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83 Cards in this Set
- Front
- Back
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A person could be an accomplice to a crime through many actions that help or promote the crimes commission, including |
A. Being a lookout during the criminal act |
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One reason the criminal law holds an accomplice accountable to the same extent as a principal actor is |
D. An accomplice willingly consents to the same liability |
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An accessory after the fact might provide the principal or accomplices several forms of Aid and assistance, including |
C. A place to hide. |
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For accomplice liability, the law requires an actus reus that contributes to the commission of a crime by an |
A. Affirmative act or by an omission |
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A person's unpremeditated presence at a crime scene with the attention of providing assistance |
C. Does not establish liability if that person is never called upon for assistance. |
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A person is an accomplice if s/he |
A. Possesses the intent to support or encourage the commission of the crime. |
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____ is the mental state of intent that makes one liable as an accomplice. |
C. Purpose |
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When primary actors think that they are receiving assistance by someone who actually tries to set them up, the assistant is called a |
Feigning accomplice |
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Legal encouragement by the police as agents provocateur could include |
D. All the above are correct. |
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Additional criminal acts committed during the commission of a planned crime will be considered a natural and foreseeable consequence if they |
D. Are necessary to accomplish the original criminal goal. |
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To allow prosecution of an accomplice for aiding and negligent or Reckless act, a majority of jurisdictions require that the accomplice have intent to Aid or encourage the general behavior that negligently or recklessly caused harm, |
D. But they do not require intent that the principal commits the specific crime |
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An innocent agent or instrumentally requires, in part, that the accomplice be |
A. Unable to form intent |
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A person who is used as an innocent agent and can prove_____ will not be held liable for criminal offense. |
B. duress |
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Criminal statutes may be unconstitutional because |
B. Of the way in which they are applied by government officials |
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The US Supreme Court has legally recognized, within the concept of personal privacy, the right |
D. All of the above are correct |
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Substantive criminal law is enforced through |
A. Procedural criminal law |
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The sources of procedural criminal law include Article 1 of the US Constitution and |
D. All of the above are correct |
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Over time, the courts have held that_____ encompasses the multiple procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property |
C. Due process |
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A possible characteristic of an ex post facto law includes the fact that |
A. It Alters the legal Rules of Evidence, allowing evidence of guilt that is lesser or different from what the law required at the time of the commission of the offence by the offender |
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The sixth amendment in the due process Clauses of the fifth amendment in the 14th Amendment require that the law provide |
D. Fair notice of the charges |
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Under the due process clause of the Fourteenth Amendment, criminal statues must not be |
Deep. All of the above are correct |
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____ has NOT been found to be unconstitutional. |
D. A federal statute that provides that murdering a "Federal egg inspector" can be "Capital crime" |
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The substantive rights specifically enumerated within the Bill of Rights include the right to |
D. All of the above are correct |
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The right of the people to assemble publicly is not absolute because |
A. Public assembly May threaten Public Safety, peace, and order, the government has the right to impose reasonable restrictions on the time, place, and manner of assembly |
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When it comes to anti-loitering statues, American courts |
B. Have found these laws unconstitutional when they are found to be vague, such as by failing to give fair warning of the precise conduct that is prohibited |
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The US Supreme Court differs from organizations like the National Rifle Association in its interpretation of the Second Amendment because |
A. The US Supreme Court has held that this provision must be read in conjunction with the other Clause of the 2nd Amendment referring to a "well regulated militia" |
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The Eighth Amendment to the US Constitution prohibits |
C. Cruel and unusual punishment |
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The U.S. Supreme Court has interpreted the Eighth Amendment requirement of _____ to mean that the punishment inflicted for a criminal violation should not be grossly inappropriate for the crime committed. |
D. proportionality |
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The, which can be seen in several specific Amendments in the Bill of Rights. Three are listed below, _____ is NOT one of these special rights and protections that the U.S. Constitution requires for an accused criminal? |
D. the First Amendment's right to freedom of expression, which means that the defendant has the right to tell his or her version of events in a public courtroom |
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____ is a formal definition of crime. |
D. All the above are correct |
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Punishment for criminal and civil wrongdoing in Anglo-American law differs in |
C. condemnation and stigma that accompanies the conviction of a crime. |
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_____ is a criminal act. |
C. "Committing an omission such as neglecting to take care of a sick child, leading to that child's death" |
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Tort liability is different from criminal liability in that |
A. a crime is committed against the community at large, but a tort is a wrong against a specific individual only. |
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_____ is not a major category of crime. |
B. public order offenses |
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A level of homicide provided for in some jurisdictions is |
first-degree murder |
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Modern law defines a _____ as a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less than one year. |
C. misdemeanor |
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____ would NOT be considered by a prosecutor in deciding whether to charge an offense as a felony or a misdemeanor |
D. the neighborhood in which the perpetrator resides |
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A criminal's _____ is different from a hope, desire, or wish. |
B. actus reus |
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The _____ usually consists of a voluntary action. |
D. actus reus |
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Situations that can diminish a person's criminal responsibility include |
D. All the above are correct |
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An example of a criminal omission is the failure to |
A. stop a murder or rape from occuring |
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The purpose of making possessory offenses a crime is to |
C. deter further criminal activity |
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____ is NOT used to describe the guilty state of mind required for criminal liability. |
A. knowledge |
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Motive is important as a matter of proof because |
C. it may help to identify the perpetrator of a crime or explain why a suspect may have acted in a particular way. |
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The intention to commit an act _____ is an example of specific intent. |
C. to achieve some further consequences beyond the conduct or result that constitutes the actus reus of the offense |
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To determine whether an act caused a specific result |
C. the accused person's act must be the cause-in-fact of the result. |
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The prosecution must prove beyond a reasonable doubt that the accused was the "but-for" cause of the social harm in order to hold him or her criminally responsible unless |
A. there are two independent causes that operate simultaneously, either of which could have caused the result |
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Criminal law is distinguished from all other law because |
B. criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit. |
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Many cultures do not make the distinction between secular (nonreligious) and _____ law that is so central to American culture. |
D. religious |
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All criminal law is _____; that is, crimes are defined by the legislatures of the states and the federal government. |
C. statutory |
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____ regularly refine and redefine the criminal law. |
A. Congress and state legislatures |
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Although modern criminal law is essentially statutory, the role of the courts is still required because |
C. criminal statutes often contain vague or general language that requires courts to interpret the statute's meaning when applied to a particular case. |
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The role of common law in today's modern criminal justice system |
D. is a predecessor of today's statutory criminal law. |
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Many states' modern criminal laws are the codification of common law crimes and when there is a question of statutory meaning, courts |
A. look to the common law definitions to help in understanding the term in question |
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Much of the reform English and American criminal law was influenced by |
B. Jeremy Bentham. |
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One reason for the decline of judicially created criminal law definitions is the principle of ______, which is a core concept of the American system of criminal justice. |
C. legality |
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Since the Civil War, federal criminal law has |
A. expanded to overlap areas that previously were within the exclusive province of the states. |
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The principle purpose of the criminal law is to |
A. prevent and control crime. |
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Generally, the criminal law seeks to sanction only those persons who voluntarily commit |
C. an unlawful act (actus reus) accompanied by the appropriate guilty mental state ( mens rea), under circumstances that did not involve excuse or justification. |
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The ____ distinguishes criminal law from other law. |
B. imposition of punishment for its violation |
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The utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according to the |
D. amount of social harm they caused. |
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Procedural criminal law dictates the methods and the means by which the state proceeds, through the police, public administrators, and the courts, to enforce rights or duties of the |
D. substantive law |
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Such penalties as payment of a large civil judgement or loss of a license to practice a profession constitute |
C. civil penalties. |
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When the 13 colonies were established in America, they adopted England's |
B. common law. |
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The criminal process most often begins with |
A. an arrest. |
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The Model Penal Code (MPC) is a comprehensive recodification of the principles of |
B. criminal responsibility. |
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______ is one of the four basic police functions. |
C. Prevention |
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_____ are criminal acts that are punished before the ultimate or intended harm occurs. |
A. Inchoate crimes |
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If a defendant "attempted to murder" someone by swatting him or her over the head with a fly swatter, the defendant would likely be able to prove that he or she did not have the ____ to murder, because it is impossible to kill someone in this manner. |
C. mens rea |
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Which of the following exists when the intended acts, even if completed, would not have amounted to a crime? |
D. legal impossibility |
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Which of the following is a defense used when a person's intended end constitutes a crime, but the actor does not complete the act that would have been a crime because of circumstances unknown to him or her or beyond his or her control? |
B. Factual impossibility |
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A defendant may not succeed in completing a crime and will not be liable for the attempted crime if |
D. the defendant chooses to not carry out the initial actions needed to begin to implement the criminal act. |
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The crime of attempt requires the ____ that, if carried out, would have resulted in the commission of the substantive crime. |
C. specific intent to commit an act |
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Solicitation exists only if the crime solicited has been |
A. inquired about. |
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Which of the following is an agreement between two or more people to commit an unlawful act or acts or to do a lawful act unlawfully? |
B. conspiracy |
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The crime of ____ is said to exist as a necessary and important aid to law enforcement because secret enterprises threaten society and are extremely difficult to detect. |
B. conspiracy |
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It is generally accepted that a defendant cannot be held liable for an attempt unless he or she has committed |
B. the actus reus to further his or her plan. |
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The ____ test, established in the English case of Regina v. Eagleton, is no longer utilized because most lawmakers believe that a person does not have to take the very last step to be criminally culpable. |
B. last act |
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Under the _____ test, the perpetrator need not have advanced so far as the last act, and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time of the intervention of the police. |
C. physical proximity |
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Under the ____ test, a person is guilty of attempt when his or her conduct is very close to success, or when an act is so near to the result that the probability of success is very great. |
D. dangerous proximity |
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under the ____ test, a suspect who has not yet gained control over a neessary instrumentality of the criminal plan cannot be guilty of attempt. |
A. indispensable element |
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Abandonment is a valid defense when |
A. the defendant has had a change of heart on his or her own, because of a sincere belief that furtherance of the act is wrong. |
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An argument against the abandonment defense is that it |
D. allows an actor to undo criminal plans by renunciation and avoid punishment, a possibility that may encourage persons to take preliminary steps toward a crime. |
