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Intro To Criminal Law /Questions And Answers (A+)
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Intro To Criminal Law /Questions And Answers (A+)Quiz :crime - Answer :consists of an act or an omission to act when the act is
prohibited or when there is a requirement to act and the act is against
humanity. Ex: Sandusky not reporting child abuse
Quiz :sources of criminal law - Answer :almost exclusively statutory (laws that
are created by the legislator)1. english common law 2. statutes 3. case law 4.
constitution (treason)
Quiz :false pretenses - Answer :obtaining a property by intentionally
misrepresenting a past or existing fact
Quiz :model penal code - Answer :can be adopted by states; has no law
making authority; meant to standardize the penal laws of the US
Quiz :felony - Answer :any crime punishable by more than 1 year in prison
Quiz :misdemeanor - Answer :all other crimes, punishable up to 1 year in
prison
Quiz :malum in se - Answer :crime that is inherently bad, evil, or immoral
(rape, murder)
Quiz :malum prohibitum - Answer :crimes that are prohibited, but are not
inherently wrong. necessary to regulate general public welfare (speeding)
Quiz :burden of proof - Answer :(part of due process) rests on
government/prosecution; must prove all elements, unanimous verdict. each
state has an attorney general who is the prosecutor of the state; district
attorney prosecutes on a local level
Quiz :permissive interference - Answer :if you find the defendant used a
deadly weapon, you may infer that they had mens rea
Quiz :presumption - Answer :(violates due process) when legal facts are
present the legal presumption is on the jury to find other facts (ex. if jury finds
suspect to have stabbed victim in the heart, then you must find or presume
that he wanted to kill victim)
, Quiz :costs/benefits model for criminalization - Answer :specific prevention:
incapacitation (of individual), deterrence, rehab/treatment;
general prevention/retribution: deterrence (others), changing resentment;
costs: law enforcement, courts/prosecutors, penal system, rehab, stigma of
criminal
Quiz :constitutional limits on criminalization - Answer :1. right to privacy
(Griswold v Connecticut)
2. Due process laws (5th am. federal laws) (14th am. state laws)
3. 8th amendment- no cruel and unusual punishment
Quiz :status crimes - Answer :not crimes; we can only criminalize conduct
ex. It's unlawful to be a drug addict- that's punishing for status
Quiz :actus reus - Answer :act of killing, ex. burglary, theft, DUI, homicide.
Must have knowledge of the facts that created the duty
Quiz :mens rea - Answer :state of mind
1. specific intent to kill
2. specific intent to cause serious bodily injury
3. killing takes place during another felony
4. the defendant acted with a depraved mind
Quiz :legal causation - Answer :have to show that the defendant's action
caused the result. Not a major issue, but one that can be easily conferred.
Sometimes there is a legitimate factual question as to whether or not the
result was caused by the action of the defendant.
Quiz :direct and substantial factor - Answer :phrase associated with causation.
defendant has been charged of killing, t find guilty: must state direct cause of
death
Quiz :specific result - Answer :conscious and volitional and intending a specific
result. has to be proven by the government
Quiz :attendant circumstance - Answer :Many crimes contain a circumstance
or a fact that is part of the crime. It neither concerns the defendant's physical
action, its just part of the statute
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