Criminal Law Final (2)

Front 1

An unfinished crime that generally leads to another crime is known as a:

Back 1

Inchoate crime

Front 2

T/F: The 3 types of inchoate crime discussed in class were criminal attempt, criminal conspiracy and criminal jurisprudence.

Back 2

False

Front 3

T/F: Mere preparation to commit a crime is generally sufficient to constitute the crime of criminal attempt.

Back 3

False

Front 4

A legal test popular in England in the late 19th century which was abandoned amidst charges that the test made it impossible for law enforcement to prevent commission of a substantive crime is known as the:

Back 4

Last act test

Front 5

Lying in wait, unlawful entry of a structure with the intent to commit a crime, possessing materials to be employed in a crime and reconnoitering a place contemplated for the commission of a crime are examples of:

Back 5

Substantial Steps

Front 6

A defense to a charge of attempted criminal activity that claims the defendant could not have factually of legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so is the defense of:

Back 6

Impossibility

Front 7

T/F: The 3 main elements for the crime of conspiracy are 1) an agreement between 2 or more people, 2) the intention to carryout an act that is unlawful or 1 that is lawful but is to be accomplished be unlawful means and 3) a culpable intent on the part of the defendants.

Back 7

True

Front 8

T/F: The logical/legal requirement that a conspiracy must involve 2 or more parties is known as the Plurality requirement.

Back 8

True

Front 9

The encouraging, requesting or commanding another to commit a crime is known as:

Back 9

Criminal Solicitation

Front 10

A person whose acts directly resulted in the criminal conduct in question as discussed in class is the:

Back 10

Principal in the 1st degree

Front 11

A person whose is present at the crime scene and who aided, abetted, counseled, or encouraged the principal as discussed in class is known as:

Back 11

Principal 2nd degree

Front 12

T/F: the degree of criminal blameworthiness of 1 who ids, abets, encourages or assists another person in the commission of a rime is called accomplice liability.

Back 12

True

Front 13

Criminal liability placed on 1 party for the acts of another is known as:

Back 13

Vicarious liability

Front 14

The 2 main types of defenses discussed in class were:

Back 14

Legal and factual

Front 15

The 2 forms of legal defenses discussed in class were:

Back 15

Justifications and excuses

Front 16

T/F: a justification defense is where the 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.

Back 16

False

Front 17

An answer to a criminal charge in which the defendant takes the offensive and responds to the allegations with his/her own assertions based on legal principle is known as:

Back 17

Affirmative defense

Front 18

A type of criminal defense that must be raised and supported by the defendant independently of any claims made by the prosecutor is known as:

Back 18

Affirmative defense

Front 19

T/F: a necessity defense is often available where an actor commits a criminal act reasonably believing it to be necessary to do so to avoid the occurrence of a greater harm.

Back 19

True

Front 20

When a defendant admits to committing the act in question but claims it was necessary to avoid some greater evil known as a:

Back 20

Justification defense

Front 21

Consent is which of the following types of defenses:

Back 21

Justification defense

Front 22

T/F: self-defense is based on the recognition that individuals have the inherent right to protect themselves and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations.

Back 22

True

Front 23

T/F: Bruno mars watches Justin Timberlake unlawfully start a fight with Pharrel Williams. Pharrel williams begins to get the best of Justin Timberlake , so Bruno Mars steps in to hel Justin Timberlake. Bruno Mars may NOT escape criminal responsibility be claiming that his action was the legitimate defense of others.

Back 23

True

Front 24

A form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious as discussed in class is known as:

Back 24

Apparent danger

Front 25

The degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary to one's self, one's property, a 3rd party is known as:

Back 25

Reasonable force

Front 26

A rule that says a person can only defend a 3rd party under the circumstances and only to the degree that the 3rd party could act is known as the:

Back 26

Alter-ego rule

Front 27

An exception to the retreat rule that recognizes a person's fundamental rights to be in their own home and also recognizes the home as a final and inviolable place of retreat as discussed in class is known as the:

Back 27

Castle exception

Front 28

T/F: a defense to a criminal charge, such as assault, that is often codified and that precludes the possibility of the police officers and other public employees from being prosecuted when lawfully exercising their public duties is known as execution of public duty defense.

Back 28

True

Front 29

T/F: most states have a "fleeing felon rule"

Back 29

False

Front 30

Justin Bieber kidnaps Katy Perry and John Mayer at gunpoint. Justin Bieber then drives them to a bank and tells John Mayer to go and rob the bank or else he will kill Katy Perry. John Mayer robs the bank. John Mayer's defense to a charge of bank robbery would be:

Back 30

Duress

Front 31

Lack of knowledge of some fact relating to the situation at hand is known as:

Back 31

Ignorance of fact

Front 32

T/F: culpable ignorance is an individual's failure to exercise ordinary care to acquire knowledge of the law that may result in criminal liability.

Back 32

True

Front 33

A defense that is built on the assertion that, had it not been for government instigation, no crime would have occurred is known as:

Back 33

Entrapment

Front 34

A complex of signs and symptoms presenting a clinical picture of a or disorder as discussed in class is known as a:

Back 34

Syndrome

Front 35

T/F: A person is found competent to stand trial if they, at the time of trial, have sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings.

Back 35

True

Front 36

NGRI stands for:

Back 36

Not Guilty by Reason of Insanity

Front 37

T/F: GBMI stands for guilty but mentally ill

Back 37

True

Front 38

All of the following are challenges to a successful insanity defense EXCEPT:

Back 38

Time spent in court

Front 39

T/F: the time frame that competency to stand trial focuses on is the time of the crime.

Back 39

False

Front 40

The Durham Rule is also known as the:

Back 40

Product Rule