Criminal Law: Exam 1

Front 1

Name the 7 elements of Burglary in common law?

Back 1

Breaking, Entering, Dwelling house, Another, Nighttime, Felony, Therein

Front 2

What is English Common Law?

Back 2

cases from various English Courts

Front 3

What were rules created by congress and by state and local legislatures?

Back 3

Statutory Law

Front 4

Name 2 Purposes of Criminal Law?

Back 4

-To punish wrongdoers
-To protect society.

Front 5

name the two types of deterrence:

Back 5

General and specific

Front 6

Name two ways to classify a crime?

Back 6

-Mala in se
-Mala prohibita

Front 7

what are acts which are not only crimes, but are also considered morally wrong, such as rape, murder, and theft?

Back 7

Mala in se

Front 8

What are crimes, but are not considered morally wrong, such as insider trading, or failure to have a business license. They are wrong simply because they are prohibited by a statute?

Back 8

Mala Prohibita

Front 9

List the hierarchy of crimes.

Back 9

-Felonies
-Misdemeanors
-Infractions, such as spitting on a sidewalk

Front 10

Name some ramifications of a felony conviction:

Back 10

-Prevent you from being able to get a job, enter the armed forces, adopt a child, or obtain credit.

Front 11

A ____ is an offense against the public in general, in violation of a statute, and for which punishment be imposed.

Back 11

Crime

Front 12

A ______ is a civil wrong, which is not a breach of contract, and for which there are remedies in the form of damage and/or injunction.

Back 12

Tort

Front 13

A_____ violates private interest and give rise to civil liability.

Back 13

Tort

Front 14

What was developed in 1952 by the American law institute as a guide?

Back 14

Model Penal Code

Front 15

What was designed to decrease creation of criminal laws in "piecemeal fashion"?

Back 15

Model Penal Code

Front 16

What do approximately 2/3 of states refer to when drafting their laws?

Back 16

Model Penal Code

Front 17

The code of Hammurabi was the first of _____ codes.

Back 17

Criminal

Front 18

How many amendments have been made to the Constitution?

Back 18

27

Front 19

Which amendment gave 18 year olds the right to vote?

Back 19

26

Front 20

What said that although laws were designed to protect society, the inbridled implementation by government agents gave rise to the need to place limitations on the government?

Back 20

Rationale

Front 21

What refers to the type of case a court may hear?

Back 21

jurisdiction

Front 22

What is the geographical location where a trial should be held?

Back 22

venue

Front 23

What is the first motion that should be made at trial?

Back 23

To change venue.

Front 24

What says that there is no mention of a right to privacy in the Constitution; however, the Supreme court has determined it to be substantive right under the dues process and freedom clauses?

Back 24

Right to Privacy

Front 25

True or False: Venue refers to the power of a court to hear certain types of cases.

Back 25

False

Front 26

What amendment guarantees the right to privacy?

Back 26

None

Front 27

May a person be tried for an offense in s state court after having been convicted of the same offense in federal court?

Back 27

Yes

Front 28

The equal protection clause guards creating suspect classifications in what two major areas?

Back 28

Race and alien-age

Front 29

Why are there two due processes clauses in the constitution?

Back 29

one protects an individual from actions of the federal government and one protects individuals against the actions of state government.

Front 30

Why are ex post facto laws unconstitutional?

Back 30

The criminalize acts that were innocent when committed.

Front 31

What is an illegal act, the act or failure to act that constitutes a crime?

Back 31

Actus reus

Front 32

What is the mental state required to constitute a crime?

Back 32

Mens Rea

Front 33

what is a strange word that means the degree of knowledge that makes a person criminally liable for the act?

Back 33

scienter

Front 34

What is the state of mind in which the defendant was did not intend?

Back 34

general intent

Front 35

What occurs when the defendant does not intent to harm but should have known it created harm?

Back 35

Constructive intent

Front 36

What occurs when a person intends to ham one person but instead harms another person?

Back 36

Transferred Intent

Front 37

What is a gross deviation from the standard of care required by an individual?

Back 37

Crime Negligence

Front 38

___________: some of the mala prohibita crimes do not require proof of culpability; mere proof the act was done in sufficient to convict the individual?

Back 38

Strict and vicarious liability

Front 39

Name some examples of strict and vicarious liability

Back 39

-selling impure of unadulterated food
-selling prohibited beverages to minors
-Selling misbranded or mislabled articels
-Driving without a license.

Front 40

Under General requirements for Culpability; a person is not guilty of committing an offense, unless he acts:________,_________,________ ______________.

Back 40

Purposely, knowingly, recklessly, negligently

Front 41

What is asking, encouraging or soliciting another person to commit a crime?

Back 41

Solicitation

Front 42

What is an agreement between 2 or more parties to commit a crime?

Back 42

Conspiracy

Front 43

A specific intent to commit a crime, couples with an act furtherance thereof, that goes beyond mere preparation?

Back 43

attempt

Front 44

Who is one who promotes of assists another in the commission of a crime?

Back 44

Accomplice

Front 45

Who is one who, after the commission of a crime, aids, conceals or warns a principal to avoid arrest, prosecution, conviction, or punishment for the crime?

Back 45

Accessory

Front 46

Name 3 problems with the element of solicitation

Back 46

-Communication to the other party
-Request to commit a "legal" act
-Withdrawal

Front 47

in ____________ the crime is complete even without effective communication.

Back 47

Communication to the other party

Front 48

______: no liability even after if the actor believes the act is a crime.

Back 48

Request to commit a "legal" act

Front 49

_______: there is no liability of it is complete and voluntary

Back 49

Withdrawal

Front 50

Name 4 Problems with conspiracy

Back 50

- at least 2 persons must agree to commit a crime.
-Withdrawal from the conspiracy after the crime has been committed is not a defense.
-Each defendant is jointly guilty of the crimes of co-conspirators.
-Duration: the conspiracy lasts until ass the objectives of the conspiracy are completed.