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91 Cards in this Set

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  • Back

The right to trial by jury in cases involving serious offenses is laid out in which Amendment?

6th Amendment

The promise to appear in court after being released from booking is called recognizance. T or F

T

The _____ of a court is the scope of its power or authority to act with respect to any case before it

Jurisdiction

People recognize some actions may be immoral even though they are not illegal. T or F

T

The American criminal justice system is viewed as a collaborative effort between the prosecution and defense to ensure truth and justice are best served. T or F

F

At common law and in federal courts, a felony can be charged with either a grand jury indictment or the proper filing of information. T or F

F

There is a juvenile court system in every state. T or F

T

It wasn't until the 14th Amendment that the Bill of Rights came to apply to states as well, with the exception of what?

8th Amendment ban on excessive bail and 5th Amendment prosecution of serious crimes only by indictment

All sexual offenders who committed their crimes prior to Megan's Law do not have to register themselves due to the ex-post facto law doctrine. T or F

F

In the American Criminal justice system, proportionality is defined in the same way for all states in order to make it uniform. T or F

F

What is the Rule of 4 at SCOTUS?

Votes required for SCOTUS to hear a case

While the content and implementation of all criminal laws must be consistent with the federal Constitution, it is true that many enacted laws, both state and federal, are later found to raise constitutional problems. T or F

T

An omission can be viewed as a crime and lead to criminal liability. T or F

F

Which is not a felony? homicide robbery shoplifting arson

shoplifting

The guilty mind is known as actus reus. T or F

F

There is no mens rea in a general intent crime. T or F

F

Double Jeopardy is protected by which amendment?

5th

An individuals single act may constitute both a crime and a tort. T or F

T

The most common way to classify crimes is according to their ____.

punishment

All modern-day felony offenses involve some degree of violence. T or F

F

Burglary is which type of crime? general intent, specific intent, strict liability

specific intent

The MPC along the NJ Code of Criminal Justice designates four kinds of mens rea. Which is not one of those designations? Wantonly, knowingly, recklessly, purposely, negligently

Wantonly

When distinguishing accomplice liability, which of the following is not held to the same severity as the crime committed? Principal in the first degree, second degree, accessory before the fact, accessory after the fact.

Accessory after the fact

An agent provocateur and an entrapper are distinct because: An entrappers involvement with the suspect is critical in convincing the suspect to commit a crime he/she otherwise wouldn't commit, Agent provocateurs are not always agents of the government, Entrapment is illegal while acting as an agent provocateur is legal.

all of them

When a person who aids and abets decides to detract from all criminal activity, it is called abandonment. The elements of abandonment include all of the following except:

The accomplice terminating communication with the principal actor at some point after the crime, but before any arrests are made

Accomplice liability, also referred to as complicity, does not constitute an independent criminal offense. T or F

T

The getaway driver in a bank robbery, part of the original plan, under both common law and MPC is considered an accessory after the fact. Accordingly, he/she will be sentenced under a more lenient statute. T or F

F

The three most popular inchoate crimes are

attempt, conspiracy, and solicitation

What steps must be taken to produce a valid abandonment defense?

renounce ones intent and leave the scene of the crime, retrieve any materials that were going to be used from the crime area, report intent to authorities

A conspiracy must be a group of people conspiring together. T or F

F

The agreement between 2 people constitutes which of the following crimes:

conspiracy

What are the two principle defenses to an attempt crime? Impossibility, insanity, abandonment, mistake of fact

Impossibility and abandonment

After what state is a person liable for criminal punishment according to the six-stages of committing a crime? 2nd-evaluates the idea, 3rd-forms the intention to go forward, 4-prepares to commit the crime, 5-commences commission of the offense

4-prepares to commit the crime

An individual can be convicted of solicitation only if the crime requested has been agreed to, completed, or attempted. T or F

F

Unlike the merging of attempt and successful completion of the attempted crime into only one crime, defendants can be convicted of both the completed criminal offense and conspiracy to commit the substantive crime. T or F

T

A person can use force to defend property if they reasonably believe that the use of force is necessary to avoid danger. T or F

T

Under the common law, children under the age of ___ were considered conclusively incapable of realistically forming the evil state of mind necessary for legal culpability. 14, 7, 10, 5, not listed

7

Voluntary intoxication can be used as a defense to general intent crime. T or F

F

Insanity is NOT an affirmative defense in a trial case. T or F

F

Which of the following is NOT a defense based on excuse? Age/infancy, self-defense, intoxication, diminished capacity

self-defense

In a bifurcated trial, what two separate decisions must be made by the jury? Circle two: whether the defendant is guilty or not guilty, what punishment they will receive, whether a verdict of not guilty by reason of insanity applies, allow time for a diminished capacity test

whether the defendant is guilty or not guilty, what punishment they will receive

People v. Goetz: the NY notorious subway shooter shot four youths who had demanded he hand over $5. Although there was no evidence any of the youths had weapons or threatened Goetz with physical violence, he was acquitted of attempted murder and only found guilty for carrying a concealed weapon. T or F and why

T. Jury nullification

Under the burden of proof 'beyond a reasonable doubt', it is up to the prosecution to present evidence which will allow each juror to be absolutely certain of the defendant's guilt. T or F

T

Under NJ statutes, there is a duty to retreat, unless the defendant can prove which of the following? NJ has a no duty to retreat law, in one's dwelling, privileged to be in someone else's dwelling

in ones dwelling, privileged to be in someone else's dwelling

The difference between murder and manslaughter according to common law definitions is the element of motive. T or F

F

The majority of jurisdictions today, have adopted the common law definition of death, i.e., when there is permanent cessation of respiration and heartbeat. T or F

F

A man attempting to kill his friend who stole his girlfriend accidentally shoots and kills a bystander with a stray bullet. The shooter would be charged for both murders under the: But-For test, Felony Murder Rule, Premeditation and Deliberation Rule, The shooter would not be charged with both murders.

But-For Rule, Felony Murder Rule

Our soldiers in Afghanistan are not held criminally liable for killing the enemy on the basis of what affirmative defense: War Crimes Act, Justification, Excuse, Soldiers Mitigation

Justification

All 50 states adopted Megan's Law. T or F?

T

In NJ Statutes what law is emplace of a battery charge? Assault, Aggravated Assault, Simple Assault, Conditional Assault

Aggravated Assault

The following people have a duty to care for the child except for: parent, guardian, teacher, neighbor, not listed

ALL

When can Lawful Restraint be used? Shopkeepers rule, confining a friend that owes another money, sobriety checkpoint

shopkeepers rule, sobriety checkpoint

What is the culpable level of mens rea for the crime of kidnapping? recklessly, negligently, purposely, knowingly

purposely

Under NJ rape shield statutes, the prior sexual conduct of a sexual assault victim is only allowed into testimony if it can be shown the victim was a prostitute. T or F

F

When distinguishing between degrees of robbery, the amount of money is the primary factor. T or F

F

Today arson is considered a _______ crime. fraud, accident, general intent, specific intent

general intent

Consent can never be a valid defense to burglary. T or F

F

The only difference between Breaking and Entering and Burglary is that burglary requires specific intent.

T

Which of the following is not an element of burglary? illegal entry, entering of a dwelling, intent to commit a crime

all are correct

What is an example of constructive entry? Offender breaking a window to enter a building, offender stealing someones key and entering the persons home, offender being welcomed into one's house, offender has a trained monkey break into a jewelry store and steal diamonds

Offender has a trained monkey break into a jewelry store and steal diamonds

Possession of burglar's tools is a separate crime to burglary. T or F

T

If an offender was to burn down an outhouse outside someone's home, it is considered arson. T or F

T

What kind of intent is arson?

General intent

Larceny has been committed if one takes another's property without consent with the intent to return it, but that property is accidentally destroyed while in the taker's possession. T or F

T

Larceny and Robbery can be distinguished by larceny requiring the taking through fear or force, and robbery having no such requirement. T or F

F

What distinguishes joyriding from larceny? Taking with the use of force or fear, requirement that the object be of substantial value, absent is the requirement of intent to permanently drive, requirement that larceny is a specific intent crime.

absent is the requirement of intent to permanently drive

Which is required for forgery to occur? unregulated creation, constructive possession, by a public official or officer, to be in writing

to be in writing

To be guilty of receiving stolen property, one does not need to know that their newly acquired property was stolen. T or F

T

What is considered when a person voluntarily gives up their property? Theft, Extortion, Forgery, Abandoned Property

Extortion

If an actor steals an object with the intent to keep it, it does NOT matter if he later changes his mind and decides to return the object. T or F

T

Larceny is a ______ intent crime

specific

Gaining the property by threat of future harm to a person or property by a public official under color of his or her office.

Extortion

Giving money to public officials to gain an advantage that they are not otherwise entitled to

Bribery

Threat by a private citizen seeking hush money

Blackmail

Tax evasion is a specific intent crime. T or F

T

The government can only use direct evidence to prove a tax deficiency. T or F

F


The elements of mail fraud include a scheme to defraud, with the intent to defraud, while using any mail carrier in furtherance of that scheme. T or F

F

Which of these does not qualify as a form of substantive fraud in relation to securities fraud? Price fixing, insider trading, churning parking, all

price fixing

Exhibitionism is the act of exposing one's genitals to an unsuspecting stranger or strangers, for the purpose of achieving sexual excitement and includes people who accidentally expose themselves by undressing in their own homes and forgetting to close the blinds. T or F

F

The _____ of pornography is considered a crime. Sale, distribution, possession, none listed

none listed

When charged with nuisances most likely it will be a criminal case. T or F

F

Which of the following are not strict liability offenses? Speeding, reckless driving, burglary, statutory rape

burglary

As SCOTUS ruled in the Papachristou case, vagrancy statutes are typically unenforceable for which of the following reasons? principle of legality, nullem crimen sine lege, vagueness, ex post facto

vagueness

What vehicle allows pornography stores to set up in local communities in NJ and avoid the NJ criminal statutes against obscenities? principle of legality, ordinances, nullem crimen sine lege, pro obscenity laws

ordinances

The mens rea typically required in traffic offenses is: knowingly, purposely, recklessly, negligently, not listed

not listed

To be convicted of a DWI/DUI offense, the defendant must be under the influence and actually driving the vehicle. T or F

F

Which narcotic was used as a painkiller on the battlefields of the civil war, sending many soldiers home with addicitons? morphine, opium, oxycodone, cocaine

morphine

In an attempt to control opiate addiction, congress passed this law requiring that product labels specify the amount of drugs in the product: drug control bill, opiate act, federal pure food and drug act, harrison act

federal pure food and drug act

In order to obtain a conviction for possession with intent to sell, the state must prove that the defendant intended to sell controlled substances to another person. T or F

T

DUI statutes in most states can require drivers arrested for driving under the influence to submit to all test but which of the following: blood, breath, urine, saliva

saliva

In the application case Robinson v CA, the US courts addressed which of the following issues regarding the defendant's conviction for being a drug addict? Discrepancies between state and federal laws, The merging of the crime of being a drug addict and being in possession of illegal drugs, the fact that one cannot be prosecuted merely for being a drug addict

the fact that one cannot be prosecuted merely for being a drug addict