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