CRJU 1068 Crim Law Crim Just Final

Identify the objective component of self-defense.

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

In the appeals process, this happens when an appellate court sends a case back to the lower court for further action consistent with its decisions.

A remand

To succeed at this defense the individual must notify the principal and neutralize the effects of any assistance offered to that point.

Abandonment Defense

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

Absence of Alternatives

A(n) ________ is a person who helps the principal after the criminal event takes place.

Accessory after the Fact

If someone solicits, encourages, or commands another to offend, then he is a(n):

Accessory before the Fact

Being a(n) ________ is not quite as serious as being a(n)________, as one who assists after the crime may engage in behaviors that are far more innocuous than helping with the commission of a crime.

Accessory; Accomplice

A(n) ________ is one who knowingly, voluntarily and with common intent unites with the principal offender in the commission of a crime.

Accomplice

A(n) ________ most often assists before and during the crime, while the ________ typically helps after the fact

Accomplice; Accessory

In regards to the mens rea of attempt, to intend the ________ means the offender must intend to commit some sort of overt act toward completion of the offense

Act

The person who assists a principle in the commission of a crime has satisfied the ________ of accomplice or accessory liability.

Actus Reus

The ________ element of solicitation occurs when another person entices, advises, incites, orders, or otherwise encourages another to commit a crime

Actus reus

This is sexual intercourse between a male and a female, when at least one of whom is married to someone else.

Adultery

The government has also taken many deliberate, particularly legislative, steps in addition to forming a national strategy to combat terrorism. In the wake of the Oklahoma City bombing, which Act became law?

Antiterrorism and Effective Death Penalty Act.

The actus reus for accomplice liability is, at its most basic level, assistance. Which is NOT a means by which assistance is typically provided?

Assistance by Intent

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

Atkins v. Virginia

Early English common law contains the foundations of the modern-day double jeopardy. The rule of ________ prohibited the retrial of a defendant who was found not guilty.

Autrefois acquit

The offense refers to the marriage between two persons when one is married to another person.

Bigamy

Which is NOT a syndrome defense?

Biology Based Excuses

Of the creative sociological excuses for criminal activity, ________ has been raised perhaps in the most cases.

Black Rage

Syndicalism is an alternative to ________, typically a cooperative economic system.

Capitalism

The ________ states that the nonaggressor 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

This type of large-scale conspiracy is one in which the individuals at one end of the conspiracy are not aware of the individuals at the other end

Chain Conspiracy

The Foreign Relations Authorization Act defines it in terms of four main characteristics. Which is NOT one of these characteristics?

Committed against Combatants

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

Common

This is when two or more offenders work together and actually commit a criminal act.

Complicity

This is defined as "a state of being an accomplice."

Complicity.

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

An agreement to commit a crime is known as a(n):

Conspiracy

This is an inchoate offense in which an agreement is reached to commit a crime

Conspiracy

This liability is liability of a corporation for the actions of its agents and employees.

Corporate Vicarious Liability

Which defense would a defendant use when claiming that the crime was based on psychological trauma the defendant suffered after experiencing a traumatic event?

Creative Excuse Defense

________ is an attack on the good reputation of another.

Defamation

Deadly force cannot be used in which defense?

Defense of Property

The U.S. government has adopted a so-called 4D strategy for combating terrorism. Which is NOT one of the strategies?

Diminish

Which U.S. government strategy refers to altering the underlying conditions that terrorists use to justify their attacks?

Diminish

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

Direct

Terrorism carried out by an individual or group based and operating within this country is known as ________ terrorism.

Domestic

Operating a motor vehicle with a blood or breath alcohol level over the legal limit is known as:

Driving under the Influence

The American court system is synonymous with:

Dual court system

Some states expressly forbid this defense for homicide cases.

Duress

In 1996, the ________ made the theft of trade secrets a federal crime.

Economic Espionage Act

Ethel and Julius Rosenberg were, in 1953, the first (and only) civilians executed for ________ in connection with their passing of atomic bomb secrets to the Soviet Union.

Espionage

Spying for the benefit of a foreign government is known as:

Espionage

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

Factual

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

Failure of proof defense

A riot is a group of people publicly gathering unlawfully or for an illegal purpose.

False

A riot is synonymous with unlawful assembly.

False

According to one official's testimony before the Senate Foreign Relations Subcommittee on Terrorism, Narcotics, and International Operations, our country is well prepared to address the problem of narcoterrorism.

False

Alcohol related driving fatalities have increased over the years.

False

All states grade murders by degree.

False

An accessory is typically a participant in a crime before it is committed.

False

An individual who is acquitted in criminal court cannot be charged in civil court for the same action.

False

Attempted suicide is a misdemeanor in all states.

False

Concurrence is the requirement that the defendant is responsible for the harm in result crimes.

False

Conduct crimes require actual harm.

False

Consent cannot serve as a justification defense.

False

Conspiracy is an offer to commit a crime.

False

Criminal law treats crimes as offenses against individuals not society.

False

For accomplice liability, there is one level of mens rea.

False

It is a crime to intend to inflict harm on someone else.

False

Jury trials are required in all misdemeanor cases.

False

Mistake of law can potentially be used as a defense or to negate the mens rea requirement of a crime.

False

Mitigating circumstances are circumstances that would contribute to a harsher penalty during sentencing.

False

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

False

One can be guilty of both attempt and the completed crime.

False

Physician-Assisted Suicide is legal in all states.

False

Similar to ex post facto prohibition, there are specific constitutional provisions that ban overly vague laws.

False

Solicitation is an agreement to commit a crime.

False

Terroristic activities aimed at those perceived to be harming the environment is known as narcoterrorism.

False

The Supreme Court has declared that the Fifth Amendment's protection against double jeopardy is not a fundamental right.

False

The burden of proof in civil law is higher than the burden of proof in criminal law.

False

Treason is more of a concern today than it once was.

False

Under Common Law, children under had no criminal capacity.

False

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

Federalism

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

Felony

A person is guilty of ________ when a death results during his or her commission of a violent felony.

Felony Murder

Causing the death of a fetus is known as

Feticide

Which Amendment to the U.S. Constitution addresses the issue of double jeopardy?

Fifth

This crime is defined as the deliberate, willful, and premeditated killing of another person.

First-Degree Murder

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

Forcible

Sexual intercourse between unmarried persons is known as:

Fornication

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

The doctrines of legality and lenity fit within the ________ part of the criminal law.

General

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

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

Habitation

When did common law typically define end of life?

Heart Stopped Beating

The killing of a human being by another human being is known as:

Homicide

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

Imperfect

This can be used against basically anyone who contributes to a child's delinquency, not just parents.

Individual Vicarious Liability

This defense is a defense to a crime of attempt in which the means the defendant employs to complete the crime are completely implausible and inappropriate.

Inherent Impossibility Defense

This defense is an excuse defense to a criminal charge based on the defendant's mental condition at the time of the crime.

Insanity Defense

This types of defense is rarely invoked.

Insanity Defense

Which is the actus reus of treason?

Intent to Betray

In general, a person who voluntarily ingests an intoxicant will not succeed with a defense of:

Intoxication

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

Jurisdictive

The decision as to whether a first-degree murderer will be sentenced to death is usually made by the ________ in a post-trial hearing

Jury.

Self-defense is an example of a(n) ________ defense.

Justification

________ is defamation by the written or printed word.

Libel

This Supreme Court case raises the issue of whether an ex post facto violation occurs when the punishment scheme for an 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

The unlawful killing of another person without malice aforethought.

Manslaughter

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

Marijuana

________ 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

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

Misdemeanor

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

Motivational

The unlawful killing of another person with malice aforethought

Murder

Terroristic activities that result from a collaboration between drug traffickers and traditional terrorist groups is known as:

Narcoterrorism

A(n) ________ defense is raised in cases when the defendant argues that she chose between the lesser of two evils.

Necessity

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

Negligence

In which state is physician assisted suicide illegal?

New Hampshire

Which Supreme Court case determined that child pornography is NOT protected under the First Amendment?

New York v. Ferber

Defenses that do NOT clear the defendant of guilt are known as ________ defenses

Nonexculpatory

A focus on the government conduct presumably responsible for someone's decision to commit a crime is known as a(n):

Objective Inquiry

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

This is a voluntary action taken by the defendant in furtherance of the crime of conspiracy.

Overt Act

A "temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition" is known as:

Pathological Intoxication

The purposeful termination of life by someone other than the patient is known as:

Physician Assisted Suicide

The common law put children into three categories based on their capacity to commit crimes. What is the capacity of a seven year old?

Presumption against Criminal Capacity

This person is the criminal actor

Principal in the First Degree

Someone who intentionally assists with the commission of a crime and who is actually or constructively present at the time of the crime.

Principal in the Second Degree

An individual who is in charge of another, who acts on the individual's behalf, can be held responsible through this form of liability.

Principal-Agent Liability

This test of insanity is also known as the Durham test.

Product Test

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

Proof

This crime is often referred to as the world's oldest profession.

Prostitution

Which offense is NOT seen as a crime against decency and/or morality?

Prostitution

Appearing in a public place while under the influence of alcohol or substances to a degree where the individual is likely to endanger themselves, others, or property is known as:

Public Intoxication

Which offense is NOT considered an alcohol offense?

Public Intoxication

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

Criminal laws goal of community protection stems from which perspective?

Rehabilitation

In regard to felony murder, it is the sequence of the felony from beginning to end.

Res gestae

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

Result

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

Result

An unlawfully assembled group taking a significant step toward rioting is known as a(n):

Rout

Any murder that is NOT "willful, premeditated, and deliberate" is:

Second-Degree Murder

Advocating the violent overthrow of the U.S. government is known as:

Sedition

________ advocates rebellion against the government.

Seditious Speech

The appellate stage of the criminal process occurs ________ adjudication.

Simultaneously to

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

An offer to commit a crime is known as a(n):

Solicitation

This is an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime

Solicitation

A prison inmate sent letters to his wife on the outside, soliciting various criminal activities. This case determined there was no evidence the letters actually reached his wife, so the inmate could not be convicted of solicitation.

State v. Cotton

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

Strict Scrutiny

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

Strict liability offenses

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

Tennessee v. Garner

Which federal statute, passed in 1914, constituted the federal government's first effort to criminalize opium and cocaine?

The Harrison Narcotic Tax Act

An out-of-court statement offered as evidence for the truth of the matter asserted is known as:

The Pinkerton Rule

This test, used for gauging the presence of actus reus in attempt crimes, looks at the likelihood of the offender stopping once the wheels have been set in motion.

The Probable Desistance Test

In helping to decide what a reasonable police officer would do, specific to deadly force, courts need to consider three factors. Which is NOT one of the three factors?

The Span of the Crime

Which is NOT one of the three claims a defendant must assert when making an excuse defense?

The action was a result of the need to protect oneself through self-defense

For a duress defense to most likely succeed, the alleged threat must have been directed at:

The defendant or the defendant's family members

Identify the subjective component of self-defense.

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

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

Tort

Levying war against the United States or providing aid and comfort to the enemies of the United States is known as:

Treason

A person who is under the influence of alcohol may not be able to form the requisite mens rea to commit a crime.

True

Accomplice liability is generally limited to felonies.

True

Accomplice liability is not possible when one of the parties to a crime is supposed to be protected by the applicable statute.

True

Both the federal government and the states are bound by this constitutional limitation of cruel and unusual punishment.

True

Causation can occur from an omission.

True

Homicide can be justified on necessity grounds

True

In a criminal trial, the prosecution bears the burden of proving beyond a reasonable doubt that the defendant committed the crime.

True

Inchoate crimes are offenses in themselves.

True

Intoxication could reduce, for example, what would otherwise be a first-degree murder conviction to one for second-degree murder.

True

Solicitation has no "overt act" requirement.

True

Solicitation has no requirement that the crime actually be completed.

True

Terrorism is perhaps the most visible and potentially destructive crime against the state.

True

The courts presume that all laws are constitutional.

True

The duress defense can only be used in cases where the defendant claims he or she was threatened with death or great bodily harm.

True

The insanity defense is distinct from competency to stand trial.

True

The law enforcement defense can extend to private persons.

True

The mens rea element of treason is intent to betray.

True

There is no requirement that obscenity be of a sexual nature.

True

There must be more than just intention to kill for a killing to be first-degree murder.

True

Under common law, all felons were subject to the death penalty.

True

Vice crimes are often referred to as victimless crimes.

True

Without the criminal law, there would be no crimes, no criminals, and perhaps no means of controlling undesirable behavior.

True

The highest court in the federal system is the:

U.S Supreme Court

Which federal legislation was passed in response to the September 11, 2001, terrorist attacks, which includes expanded tools for law enforcement?

USA Patriot Act

For homicide to be criminal, it must be:

Unjustified and Unexcused

A group of people publicly gathering unlawfully for an illegal purpose is known as a(n):

Unlawful Assembly

A drug or other substance which has a currently accepted medical use in treatment in the United States is known as a Schedule ________ drug.

V

This offense is defined as moving about with no visible means of financial support.

Vagrancy

Which offense is NOT considered a vice crime?

Vagrancy.

This liability is criminal liability for the acts of another person.

Vicarious Liability

A law will be ________ if it prohibits action that is protected by the Constitution

Void for overbreadth

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

Voir dire

Which does NOT meet the mens rea of first-degree murder?

Voluntarily

This defense to conspiracy provides that a conspiracy cannot occur when two persons are required for the commission of a crime

Wharton's Rule

This rule is a common law rule that stated that a person could not be prosecuted for homicide unless the victim died within a year and a day of the act that was responsible for the fatal injury.

Year-and-a-Day Rule

Prior to the USA PATRIOT Act, the CIA's role was primarily concerned with foreign intelligence gathering.

true

In general, children under the age of ________ are charged and adjudicated in the juvenile justice system.

18