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20 Cards in this Set
- Front
- Back
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30.) How is intoxication regarded, as it applies to the defense of committing a crime which requires specific intent? |
You have to be so intoxicated that you didn't know you committed a crime while being under the influence. |
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31.) The "Total body of the crime", often referred to as the elements of the crime, but is actually the definition of the crime, is called what? |
Corpus Delicti |
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32.) What is needed to prosecute someone for a failure to act? |
Proof of Corpus Delicti the prosecution must establish the corpus delicti of a crime, and failure to do so is a bar to further prosecution can't go beyond prima facie. |
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33.) PC 20 says, in order to constitute a crime, there must be a unity of what? |
There must be jurisdiction |
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34.) That which produces an event and without which event could not have occurred is called what? |
An act outside the state |
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35.) Mens rea is most often proved by: a. Revelations made during hypnosis b. eyewitnesses c. brain scans d. Inference from a person's actions |
D.) Inference from a person's actions |
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36.) That which is so aggravated or reckless, that it shows indifference to the consequences and a disregard for human life, is referred to as what? |
Criminal Intent-----How manifested |
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37.) All but one of the following is a defense to a crime under PC 26. Indicate the one that is not. a. Honest mistake of the fact b. Unconscious of the nature of one's acts. c. No knowledge that a law prohibiting the act existed. d. Accident and misfortune. |
A.) Honest mistake of the fact. |
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38.) Which person's are legally incapable of committing a crime? |
1. Children under the age of 14 2. Persons who are legally incapacitated 3. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent. 4. Persons who committed the act charged without being conscious thereof. 5. Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was evil design, intention, or wrongful negligence. 6. Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused. |
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39.) Which of the following best fits the current insanity test? a. Under influence of drugs or alcohol b. Unconscious while committing the act. c. IQ of 10 to 24 on the Binet Scale. d. Incapable of distinguishing right from wrong. |
D.) Incapable of distinguishing right from wrong |
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40.) It is ultimately up to the courts to interpret criminal laws passed by legislative bodies True or False? |
True. |
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41.) How do the courts determine legal insanity? |
Insanity defined---PC 25 (b) under Prop. 8 the test for legal insanity is now whether a criminal defendant proves by a preponderance of the evidence that he\she was incapable. |
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42.) Which is true with regards to intoxication? a. It may be admissible (evidence of voluntary intoxication) solely to determine whether or not the defendant actually formed a specific intent crime is charged. b. It is never an excuse for the commission of a crime. c. Voluntary intoxication is not grounds for exemption from criminal responsibility. d. All of the above. |
D.) All of the above. |
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43.) Could "duress" be a defense? a. Yes, except in death penalty or capital crimes. b. Yes, even in death penalty or capital crimes. c. No. d. Yes, in only extortion cases. |
B.) Yes, even in death penalty or capital crimes. |
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44.) In a criminal case, only the defendant has a right to appeal. True or False? |
False. |
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45.) Which is true with regards to when evidence of motive may be admissible? a. To rebut a claim of insanity and to remove doubt as to one's identity. b.To show the intent with which the act was committed. c. To help determine the issue of justification or excusability of the act. d. All of the above. |
D.) All of the above.
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46.) In California, adolescents may be charged as an adult, as young as______years old? |
14 years old/
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47.) One who aids, abets,v advises and encourages the actual perpetrator in a crime is a? |
Is an accessory. |
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48.) The term "principal to a crime" applies only to felonies. True or False? |
True. |
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49.) The law prohibits suing someone for personal damages if he or she has already been convicted of a crime for the same act. |
The law does not prohibit this so the answer is NO. |
