Criminal Law Final

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 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.

The unlawful killing of another person WITH malice aforethought.

Murder

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

causation

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

coincidence

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

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

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 & public trial, by an impartial jury of the state".

sixth

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

Absence of Alternatives

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

Actus reus.

When does modern law typically define end of life?

Brain Function Ends.

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

Castle Doctrine.

The ________ doctrine states that a nonaggressor is not required to retreat from his or her home if attacked.

Castle.

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

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

Common

This deals with defendant's ability to understand what is happening at the time of trial or a related criminal proceeding.

Competency to Stand Trial

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

Complicity

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.

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

___________ specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, & what defenses can be invoked by individuals who find themselves on the wrong side of the law.

Criminal law

Deadly force cannot be used in which defense?

Defense of Property

Which philosophy of punishment is the primary logic behind felony murder?

Deterrence

__________ 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

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

The entrapment defense is based on the belief that someone should not be convicted of a crime that the government instigated.

Entrapment.

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

Failure of proof defense.

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.

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

First-Degree Murder.

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

Which type of criminal homicide does the Model Penal Code not reference: The Model Penal Code references three types of criminal homicide:

Homicide.

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

Intent to Commit a Crime

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

Intoxication

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

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

Trying juveniles as adults in the criminal justice system is known as:

Legislative Exclusion

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 state defines a human being as a fetus that has progressed beyond the embryonic stage of seven to eight weeks?

Massachusetts.

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

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

Necessity

In which state is physician assisted suicide illegal?

New Hampshire

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

To sentence a first-degree murderer to death, it is usually required that jurors find (1) at least ________ aggravating factor and (2) ________ mitigating circumstance(s).

One; No

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

Overt Act

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

Physician Assisted Suicide.

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

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

Product Test

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

Res gestae

Which is NOT a primary inchoate crime?

Scheme

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

Second-Degree Murder

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

This type of large-scale conspiracy is one in which one central actor has control of all of the aspects of the conspiracy, while the other members of the conspiracy have control of only one aspect.

Spoke and Wheel Conspiracy

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

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

Tennessee v. Garner

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

This test, used for gauging the presence of actus reus in attempt crimes, holds that attempt occurs when it is no longer ambiguous to an ordinary person what the would-be offender intends.

The "Unequivocally" Test.

Which does NOT exist within a legal impossibility?

The Motive, Desire, and Expectation not to Perform an Act in Violation of the Law.

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

The Pinkerton Rule

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

The defendant or the defendant's family member(s)

The highest court in the federal system is:

U.S. Supreme Court

For homicide to be criminal, it must be:

Unjustified and Unexcused

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

Voluntarily

Which states have voted to legalize marijuana for recreational use?

Washington & Colorado

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

The party that appeals is known as the _________.

appellant

Reckless driving is an example of a ________ crime.

conduct

Which court system oversees alleged traffic court violations?

courts of limited jurisdiction

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

Another event besides the actions of the defendant that resulted in the harm after the defendant acted is known as a(n) _______ cause.

direct

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

fact

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 for MORE than 12 months

felony

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

forcible

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

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

habitation

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

law

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

malice

What is the most prevalent illegal drug in the Unites 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 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 the criminal law context, the burden of ________ falls on the prosecutor to establish the defendant's guilty.

proof

Criminal laws goal of community protection stems from which perspective?

rehabilitation

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.

tort

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

18

How many federal district courts are in the United States (including territories)?

94