AJS 109 ch 2 & 3

This test is used under the equal protection clause of the fourteenth Amendment for the classification based on race.

A) Strict Scrutiny* B) Intermediate Scrutiny C) Rational Basis D) Balanced Basis

A law will be __________ if it prohibits action that is protected by the constitution.

A) Void for vagueness B) Void for nebulousness C) Void for overbreadth* D) Void for equal protection

Indirect protections are more concerned with the criminal law itself than they are with the treatment of individuals. T/F

True

Results crimes require actual harm. T/F

True

Successful ignorance defenses are rare. T/F

True

The Supreme Court has sanctioned bans on freedom of speech. T/F

True

The courts presume that all laws are constitutional. T/F

True

The federal government's law-making authority is limited. T/F

True

The prosecutor must prove beyond a reasonable doubt that the defendant committed a criminal act with the required mental state. T/F

True

There cannot be a crime without some action or inaction on the part of the defendant. T/F

True

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 Marys situation?

B) Statute

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

B) Strict liability offenses

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

C) General

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

C) General

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

C) Malice

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

C) Malum prohibitum

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

C) Motivational

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

C) Roper v. Simmons

In Furman v. Georgia, the Supreme Court held that the death penalty itself constitutes cruel and unusual punishment. T/F

False

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

False

It is legal to punish someone for an action that wasn't illegal when it was committed. T/F

False

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

False

Motivational concurrence means that the mens rea must accompany the actus reus in time. T/F

False

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

False

The part of law that defines specific crimes is the general part of the criminal law. T/F

False

A mistake and ignorance of the law are synonymous of each other. T/F

True

Actual possession is property that is ether held by the individual or attached to them in some fashion. T/F

True

Causation can occur from an omission. T/F

True

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

A) Atkins v. Virginia

Reckless driving is an example of a ____________ crime.

A) Conduct

If George pushes Gary, who cannot swim, into a lake; Gary struggles 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?

A) Creation of Peril

Another event besides the action of the defendant that resulted in the harm after the defendant acted is known as ____________ cause.

A) Direct

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

A) Executive B) Legislative C) Jurisdictive* D) Judicial

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

A) Federalism* B) Confederation C) Principle of Legality D) Principle of Leniency

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

A) Furman v. Georgia B) Atkins v. Virginia C) Kennedy v. Louisiana D) Coker v. Georgia*

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

A) Furman v. Georgia B) Atkins v. Virginia C) Kennedy v. Louisiana* D) Coker v. Georgia

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 ___________ violation.

A) Malum prohibitum B) Malum in se C) Stare decisis D) Ex post facto

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

A) Omission Laws

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

A) Result

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

A) Result

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

A) Second B) fifth C) Eighth D) Fourteenth*

______________ is an attack on the good reputation of another.

A) Slander B) Group Libel C) Defamation* D) Seditious Speech

_____________ advocates rebellion against the government.

A) Slander B) Group Libel C) Libel D) Seditious Speech*

_____________ is defamation by the written or printed word.

A) Slander B) Group Libel C) Libel* D) Seditious Speech

______________ is defamation by the spoken word.

A) Slander* B) Group Libel C) Libel D) Seditious Speech

This test is used under the equal protection clause of the fourteenth Amendment for classification which are not based on race or gender.

A) Strict Scrutiny B) Intermediate Scrutiny C) Rational Basis* D) Balanced Basis

This test is used under the equal protection clause of fourteenth Amendment for classification based on gender.

A) Strict Scrutiny B) Intermediate Scrutiny* C) Rational Basis D) Balanced Basis

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

B) Causation

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

B) Conduct Crimes

For double jeopardy purposes, which is NOT considered a separate sovereign?

B) Counties within the same state

Which mistake does NOT form the requisite mens rea to support a criminal conviction?

B) Fact

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

B) Factual

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

B) Mens rea: Actus reus

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:

B) Negligence

The mistake of ___________ is when a defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

D) Law

A women 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 women was found guilty of manslaughter. Which omission would satisfy the actus reus requirement specific to this women's situation?

C) Voluntary Assumption of care

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

D) Coincidence

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

False

An omission cannot satisfy the actus reus element of crime. T/F

False

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

False

Conduct crimes require actual harm. T/F

False