AJS 109 Exam 1
The ______ doctrine states that a nonaggresor is not required to retreat from his or her home if attacked
Castle
Which is NOT one of the basic elements of criminal liability?
Coincidence
__________ occurs when two or more offenders work together and actually commit a criminal act
Complicity
________ is an attack on the good reputation of another
Defamation
Deadly force cannot he used in which defense?
Defense of Property
Another event besides the actions of the defendant that resulted in the harm after the defendant acted is known as a(n) ________ cause
Direct
Some states expressly forbid this defense for homicide cases
Duress
This defense is an excuse defense that is applicable when the defendant is forced to commit a crime by threat or force
Duress
This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occured
Entrapment
A failure of proof defense ALWAYS leads to the defendant's acquittal
False
A person does not have to know a crime was committed in order to be an accomplice
False
If a defendant admits to commuting an offense, but claims they were not "normal" at the time, this is considered permissible under the "justification" defense
False
Intoxication as a defense is applicable regardless of wether the alcohol, drugs, or other substances were voluntary or involuntary
False
It is a crime to intend to inflict harm on someone else
False
The insanity defense is distinct from competency to stand trial
False
When a consent defense is used, it is legal requirement that the individual gives consent no matter the age
False
premenstrual dysphoric disorder can potentially be used as a criminal defense to a crime
False
The elements of a Duress defense depend on the crime in question. For all nonhomicide offenses, there are _______ general elements:
Five
Murder, Robbery, Burglary, Rape, or Arson are known as ________ felonies
Forcible
Which amendment states "no state shall deny to any person within its jurisdiction the equal protection of the laws"?
Fourteenth
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
The waiver of a juvenile defendant from adult court to juvenile court is known as a:
Mandatory Waiver
Temporal concurrence means that the ____ must accompany the _____ in time
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:
Negligence
The common law put children into three categories based on their capacity to commit crimes. What is the capacity of a seven year old?
No criminal capacity
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
What is an accessory?
One who knowingly/voluntarily unites with the principal offender in the commission of a crime
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 most often-cited spring gun case is:
People v. Ceballos
This waiver is a waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors
Presumptive Waiver
An employer is liable for the actions of its agents and employees while in the course of employment is called _______?
Respondeat Superior
______ is defamation by the spoken word
Slander
Which is NOT one of the three claims a defendant must assert when making an excuse defense?
The action was involuntary
Brainwashing can be argued as a criminal defense
True
Complicity is defined as, " A state of being an accomplice"
True
If a man, by terror of present death, be compelled to do a fact against the law, he is totally excused, because no law can oblige a man to abandon his own preservation
True
Most states have multiple ways to impose adult sanctions on offenders of juvenile age
True
Omission can contribute to criminal liability
True
Result crimes require actual harm
True
The Duress defense can only be used in cases where the defendant claims he or she was threatened with death or treat bodily harm
True
Under Common Law, children under 10 had no criminal capacity
True
Under the law enforcement defense, one of the factors to consider if an officer's action are justified to use deadly force is that the suspect is resisting and attempting to flee
True
When there is abuse in a home, the parents would be held as vicarious liability
True
What is an accessory after the fact?
Under common law, a person who helps the principal offender after the criminal event takes place
Criminal liability for the act of another person is called ________?
Vicarious Liability
A law will be ______ if it prohibits action that is protected by the Constitution
Void of overbreadth
In general, children under the age of _______ are charged and adjudicated in their juvenile justice system
18
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
Double Jeopardy falls under the "special defenses"
False
The states of being seriously mentally illl is?
Insanity
Self-defense is an example of a(n) _______ defense
Justification
For a Duress defense to most likely succeed, the alleged threat must have been directed at:
The defendant or the defendants family member(s)
Actual possession is property that is either held by the individual or attached to them in some fashion
True
An accessory is typically a participant in a crime after it is committed
True
