property/Dwelling   show
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Defense of Necessity/Choice of Evils   show
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MPC Defense of Duress   show
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show The malicious burning of a dwelling house of another  
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show The highly malicious burning (beyond char) of a dwelling of another  
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Mental Disease/Defect   show
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show -M'Naughten (Right-Wrong) Test -Parsons (Irresistible Impulse)Test -Durham (Product) Test -Substantial Capacity Test -Insanity Defense Reform Act (current)  
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show A test for insanity where the accused party had a mental defect and was not able to know right from wrong  
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Parsons (Irresistible Impulse) Test   show
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show An insanity test where the accused is not criminally responsible because his act was caused by his mental disease or defect  
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show An insanity test that combines M'Naughten and Parsons  
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show An insanity test that D committed the offense as a result of mental disease/defect and was unable to know the nature and quality of wrongfulness  
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show When D has a pre-existing legal duty to act but doesn't  
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show A person CANNOT be charged with a crime of omission if they had a legal or moral duty  
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Omission actus reus must have:   show
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show There is no separate system for juveniles and a person becomes an adult at 14 yrs.  
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show Ages vary by the state but at 18 you become an adult but 14-18 yrs. is able to be tried in juvenile or adult court  
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Voluntary Intoxication   show
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show Can be used as a defense because D was unaware of being intoxicated  
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show Coerced, Pathological, Innocent Mistake, Medically Prescribed  
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Coerced Involuntary Intoxication   show
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show The intoxication is unexpected because it was a result of a powerful medication or alcohol that was unknown to induce intoxication  
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show When someone is tricked into the intoxication such as consuming a drink from a spiked punch bowl  
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show The carnal knowledge of a female forcibly and against her will  
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MPC: Rape   show
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Statutory Rape   show
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Created by: jmarti13
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