Criminal Law Exam 1

Define Bill of Rights

-1st ten amendments -Protects the people from their government

The crime of solicitation is composed of which of the following elements?

-Asking, encouraging, or soliciting another to commit the crime -The intent that another party commit the crime

Mental State

-Cannot always be proven, but may be inferred from both the act and surrounding circumstances. -Circumstantial evidence may be allowed if it sheds light on the defendant's state of mind.

Right to Privacy

-Not explicitly guaranteed by the U.S. Constitution

Stanley v. Georgia

-Personal protection against illegal drugs is not protected -School drug testing is not a violation of the right to be free from unreasonable searches.

Define Crime

-a conduct that has been prohibited by law and; -subjects the offender to criminal ounishment

Criminal negligence:

-is gross negligence. -may constitute a gross deviation from the standard of care required of an individual. Incorrect -is culpable negligence.

The most common hidden anticipatory crimes include:

-possession of counterfeit dies -burglary -possession of burglary tools

Define Criminal Laws

-seek to establish minimal levels of social conduct and behavior -considered unjustifiable and inexclusable

Elements of Conspiracy

1. An agreement between 2 or more person 2. With specific intent (for the purpose of) 3. Achieving an unlawful objective or achieving a lawful objective in an unlawful manner 4. The commission of an overt act in the furtherance of the conspiracy.

Why we as a Society Punish??

1. Rehabilitation 2. Incapacitation (incarceration) 3. Retribution 4. Detterence

Elements of Solicitation

1. The intent that another party commit the crime. 2. Asking, encouraging, or requesting another party to commit a crime.

Elements of Attempt

1. The specific intent to commit a crime 2. An act or conduct to carry out the intent to commit the specific crime that goes beyond mere preparation.

Key Criminal Law Admendments

4th- Prohibits unlawful searches and seizures 5th- Protects against self-incrimination 6th- Guarantees legal counsel for the accused 8th- Prohibits cruel and unusual punishment

What amendments are applied to both federal and state governments?

5th amendment- protects individuals from the fed. gov. 14th amendment- protects indiv. from state gov.

Approximately what percent of crimes are prosecuted under state penal codes?

99%

Which of the following is true regarding the crime of solicitation?

A party may not be convicted of the crime if he is asking the other party to commit a legal act.

Define Accessory

A person who, AFTER commission of the crime, and with the specific intent of assisting the defendant in avoiding arrest/conviction, aids, conceals, or warns the defendant.

Define Accomplice

A person who, with the specific intent of promoting or assisting in the commission of a crime, aids, plans, or commits the crime (or, having a duty to prevent the offense, fails to do so).

The justifications for requiring actus reus are:

A. to prevent punishing a person for his or her thoughts. B. criminal laws should not be so broad as to punish people who entertain criminal thoughts only in their minds.

John and Judy were classmates and lived together. Judy was in love with John. John came home late one evening and told Judy that he had just stolen $5,000 from work. John asked to use Judy's car to flee to Mexico. Judy agreed, and John fled the jurisdiction of the state. Judy was arrested several days later. What crimes, if any, has Judy committed?

Accessory

Common Inchoate crimes

Accessory, attempt, conspiracy, misprision of felony, racketeer influenced and corrupt organizations act, solicitation, stalking, and mail/wire fraud

Define Conspiracy

An agreement between two or more parties for the purpose of achieving an unlawful objective or a lawful objective by an unlawful means where one of the parties to the conspiracy commits an overt act. Ex; Allan and Bob plan to rob a bank. In carrying out the plan they obtain the bank's blueprints and plot the best way to enter and exit the bank.

What's another name for inchoate crime?

Anticipatory or Preparatory crimes

Define Solicitation

Asking, encouraging, counseling, urging, requesting, or commanding another person to commit a crime, with the specific intent that the person solicited WILL commit the crime. -The person solicited does not have to commit the crime, or even act upon request. Ex; Allan gives Bob money to kill his wife, but Bob goes to the police instead.

The defendants were armed and planning to rob a payroll carrier. They were searching for the contemplated victim when they were arrested. What, if any, crimes have they committed?

Attempted robbery

Solicitation - Special Problems

Communication, Request to commit a legal act, Withdrawal, Agreement by Multiple Persons, Liability for Crimes of Co-Conspirators, and Duration.

Define Mala in se

Considered both morally wrong and criminally wrong ex; murder, rape, robbery, theft

Define Case Law

Court opinions that interpret the meaning and application of statutory laws.

Define Misdemeanor

Crime punished by incarceration in a local jail.

Define Felony

Crime punished by incarceration in a prison.

Criminal law is the study of three areas which are?

Crimes, Moral Principles, and Common Law

Define Mala prohibita

Crimes, but are not necessarily considered morally wrong. ex; fishing w/o a license, speeding, not coming to a complete stop

Where is common law in existence?

England & the U.S.

Define inchoate crimes

Failed or incomplete efforts to commit criminal misconduct.

Accessory - Special Problems

Failure to Report & Lack of Purpose to Impede the Justice System

The intent to commit the crime of attempt includes which of the following types of intent?

Intent to commit the substantive crime and specific intent to commit the crime of attempt.

Which of the following does actus reus not cover?

Intent to harm

Who wrote the Bill of Rights?

James Madison

Who writes case law?

Justices or Judges

Attempt - Special Problems

Legal Impossibility and Factual Impossibility

What is the distinguishing factor between felony and misdemeanor?

Location of incarceration

Which of the following is not a requirement for a transferred intent crime?

Malice towards the victim

What does the acronym MPC mean? Who wrote it?

Model Penal Code and Legal Academics

Cause

Proximate Cause: was the victim's injury a "direct and natural" result of the defendant's act? Factual Cause: "But for" the defendant's act, would the result have occurred?

Who makes the majority of criminal laws?

State Legislatures

Define Venue

The geographic location of where the defendant will be tried for the alleged criminal act.

Define Causation

The joinder of the act and the intent MUST combine to result in the legal (proximate) cause of the crime.

Define Jurisdiction

The power of the court system to exercise its authority over either a specific legal subject matter, or a specific person. *without the proper jurisdiction, the court system is powerless to act over a criminal defendant.

Define Attempt

The specific intent to commit a crime coupled with an act in furtherance of the crime that goes beyond mere preparation.

What is the key factor between mens rea and actus reus?

Time

What is the only crime statued by the U.S. Constitution?

Treason

What is the highest court in the U.S.?

U.S. Supreme Court

Preparation Test

Was the defendant preparing to commit the crime or did his acts go beyond preparation and into perpetration?

Probable Distance Test

What acts has the defendant completed and "would the defendant have stopped his conduct in committing the crime, given the actions he has already completed, absent outside intervening factors?"

Accomplice - Special Problems

Withdrawal & Liability

Define Statutory Law

Written law (codes) enacted by the representative bodies of the government (legislatures) Treatment= enacts, enforces, and interprets

Define Tort

Wrong committed against a private interest.

The victim was walking down the street when she was stopped and restrained by Defendant #1. Defendant #2 took the victim's wallet from her pocket. Can the defendants be charged with conspiracy?

Yes, since an agreement may be implied from the fact that the defendants acted jointly in carrying out the crime.

The term actus reus means:

guilty act

Preparatory crimes are also known as:

inchoate crimes

Scienter is the legal term meaning the degree of knowledge that:

makes a person criminally liable for his or her physical acts.

Vertical growth of criminal codes includes:

misdemeanors which may become felonies after a second or third violation.

A mandatory presumption:

requires the fact-finder to accept the existence of a fact.

The legal duty to act arises most often under:

statutory law

The crime of solicitation is complete when:

with the necessary intent, the defendant asks, counsels, urges, or requests another to commit the crime

One who withdraws after encouraging or assisting in the commission of a crime may escape liability if he or she:

withdraws before the crime is complete.