CJ 2 MIDTERM

The ________ states that the nonaggressor is not required to retreat from their home.

CASTLE DOCTRINE

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

COMMON

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

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?

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

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

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

DIRECT

Some states expressly forbid this defense for homicide cases.

DURESS

This defense is one of the only defenses that calls into question law enforcement's role in the instigation of crime.

ENTRAPMENT

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

FELONY

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

FIFTH

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

GENERAL

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

Which element of attempt to commit a crime shows mens rea?

INTENT TO COMMIT A CRIME

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

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

LAW

This is an insanity test that focuses on the defendant's ability to appreciate the wrongfulness of his conduct based on a mental disease or defect.

M'NAGHTEN TEST

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

If Leroy offers Bubba $100 and says, "I'll let you keep this if you blow up Cletus's trailer," then he has satisfied the ________ element of solicitation.

MENS REA

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 doctrine states that an individual encouraging or assisting a crime can be liable not only for the original crime, but for any other offenses that are the natural and probable consequences of the crime.

NATURAL AND PROBABLE CONSEQUENCES DOCTRINE

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

NECESSITY

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

PROOF

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

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

SOLICITATION

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

STRICT SCRUTINY

Identify the subjective component of self-defense.

THE DEFENDANTS 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 three factors. Which is NOT one of the three factors?

THE SPAN OF THE CRIME

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

TORT

The highest court in the federal system is the:

U.S. SUPREME COURT

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

VICARIOUS LIABILITY

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

14

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

18

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."

6

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

ABANDONMENT DEFENSE

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

ACCESSORY AFTER 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.

ACCOMPLICE ACCESSORY

The party that appeals is known as the:

APPELLANT