CRIMINAL LAW

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To prove criminal intent, the prosecutor may use:

A. defendant's statements made before the commission of the crime B. defendant's statements made after the commission of the crime C. the acts of the defendant and the circumstances that existed at the time of the crime D. inferences arising from the natural and probable consequences of the defendant's acts

A major step toward the commission of a crime and it strongly supports your belief that the person at the time did the act had a firm intent to commits that crime Attempt

Substantial step

Insanity(PA) requires defense to give prosecution pretrial notice making the defense have a burden of preponderance of the evidence.

TRUE

Defense must give prosecution pretrial notice so prosecution has a chance to get expert testimonial to disprove defense

True

Defenses are legal excuses

True

Entrapment contains 2 elements which are improper government inducement of the crime, and B) lack of predisposition on the defendant to engage in the criminal conduct

True

In PA--> a child under 10 lacks capacity to commit a crime

True

In Pennsylvania, the legislature set the maximum penalty for a crime.

True

In a criminal case, the defendant need not prove anything.

True

In all inchoate offenses, renunciation is a defense.

True

Insanity (Federal) requires prosecution pretrial notice

True

RETREAT:There is NO duty to retreat before using less than deadly force.

True

Solicitation is that the defendant commanded, encouraged, or requested another person to engage in a specific conduct and they did so with the intent on promoting or facilitating the commission of the crime and the conduct would constitute a crime

True

The Commonwealth must prove each and every element in each and every crime beyond a reasonable doubt.

True

The burden of proof for insanity federal cases is clear and convincing evidence

True

The void for vagueness doctrine is applied to criminal laws that fail to give fair notice to law-abiding citizens as to what behaviors are prohibited.

True

Vicarious Liability is when one person is liable for the conduct of another

True

When creating criminal laws,the state may legislate in the area of public health, public safety, and public morals

True

alcohol or drugs is a form of diminished capacity

True

in self-defense cases the state has the burden of proof

True

Because of mental of emotional conditions, defendant did not possess the required mens rea for conviction of crime charge

diminished capcity

Lay witnesses

eyewitnesses, victim witnesses

Substantial Capacity Test

huh

The highest level of criminal intent required by statute is:

intentionally

1st degree murder

killing that is premeditated, deliberate and done with malice

Who has the burden of proof?

state

How big is the burden?

Beyond a reasonable doubt

an impairment of a physical condition or substantial pain

Bodily injury

Beyond a Reasonable Doubt

Burden of Proof in every criminal case. The state has to prove each and every element in each and every crime and that the defendant committed these crimes beyond a reasonable doubt. Highest burden of proof because we are taking away a person's liberty.

In Pennsylvania, the legislature set the minimum penalty for a crime.

False

In a criminal case, the defendant must disprove his/her guilt.

False

In a criminal case, the defendant must prove his/her guilt.

False

Motive alone is sufficient to convict

False

Pennsylvania law requires that the minimum sentence can be no more than 1/3 of the maximum

False

Proximate cause must be proven by clear and convincing evidence.

False

The Commonwealth must prove each and every element in each and every crime by a preponderance of evidence

False

The act of hitting someone is always a crime.

False

The defendant must disprove each and every element of the crime beyond a reasonable doubt.

False

The defendant must disprove proximate cause beyond a reasonable doubt.

False

The prosecution decides which homicide level has been committed

False

To prove conspiracy in Pennsylvania, the prosecution must prove an overt criminal act.

False

When a strict liability crime is made,defense of mistake will sometimes disprove the prosecution

False

Reasonable Doubt

A doubt that would cause a reasonably careful and seasonable person to hesitate before acting in a matter of his/her own affairs

For a solicitation to be complete, money or reward must be offered.

False

For a solicitation to be complete, someone must agree to commit the crime.

False

If we add a defense, we need not prove anything

False

Agreement there must be a meeting of the minds

True

Expert witnesses

-psychologists and psychiatrists

Principles and accessories to a crime in Pennsylvania are today referred to as:

Accomplices

Status Crime

Cannot punish a person for what they are because it's only their status , may only punish for something they do

Overcharging

Charging someone with multiple charges in order to give the defendant options

Competency is a defense

FALSE

Insanity(Fed) the state has the burden

FALSE

All crimes require proof of the two essential elements.

False

All inchoate offenses are graded the same as the substantive crime.

False

All moral violations are crimes.

False

An individual may use deadly force in the protection of property

False

An inference is a conclusion that must be accepted by the jury

False

An intervening cause is any event that causes a perpetrator of a crime to renunciation the crime.

False

Beyond a reasonable doubt requires that the jury be 100% certain.

False

COMPETENCY :Deals with the mental state at the TIME they committed the offense, not the mental stand when standing trial

False

Criminal laws are first interpreted by the judiciary and then proceed to law enforcement.

False

For a conspiracy to be complete, someone must commit a crime.

False

Outcome: Defendant will be sentenced

Guilty

involuntary manslaughter

Knock out game; negligence and misdemeanor, 2 TYPES: (1) Negligent killing: gross negligence; (2) Killing during misdemeanor OR a felony that does not qualify for felony murder.

Consent of the victim is not a defense except in rape cases.

True

Criminal law can override religious freedom

True

At the time of the crime, and as a result of a mental defect, the defendant lacked the substantial capacity to appreciate criminality or wrongfulness or to conform to conduct required by law

Mentally Ill

Outcome: Defendant is free to go

Not guilty

Outcome: Prosecution submits motion to have defendant committed to state mental hospital fir a period of evaluation pursuant to "State Mental Health Procedures Act" and held there indefinitely

Not guilty by reason of insanity

Outcome: defendant not held criminally responsible

Not guilty by reason of insanity

What are your duties as a citizen?

Obey the law

bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

Serious bodily injury

The major source of criminal law in society today is:

Statute

Criminal Law #2

The area of study that investigates what is a crime and what need to be proven to show that a crime has taken place.

Criminal law #1

The rules of conduct that forbid specific acts and in some instances require specific acts

Strict liability crimes does away with intent element

True Statutory rape

A homicide in which the intent to kill was present in the mind of the offender, but malice was lacking. Most commonly used to describe homicides in which the offender was provoked or otherwise acted in the heat of passion.

Voluntary manslaughter

2nd degree murder

accomplice, arson, rape, robbery

3rd degree murder

all other crimes of murder; hurt person up to 20 years, intent to hurt someone

To prove a conspiracy in Pennsylvania, the prosecution must prove among other things:

an agreement and that an overt criminal act was committed.

The essential elements of a crime are:

the mental state and the physical act or failure to act.

Duress in a charge of murder is not a defense to murder

true

In attempting to use the defense of duress or coercion, defendants must admit that they committed the offense charged, but assert that they were forced to do so to avoid death or serious bodily injury to themselves or others

true

There is a duty to retreat before using deadly force

true


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