Criminal Law Test 1

Which is not one of the basic elements of criminal liability?

Coincidence

This Supreme Court case determined that the death penalty is not permitted for the rape of an adult.

Coker v. Georgia

___________ law developed in England by judges who wrote down their decisions and circulated them to other judges

Common

Which court system oversees alleged traffic court violations?

Courts of limited jurisdiction

If George pushes Gary, who cannot swim, into a lake; Gary struggle and cries out for help; and George fails to assist, George can be guilty of a crime. Which omission would satisfy the actus reus requirement specific to George's situation?

Creation of Peril

_________ specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who find themselves on the wrong side of the law.

Criminal Law

_____________ is an attack on the good reputation of another.

Defamation

This form of causation is the requirement that the defendant's conduct was the cause in fact of the harm.

Factual

A ___________ is a crime punishable by death or confinement in prison for more than just 12 months

Felony

Overbreadth cases frequently involve the ______ Amendment, which protects the freedom of religion, assembly, and speech.

First

Which Amendment states "no state shall deny to any person within its jurisdiction the equal protection of the laws?"

Fourteenth

This Supreme Court case decided that the death penalty, as it was being carried out at the time, was unconstitutional.

Furman v. Georgia

This type of intent is the intent to commit the actus reus or criminal act of the crime only.

General

Which Supreme Court case set the standard for evaluating nondeadly force claims by law enforcement officials?

Graham v. Connor

This Supreme Court case determined that a mentally retarded convicted defendant cannot be executed.

Atkins v. Virginia

This test is used under the Equal Protection Clause of the Fourteenth Amendment for classifications based on gender.

Intermediate Scrutiny

The U.S. Constitution divides governmental authority into three branches. Which one is not a branch of the U.S. government?

Jurisdictive

This Supreme Court case determined that the death penalty is not permitted for the rape of a juvenile.

Kennedy v. Louisiana

____________ is defamation by the written or printed word.

Libel

This Supreme Court case raises the issue of whether an export facto violation occurs when the punishment scheme for offense is altered after its commission.

Lynce v. Matthis

This is the intent to commit a wrongful act without a legitimate cause or excuse

Malice

An act that is wrong or evil in itself.

Malum in se

Which is not one of the three basic elements to criminal liability?

Malum prohibitum

____________ evidence is evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.

Material

This type of concurrence states that the mens rea must be linked to the actus reus it is intended to accompany.

Motivational

The most often-cited spring gun case is ____________

People v. Ceballos

This test is used under the Equal Protection Clause of the Fourteenth Amendment for classifications which are not based on race or gender.

Rational Basis

These crimes are offenses that are not complete without actual harm.

Result

This theory of punishment looks to the past and not the future, and rests solely on the foundations of vindictive justice.

Retribution

This Supreme Court case determined that if the defendant is under the age of eighteen when they commit the capital crime, they cannot be executed.

Roper v. Simmons

_______ advocates rebellion against the government.

Seditious Speech

The ______ Amendment states, in part, that the "accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state."

Sixth

__________ is defamation by the spoken word

Slander

Mary fails to report suspected child abuse. Failure to report can lead to criminal liability by omission. Which omission would satisfy the actus reus requirement specific to Mary's situation?

Statute

The _____________________ test states the law must be "narrowly tailored" to serve a "compelling" government interest.

Strict Scrutiny

This test is used under the Equal Protection Clause of the Fourteenth Amendment for classifications based on race.

Strict Scrutiny

Which Supreme Court case set the standard for evaluating deadly force claims by law enforcement officials?

Tennessee v. Garner

Which does not have its origins in common law?

The Code of Hammurabi

________ actions are brought by victims to compensate for their injuries. The compensation is usually financial.

Torts

The highest court in the federal system is the:

U.S. Supreme Court

Criminal Law's goal of community protection stems from which perspective?

Utilitarian

Identify the objective component of self-defense

a reasonable person's belief that the defendant was justified under the circumstances

The stand you ground law is in direct opposition to which general requirement for a successful claim ion self-defense?

absence of alternatives

The appellate stage of the criminal process occurs ___________ adjudication.

after

The ______________ doctrine states that a nonaggression is not required to retreat from his or her home if attacked.

castle

The _________ states that the nonaggression is not required to retreat from their home.

castle doctrine

The requirement that the defendant is responsible for the harm in result crimes is known as:

causation

Reckless driving is an example of a ________ crime

conduct

Crimes that are complete when the criminal act and criminal intent concur are known as:

conduct crimes

The defense of ________ involves the victim consenting to physical contact or activity with the defendant.

consent

Which justification defense argues that a person is justified using force to protect another from the unlawful use of force by an aggressor?

defense of others

Deadly force cannot be used in which defense?

defense of property

__________ evidence is evidence that proves a fact without the need of the jury to infer anything from it.

direct

The American court system is synonymous with:

dual court system

Assume that a state decides to define a juvenile as someone under the age of 16, not the usual 18. Assume further that a 17-year-old committed robbery before the change. To suddenly try him or her as an adult could constitute a(n) _____________ violation.

ex post facto

Which defense results in a defendant's acquittal due to reasonable doubt in the mind of the jury?

failure of proof defense

A system of government where power is constitutionally divided between a central governing body and various constituent units is known as:

federalism

Murder, robbery, burglary, rape, or arson are known as ____________ felonies.

forcible

the doctrines of legality fit within the ___________ part of the criminal law.

general

Make my day laws are premised on a defense of __________ theory, not a self-defense theory.

habitation

A(n) _____________ defense is a defense that results in the defendant being convicted of a lesser crime, but does not result in a acquittal.

imperfect

Another event besides the actions fo the defendant that resulted in the harm after the defendant acted is known as a(n) ________ cause.

intervening

Self-defense is an example of a ______________ defense

justification

With ____________ defenses, the defendant accepts responsibility for the act he or she is charged with but argues that the act was permissible under the circumstances.

justification

Which is the most prevalent illegal drug in the United States today?

marijuana

Temporal concurrence means that the _____________ must accompany the __________ in time.

mens rea; actus reus

A _______ is a crime punishable by a fine or a period of incarceration of less than 12 months.

misdemeanor

This defense justifies certain types of criminal activity when it cannot be avoided.

necessity

This type of mens rea or criminal intent in which the defendant unconsciously creates a risk not harm and does not act like a reasonable person under the circumstances

negligence

Defenses that do not clear the defendant of guilt are known as _____________ defenses

noneculpatory

Laws that make it a crime for someone to fail to come to the aid of another who is danger are known as :

omission laws

A law will be void for __________ if it prohibits action that is protected by the Constitution.

overbreadth

In the criminal law context, the burden of __________ falls on the prosecutor to establish the defendant's guilt.

proof

Causation, the requirement that the defendant is responsible for the harm, applies only to _____________ crimes.

result

Crimes that do not require mens rea or criminal intent are known as:

strict liability offenses

Identify the subjective component of self-defense.

the defendant's belief that he or she was justified under the circumstances

In helping to decide what a reasonable police officer would do, specific to deadly force, courts need to consider the following factors EXCEPT:

the span of the crime

The process of examining potential jurors for bias is known as:

voir dire

A woman took an intoxicated man into her home and allowed him to use the bathroom, knowing his intent was to inject heroin (she even gave him a spoon to help prepare his injection). He emerged from the bathroom, collapsed, and was later dragged outside, where he died. The woman was found guilty of manslaughter. Which omission would satisfy the actus reus requirement specific to this woman's situation?

Voluntary Assumption of Care

Which states have voted to legalize marijuana for recreational use?

Washington and Colorado