5 Written Questions
5 Matching Questions
- initial appearance
- Durham Rule
- felony-murder doctrine
- Mala in se
- a inherently evil, immoral in their nature and injurious in their consequences. Murder, rape, theft, etc.
- b within a reasonable time after arrest, the accused person must be brought before a magistrate and given a formal notice of the charge
- c a defense in which a person claims to have engaged in an otherwise criminal behavior because of the forces of nature. (cannibalism).
- d Under common law, the felony-murder doctrine maintained that any death resulting from the comission of, or attempt to commit, the crimes of arson, burglary, larceny, rape, or robbery was to be considered murder. In many contemporary legal statutes, the felony-murder doctrine provides that if a death occurs during the comission of a felony, the person committing the primary offense can also be charged with murder in the first degree.
- e the legal standard by which an accused is not held criminally responsible if he/she suffers from a diseases or defective mental condition at the time the unlawful act is committed.
5 Multiple Choice Questions
- is present when the circumstances of the crime show that the offender must have consciously desired the prohibited result.
- one who, knowing that a felony has been committed, receives, relieves, comforts, or assists the perpetrator to hinder apprehension or conviction.
- Cesare Lombroso, in the 19th century, developed a theory of crime causation based upon atavistic characteristics, based upon anthropological study. Atavism means a "throwback to some earlier stage in human evolution." The theory of atavistic characteristics has been proven false over the years. Atavism refers to physical defects.
- any want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation, duty, or matter under consideration. It is the citizens responsibility to acquaint themselves with local laws, however, if a jurisdiction has a law which is unique, citizens may use this defense. (Ex: driving a car that is legally banned)
- A person cannot be punished for his/her thoughts. For there to be a crime, there must be an act that is legally forbidden or the omission of an act that is legally required. An attempt may be construed as an act. The omission of an action which meets the acts' requirements when there is a duty to perform.
5 True/False Questions
Defense → a broad term that can refer to any number of situations that would serve to mitigate guilt on a criminal offense.
Omnibus Crime Control and Safe Streets Act of 1968 → Dif. asso. is a more developed cultural learning theory. Created by Sutherland, diff. asso. is the theory of crime that suggests that criminal behavior is learned in the same processes that non-criminal behaviors are learned. Criminal behavior is learned within the context of intimate social groups that are criminal (PEER LEARNING). In short, people become criminals because they encounter an excess of definitions favorable to violation of the law over defnitions favorable to law abiding behavior. This excess of definitions favorable to law violation, furthermore, is due to a majority of associations with criminals over non-criminals.
Labeling Theory → the concept of anomie was first introduced during the latter part of the 19th century by Durkheim, who described the phenomenon as a condition of normative confusion or "normlessness", which the existing rules and values have little impact. Robert Merton used this concept to develop a general theory of criminal behavior. Society, he suggests, has 2 component parts: culture and social structure. The culture consists of a set of norms, values, and attitudes that establishes the goals that individuals should pursue and the acceptable means/behavior patterns for achieving those goals. The social structure involves the organized set of social relationships in which the members o the society play their various roles. Conformity, Ritualism, Innovation, Retreatism, Rebellion.
booking → of the victim is any voluntary yielding of will of the victim causing him/her to agree to the act of the offending party. This defense has several elements. FIRST: the victim must be capable of giving consent. Excludes kids, the insane, the mentally defective. SECOND: the offense must be a "consentable" crime. Excludes murder, rape, etc. Some crimes consent cannot be given for. THIRD: the consent cannot be obtained by fraud. FOURTH: the person giving consent must have the authority to do so.
Insanity → any unsoundness of mind, madness, mental alienation, or want of reason, memory, and intelligence that prevents an individual from comprehending the nature and consequences of his or her acts or from distinguishing between right and wrong conduct. Legal, not medical, term.