Intro to Criminal Law, Ch.1-5, Exam 1
Agreement
A criminal conspiracy is a(n)_____ to commit an unlawful act.
affirmative
A(n) _____ defense is one in which the defendant must take the offense and respond to the charges against him or her with his or her own assertions being based on legal arguments.
Bill of attainder
A(n)____is a legislative act of punishing a person or a select group of people without the benefit of judicial trial.
Inchoate (crime)
An unfinished crime that generally leads to another crime is known as:
Inchoate
Attempt is a ____ crime.
facts surrounding
Attendant circumstances are the_____ an event.
Ex post facto
Bob turns 21 and goes out an buys his first six-pack of beer. The next week, the drinking age is raised to 22 and the sheriff arrests Bob for buying that six-pack. Bob is the victim of an ________ law.
Property Crime
Burglary is an example of a
defensive force is used on an attacker who may be incapable of carrying out the threat.
Claims of self-defense are weakened whenever _____.
(a) defense
Evidence and arguments offered by the defendant to show why the defendant should not be held liable for a criminal charge are called ______.
Necessity
For the defense of _____, the defendant claims that he or she had to commit some unlawful act in order to prevent or to avoid a greater harm.
Specifically intended to effect
In order to prove the crime of conspiracy, the government is required to prove that the defendant_____ the commission of the unlawful act.
have laws making it illegal for a person to resist a lawful arrest
In regard to resisting a lawful arrest, all jurisdictions today _____.
mere preparation
In the context of criminal attempt, an act that fails to meet the requirements for a substantial step would be _____.
Substantial step
In the context of criminal attempt, significant activity undertaken in furtherance of some goal is:
Conduct
In the criminal law, ______ is considered behavior and the accompanying mental state.
Judge
Jury instructions are directions given to the jury by the:
Awareness
Knowing behavior is action undertaken with:
States of mind(mens rea)
The Model Penal Code outlines four____: purposeful, knowing, reckless, and negligent.
Elements
The basic parts or components of a crime and its essential features are referred to as the____ of crime.
retreat
The castle exception is an exception to the _____ rule.
Harm/resulting harm
The concept of causation refers to the fact that the concurrence of a guilty mind and a criminal act must produce or cause:
void-for-vagueness
The constitutional principle that refers to a statute defining a crime that is so unclear that a reasonable person of at least average intelligence could not determine what the law purports to command or prohibit is the _______ principle.
Seriousness (of an offense)
The degree of a crime is its level of:
Bill of Rights
The first ten amendments to the U.S. Constitution are known as
General intent
The form of intent that can be assumed from the defendant's behavior is:
reasonable person
The legal concept of the _____ envisions a person who acts with common sense and who has the mental capacity of an average, normal, sensible human being.
Substantive criminal law
The part of the law that defines crimes and specifies punishments is
Proximate cause
The primary or moving cause that plays a substantial part in bringing about injury or damage is called:
Due process of law
The procedures that effectively guarantee individual rights in the face of criminal prosecution are known as
principal in the first degree
Under common law, the individual who actually committed the crime was the _____.
Norms
What are the unwritten rules that underlie and are inherent in the fabric of our society?
prostitution, gambling, "crimes against nature" (sexual deviance), illegal drug use [Crimes against public order, the administration, public decency and morality.]
Which of the following would be an example of a social-order offense?
Deadly
_____ force-the highest degree of force-- is considered reasonable only when used to counter an immediate threat of death or great bodily harm.
Consent
_____ is available as a defense only if lack of consent would be an element of the crime.
Legal
_______ cause is the type of cause that is required to be demonstrated in court in order to hold an individual criminally liable for causing harm.
Criminal solicitation
_______ occurs when one person requests or encourages another to perform a criminal act.
Excuse(s)
are a category of legal defenses in which a defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.
Complicity
is involvement in crime either as a principal or as an accomplice.
Motive
is not an essential element of a crime.
Stare decisis
is the legal principle that requires that courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them regarding subsequent cases on similar issues of law and fact.
Concurrence
is the simultaneous coexistence of an act in violation of the law and a culpable state of mind.
Statutory
law is in the form of formal written codes made by a legislature or governing body with the power to make law
Common
law originates from use or custom rather than from written statutes
Insanity is a_____ defense.
mens rea
Abandonment (or renunciation)
or the voluntary and complete abandonment of the intent and purpose to commit a criminal offense is a defense to the charge of an attempted crime.
Laws
refer to that which is laid down, ordained, or established- a body of rules of action or conduct prescribed by controlling authority, and having a binding legal force.
Judicial Review
refers to the authority of a court to review the actions of the executive and legislative branches and to declare as void those not consonant with the Constitution.
Corpus delicti
refers to the facts that show that a crime has occured, and literally means the "body of crime".
Canons of construction are:
rules that guide courts in interpreting constitutions, statutes, and other law.
