Criminal Justice 310a || All Questions Answered Correctly.
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Criminal Justice 310a
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Criminal Justice 310a
property law correct answers common law in anglo-american law oldest type
torts correct answers civil wrong bad thing that doesn't result in a crime
What is the Purpose of criminal law correct answers - notice
-pros
-punish
-blameworthy- reason we hear about it so much
Mens REA correct ...
Criminal Justice 310a || All Questions Answered Correctly.
property law correct answers common law in anglo-american law oldest type
torts correct answers civil wrong bad thing that doesn't result in a crime
What is the Purpose of criminal law correct answers - notice
-pros
-punish
-blameworthy- reason we hear about it so much
Mens REA correct answers criminal intent (evil mind)
is a requirement for most crimes
is not a requirement for strict liability crimes B/c they do not have this element. (46 in a 45 mph
zone)
concurrence correct answers thinking guilty while doing guilty (penal code section 20 in most
crimes there must exist a union or joint opporation of act and intent.
Motive correct answers A need or want that is strong enough to cause the person to seek
satisfaction
Actus Reas correct answers criminal act (evil conduct)
PC 21 of California correct answers the intent or intention is manifested by the circumstances
connected with the offense.
Proof correct answers everything in court has to be proven, including mental state.
Direct evidence correct answers directly proves the intended evidence by testimonial
indirect evidence correct answers requires that the jury reason. Want jury to Take evidence make
inferences on it and move on to other evidence. Evidence that isn't there
Transferred intent correct answers states that intent may only be transferred within the same
crime. mens rea to kill plus actus rea to kill is able to be transferred because same crime.
Exception to transferred intent correct answers Felony Murder Rule: If a murder occurs within
the commission of a felony, you will be found guilty of murder.
General Intent correct answers the intent to commit present act
WITHOUT the intent to commit any:
• further act
or
• additional consequence
, Specific intent correct answers the intent to commit present act
WITH the intent to commit any:
• further act
or
• additional consequence
General Intent Crimes correct answers 1. actually subjectively believed in own mistake. 2.
Reasonably objectively believed in own mistake. 3. Hypothetical if in fact the defendant believed
that the object in possession wasn't illegal and it actually isn't illegal than it is a defense.
Specific intent Crimes correct answers 1. Actually (subjectively) believes in own mistake.
Attempted (key word for specific intent)
What does it mean to be reasonably objective correct answers would a reasonable person suffer
from the same mistake.
What does it mean to be actually objective correct answers what is going on inside this particular
person?
mistake of law correct answers Understanding that you were doing certain act but not knowing it
is criminal conduct.
Mistake of Fact correct answers Failure to notice the criminal act while not having Mens REA or
evil mind.
Voluntary intoxication rule correct answers purposely ingested and not generally a defense. Not
a defense because defendant is at fault for their condition. It is a defense only for specific intent
crimes. Can be used to negate S.I which = defense.
Involuntary intoxication rule correct answers not at fault for becoming intoxicated. Is a defense
because the defendant is not at fault for their condition.
USSC rule of Statutory interpretation correct answers distinguishing strict liability "crimes" from
"common law- "infamous" crimes- ex (when you come to a period its the end of a sentence)
reiterate a test to see if it is a regular kind of crime (common law- infamous-famous for a bad
reason) or strict liability
Strict liability steps to prove intent or not. correct answers Regulatory context- a agency or rules
that regulate the law in order for it to be enforced. (FDA)
description of neglect- description of what you are doing wrong or failing to do properly.
Lessened penalty- a penalty less drastic than a violent crime
lessened stigma- not as infamous
crimes correct answers 1. Society is harmed
2. People v Y
3. Defendant is the focus
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