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Study sets matching "criminal law test 2"

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Study sets matching "criminal law test 2"

84 terms
Criminal Law Test 2
Mala in se
Mala prohibitum
Criminal case pleadings
Nolo Contendere
Something that is inherently bad
Something that is bad per the law
Guilty, Not Guilty, Nolo Contendere
I will not contest it; Only value in pleading is if one is su…
Mala in se
Something that is inherently bad
Mala prohibitum
Something that is bad per the law
42 terms
Criminal Law Test 2
justification
self defense
apparent danger
deadly force
type of defense in which the defendant admits to committing t…
defense to a criminal charge that is based on the recognition…
form of imminent danger that is said to exist when the conduc…
force likely to cause death or great bodily harm
justification
type of defense in which the defendant admits to committing t…
self defense
defense to a criminal charge that is based on the recognition…
38 terms
Criminal Law Test 2
Justifiable Homicide
Affirmative Defense
Hazing
Deadly Weapon
Self defense,police shooting, execution, assistant suicide, k…
A fact or set of facts proven by the defense that defeats or…
an abusive, often humiliating form of initiation into or affi…
A gun or other instrument, substance or device, which is used…
Justifiable Homicide
Self defense,police shooting, execution, assistant suicide, k…
Affirmative Defense
A fact or set of facts proven by the defense that defeats or…
81 terms
Test 2 criminal law
Corpus delicti
Affirmative defense
Diplomatic immunity
Legislative immunity
A crime was committed
Any defense that assumes the complaint or charges to be corre…
"Diplomatic agent" shall enjoy full immunity from the crimina…
Article 1 section 6, US senators and representatives shall in…
Corpus delicti
A crime was committed
Affirmative defense
Any defense that assumes the complaint or charges to be corre…
45 terms
Criminal Law test 2
Criminal conduct
Defenses to criminal liability
Proving defenses in court
Perfect defense
Criminal act triggered by criminal intent
- Justification defenses: Defendants admit they were responsi…
-Affirmative defense: requires the defendant to raise the iss…
Defenses in which the defendants are acquitted if they're suc…
Criminal conduct
Criminal act triggered by criminal intent
Defenses to criminal liability
- Justification defenses: Defendants admit they were responsi…
91 terms
Criminal Law Test 2
Presentence Report
Reentry Program
Noncriminal Homicide
Malice
Prepared by the probation department, this contains a descrip…
This has three phases and is intended to reduce serious crime…
Classified as either "excusable" or "justifiable" and isn't s…
Having the intent to kill or seriously harm and another perso…
Presentence Report
Prepared by the probation department, this contains a descrip…
Reentry Program
This has three phases and is intended to reduce serious crime…
64 terms
Criminal Law Test 2
Common Law Presumptions
Common Law Presumptions
Common Law Presumptions
Relevancy Issues
Under age 7: conclusive (no rebuttal allowed) cannot form men…
7-13: rebuttable; cannot form mens rea so cannot commit crime…
14+: treated as an adult
Age at time of crime is critical; only consider chronological…
Common Law Presumptions
Under age 7: conclusive (no rebuttal allowed) cannot form men…
Common Law Presumptions
7-13: rebuttable; cannot form mens rea so cannot commit crime…
60 terms
Criminal Law Test 2
1) The unlawful taking and carrying aw…
Petty Larceny
Grand Larceny
The difference is that in Breach of Tr…
What are the elements for Larceny?
The theft of property or services valued at $2,000 or less an…
The theft of property or services valued at $2,000 or more an…
What is the difference between Larceny and Breach of Trust
1) The unlawful taking and carrying aw…
What are the elements for Larceny?
Petty Larceny
The theft of property or services valued at $2,000 or less an…
44 terms
Criminal Law Test 2
actus reus
mens rea
accessory before the fact
negligently
voluntary act that caused social harm; criminal act or omission
required mental state that caused social harm; criminal intent
individuals who help prepare for the crime; not physically no…
failure to be aware of risk and lacks standard of care that a…
actus reus
voluntary act that caused social harm; criminal act or omission
mens rea
required mental state that caused social harm; criminal intent
47 terms
Criminal Law Test 2
Is retaliation justification for use o…
Stand your ground rule
Queen v dudley and stephens
Which insanity test is the right wrong…
No
(self defense)... if one didn't start the fight he can stand his…
1884... established a precedent, throughout the common law world…
M'Naghten rule
Is retaliation justification for use o…
No
Stand your ground rule
(self defense)... if one didn't start the fight he can stand his…
21 terms
Criminal Law Test 2
born-alive rule
feticide
murder
manslaughter
the rule that to be a person, and therefore a homicide victim…
killing a fetus
killing a person with "malice aforethought"
killing a person without malice aforethought
born-alive rule
the rule that to be a person, and therefore a homicide victim…
feticide
killing a fetus
33 terms
Criminal Law (Test 2)
appearance notice
arrest
reasonable and probable
recognizance
slip of paper given to accused notifying them when and where…
made for serious indictable offences and suspects are taken i…
grounds in which police officers must use when making an arrest
accused may be released without paying bail if they sign a __…
appearance notice
slip of paper given to accused notifying them when and where…
arrest
made for serious indictable offences and suspects are taken i…
41 terms
test 2 criminal law
2. Under the common law, the crime of…
4. Under Texas law, certain forms of a…
ralph who lives on a 300 acre ranch de…
7. Under Texas law, for arson to occur…
True
True
none of the above
False
2. Under the common law, the crime of…
True
4. Under Texas law, certain forms of a…
True
106 terms
Criminal Law test 2
General Intent
Bribery
Perjury
Oath
An unjustifiable act; reckless conduct
The offering, giving, receiving, or soliciting of something o…
The willful assertion as to a matter of fact, opinion, belief…
Any form of attestation by which a person signifies that he/s…
General Intent
An unjustifiable act; reckless conduct
Bribery
The offering, giving, receiving, or soliciting of something o…
123 terms
Criminal Law and Procedure Test 2
Burglary
Actual Breaking
Constructive breaking
Trespassory
Breaking and entering the dwelling house of another in the ni…
Use of some force ... ex. Turning the door knob
- Fraud... - Threaten to the use of force... ex. Saying that you ha…
Wrongful- without consent
Burglary
Breaking and entering the dwelling house of another in the ni…
Actual Breaking
Use of some force ... ex. Turning the door knob
66 terms
Criminal Law test 2
Custody of something that is not yours
possession of something that is not yo…
ownership of something that is not yours
Lawful or unlawful control
larceny
embezzlement
false pretenses
larceny
Custody of something that is not yours
larceny
possession of something that is not yo…
embezzlement
124 terms
criminal law test 2
Culpability/liability/responsibility
actus reus
mens rea
concurrence
liability = criminal conduct that qualifies for criminal puni…
the criminal act
the criminal intent
mens rea and actus reus must occur at the same time; mental f…
Culpability/liability/responsibility
liability = criminal conduct that qualifies for criminal puni…
actus reus
the criminal act
36 terms
Criminal Law Test 2
homicide
criminal homicide
justifiable homicide
corpus delicti
the killing of a human being
a killing that breaks the law
those killings committed out of duty with no criminal intent
literally "the body of the crime"
homicide
the killing of a human being
criminal homicide
a killing that breaks the law
37 terms
Criminal Law and Procedures: Test 2
Crimes Against the Habitation
Burglary
Arson
Crimes Against Property
Burglary and Arson.
Breaking and entering the dwelling house of another in the ni…
The malicious burning of the dwelling house of another.
Larceny, Embezzlement, False Pretenses, Robbery, Extortion, R…
Crimes Against the Habitation
Burglary and Arson.
Burglary
Breaking and entering the dwelling house of another in the ni…
22 terms
Criminal Law Test 2
2 elements of attempt
Attempt Act defined
Conspiracy
Solicitation
1. Specific intent to commit the crime... 2. Direct but ineffect…
- dangerously close to completion... - beyond mere preparation... -…
- 2 or more persons agreeing to commit any crime, where at le…
- asking a person to "commit or join" in a crime... - asking alo…
2 elements of attempt
1. Specific intent to commit the crime... 2. Direct but ineffect…
Attempt Act defined
- dangerously close to completion... - beyond mere preparation... -…
39 terms
Criminal Law TEST 2
Defense to Crime
Types of Defenses
Failure of Proof Defense
True Defense
Either a failure of proof by the prosecution or a defendant's…
1) Failure of Proof... 2) True (Affirmative) Defense... 3) Burden o…
When the defense makes a motion to acquit or the defendant in…
A defense that results in an acquittal even though the prosec…
Defense to Crime
Either a failure of proof by the prosecution or a defendant's…
Types of Defenses
1) Failure of Proof... 2) True (Affirmative) Defense... 3) Burden o…
116 terms
Criminal Law Test 2
involuntary manslaughter
Criminal Negligence
Misdemeanor Manslaughter
Pate V. Robinson
-the result of criminal negligence... OR... -caused during the comm…
-more than civil negligence... -recklessly & aware of risk... -prox…
-similar to involuntary manslaughter but the nature of the un…
Robinson was convicted of murdering his common law wife. Thou…
involuntary manslaughter
-the result of criminal negligence... OR... -caused during the comm…
Criminal Negligence
-more than civil negligence... -recklessly & aware of risk... -prox…
32 terms
Criminal Law Test 2
Types of culpability in the MPC
Mens rea
How to prove intent without a confession
General Intent
Purposely, knowingly, recklessly, negligently
Latin for guilty mind, the mental element in crime
Indirect circumstantial evidence
the intent to commit the criminal act as defined in a statute
Types of culpability in the MPC
Purposely, knowingly, recklessly, negligently
Mens rea
Latin for guilty mind, the mental element in crime
45 terms
criminal law test 2
justification defenses
excuse defense
affirmative defense
failure-of-proof defenses
defendants admit responsibility but claim that what they did…
defendants admit that what they did was wrong, but claim they…
require the defendant to raise the issue and put on some evid…
require the defendant only has to raise a responsible doubt a…
justification defenses
defendants admit responsibility but claim that what they did…
excuse defense
defendants admit that what they did was wrong, but claim they…
Criminal Law Test 2
Malice aforethought
Mens rea for murder
1st Degree Murder
Serial killer
The conscious intent to cause death or great bodily harm to a…
Specific intent to kill or conduct so outrageous that the spe…
Intentional
Over time
Malice aforethought
The conscious intent to cause death or great bodily harm to a…
Mens rea for murder
Specific intent to kill or conduct so outrageous that the spe…
44 terms
Criminal Law Test 2
mens rea
purpose, knowledge, recklessness, negl…
purpose
purpose
culpable mental state
4 types of mens rea
most culpable mens rea, highest charge
"specific intent to engage in conduct to cause a particular r…
mens rea
culpable mental state
purpose, knowledge, recklessness, negl…
4 types of mens rea
122 terms
Criminal Law Test 2
Attempt
Conspiracy
Solicitation
3 types of attempt
Unsuccessful effort to commit a crime
An agreement between two or more persons to commit a crime
Commanding, hiring, or encouraging a person to commit a crime…
1. Complete attempt: when an individual takes every act requi…
Attempt
Unsuccessful effort to commit a crime
Conspiracy
An agreement between two or more persons to commit a crime
41 terms
test 2 criminal law
2. Under the common law, the crime of…
4. Under Texas law, certain forms of a…
ralph who lives on a 300 acre ranch de…
7. Under Texas law, for arson to occur…
True
True
none of the above
False
2. Under the common law, the crime of…
True
4. Under Texas law, certain forms of a…
True
79 terms
Criminal Law Test 2
How did Common Law divide participants…
What were the Common Law categories of…
What is the current role of common law…
What is the current way states define…
Principals and Accessories
Principals in the First Degree- The perpetrators of the crime…
Virtually every jurisdiction has abandoned the common law cat…
Accomplices and Accessories
How did Common Law divide participants…
Principals and Accessories
What were the Common Law categories of…
Principals in the First Degree- The perpetrators of the crime…
22 terms
Test 2: Criminal Law
What were the three preparatory offens…
Define Attempt.
Distinguish the difference between int…
Under common law was attempt a felony…
Attempt, criminal solicitation, conspiracy
"an act done with intent to commit a crime, beyond mere prepa…
Intent= purpose... Attempt = purpose and effort
...
What were the three preparatory offens…
Attempt, criminal solicitation, conspiracy
Define Attempt.
"an act done with intent to commit a crime, beyond mere prepa…
60 terms
Criminal Law Test 2
Under common law, arson and burglary s…
What process refers to a permanent cha…
Under common law, arson was best defin…
What term is defined as the primary sa…
Crimes against habitation
structural degradation
any dwelling of another
dwelling
Under common law, arson and burglary s…
Crimes against habitation
What process refers to a permanent cha…
structural degradation
20 terms
Criminal Law Test 2
Culpability or Blameworthiness
Mens Rea
Motive
Subjective Fault
The idea that it's fair and just to punish only people we can…
Latin for guilty mind, the mental element (also called "crimi…
Something that causes a person to act
Fault that requires a "bad mind" in the actor
Culpability or Blameworthiness
The idea that it's fair and just to punish only people we can…
Mens Rea
Latin for guilty mind, the mental element (also called "crimi…
10 terms
Criminal Law Test 2
solicitation, conspiracy, attempt
crime, preliminary anticipatory, incho…
attempt, commit a crime
conspire
The common law crimes of _______________, _______________, an…
The common law crimes of solicitation, conspiracy, and attemp…
Solicitation may be defined as an ___________ to get another…
Solicitation may also be described as an attempt to _________…
solicitation, conspiracy, attempt
The common law crimes of _______________, _______________, an…
crime, preliminary anticipatory, incho…
The common law crimes of solicitation, conspiracy, and attemp…
121 terms
Criminal Law Test 2
Culpability or Blameworthiness
"Even a dog can distinguish between be…
"If she would have just given me the m…
Cause in Fact... Factual Cause... But for Ca…
The idea that it's fair and just to punish only people we can…
Holmes
...
The objective determination that the defendant's act triggere…
Culpability or Blameworthiness
The idea that it's fair and just to punish only people we can…
"Even a dog can distinguish between be…
Holmes
53 terms
Criminal Law Test 2
preliminary/anticipatory/inchoate crimes
solicitation
purposes of making solicitation a crime
conspiracy
criminal acts that lead to or are attempts to commit other cr…
attempting to get another to commit a crime, committed even i…
1 prevent crime 2 protect public from criminal inducement 3 p…
an agreement between two or more persons to engage in unlawfu…
preliminary/anticipatory/inchoate crimes
criminal acts that lead to or are attempts to commit other cr…
solicitation
attempting to get another to commit a crime, committed even i…
30 terms
criminal law test 2
kidnapping
abduction
extortion
Rape
a. by force, threat deception or under 13 or mentally incompe…
ex parent holds the child and does not return her to the cust…
"blackmail" purpose to obtain valuable/benefit... 1. threaten to…
1. sexual conduct + not spouse or spouse living apart +... - dru…
kidnapping
a. by force, threat deception or under 13 or mentally incompe…
abduction
ex parent holds the child and does not return her to the cust…
Criminal Law Test 2
criminal conduct
justification defenses
excuse defenses
failure of proof defenses
a criminal act triggered by criminal intent
defendants admit they were responsible for their acts but cla…
defendants admit what they did wrong but claim, under the cir…
the defendant inly has to raise a reasonable doubt about the…
criminal conduct
a criminal act triggered by criminal intent
justification defenses
defendants admit they were responsible for their acts but cla…
22 terms
Criminal Law test 2
Criminal Homicide
Manslaughter
Negligent Homicide
Year and a Day Rule
The purposeful, knowing, reckless, or negligent killing of on…
The unlawful killing of a human being WITHOUT malice. Differs…
The killing of a human being by criminal negligence or by the…
A common law requirement that homicide prosecutions could not…
Criminal Homicide
The purposeful, knowing, reckless, or negligent killing of on…
Manslaughter
The unlawful killing of a human being WITHOUT malice. Differs…
29 terms
Criminal Law - Test 2
Common Law Age Presumptions
Relevancy Issue with Common Law Age Pr…
Common Law Insanity Tests (4)
Common Law - Insanity General Observat…
- Under 7 (0-6): Cannot form mens rea, so cannot commit crime…
The age at the time of the crime is critical - doesn't matter…
1. M'Naghten: Person did not know that act was wrong - right/…
- guilty but mentally ill - NOT guilty but legally insane (me…
Common Law Age Presumptions
- Under 7 (0-6): Cannot form mens rea, so cannot commit crime…
Relevancy Issue with Common Law Age Pr…
The age at the time of the crime is critical - doesn't matter…
12 terms
Criminal Law Test 2
Reasonable doubt
Actus Reus
Mens rea
Model Penal Code (MPC)
proof beyond a reasonable doubt
The criminal act
The criminal intent or state of mind
purposed criminal law developed by the American Law Institute…
Reasonable doubt
proof beyond a reasonable doubt
Actus Reus
The criminal act
50 terms
Criminal Law Test 2
How ________________ is determined and…
In 1066, at the time of the Norman Con…
From the _________ to ______ centuries…
American ____________ reached a high p…
criminal responsibility ... capacity
trial by ordeal... trial by battle
sixteenth eighteenth
witchcraft trials
How ________________ is determined and…
criminal responsibility ... capacity
In 1066, at the time of the Norman Con…
trial by ordeal... trial by battle
45 terms
BJU Criminal Law Test 2
Mens Rea
3 kinds of criminal liability
specific intent
four mental states
"Evil Mind" Willful guilty knowledge in committing a crime
subjective fault, objective fault, strict liability
"deliberate" "premeditated" (he bought the burglary tools to…
Purposely, Knowingly, Recklessly, Negligently
Mens Rea
"Evil Mind" Willful guilty knowledge in committing a crime
3 kinds of criminal liability
subjective fault, objective fault, strict liability
44 terms
Criminal Law Test 2
Inchoate Crimes
Solicitation
True
Overt Act
Solicitation, conspiracy, and attempt are examples of what ty…
an attempt to get another person to commit a crime or as an a…
Solicitation is committed even if the person refuses to coope…
Virtually any act in furtherance of conspiracy will suffice a…
Inchoate Crimes
Solicitation, conspiracy, and attempt are examples of what ty…
Solicitation
an attempt to get another person to commit a crime or as an a…
31 terms
Criminal Law--Test 2
Mens Rea
Confessions
Criminal Liability
Specific Intent
Criminal intent. Must accompany some level of Actus Reus. Dif…
The only direct evidence of mental attitude and state of mind
1) Subjective Fault-bad mind, often linked to immorality, dep…
intent to cause the result, generally has subjective fault co…
Mens Rea
Criminal intent. Must accompany some level of Actus Reus. Dif…
Confessions
The only direct evidence of mental attitude and state of mind
134 terms
criminal law test 2
Procedural due process
Substantive due process
Reasonable suspicion
Terry stop
the series of procedures that federal and state government ar…
the constitutional limitation placed on the federal and state…
a resonable belief in the context of the specific facts of th…
a law enforecement officer stop of a person for a brief perio…
Procedural due process
the series of procedures that federal and state government ar…
Substantive due process
the constitutional limitation placed on the federal and state…
15 terms
Criminal law test 2
Crimnal attempt 6 steps
Criminal conspiracy
4 main designations
Corporate America can be held liable
1. conceive the idea for the crime... 2. evaluate the idea (when…
an agreement between 2 or more persons to commit an unlawful…
PARTIES TO A CRIME... committed by multiple criminals ... 1. PRIN…
courts are now treating all participates as principles no mat…
Crimnal attempt 6 steps
1. conceive the idea for the crime... 2. evaluate the idea (when…
Criminal conspiracy
an agreement between 2 or more persons to commit an unlawful…
50 terms
Criminal Law test 2
Chapter 5
Defenses
Self- Defense (6)
Insanity
Defenses
A justification or excuse presented by the perpetrator to red…
1) Defense of others... 2) Defense of property... 3) Self-defense... 4…
A legal concept that excuses the defendant's conduct based up…
Chapter 5
Defenses
Defenses
A justification or excuse presented by the perpetrator to red…
11 terms
Criminal Law test 2
criminal law
criminal procedure
common law
stare decisis
the branch of the law that specifies what conduct constitutes…
the rules of procedure by which criminal prosecutions are gov…
simply put; it is judge-made law. it is the oldest form of cr…
the doctrine that judicial decisions stand as precedents for…
criminal law
the branch of the law that specifies what conduct constitutes…
criminal procedure
the rules of procedure by which criminal prosecutions are gov…
71 terms
Criminal Law Test 2
Larceny
Grand Larceny
Criminal Possession of Stolen Property
Value of Property in a Criminal Case
Intentionally stealing property... Specific Intent Crime... Class A…
Larceny increased to a felony... -Aggravating Factors... Ex: Steal…
Knowingly possess stolen property with the intent to deprive…
Two Part method - especially for Restitution... 1. Fair Market V…
Larceny
Intentionally stealing property... Specific Intent Crime... Class A…
Grand Larceny
Larceny increased to a felony... -Aggravating Factors... Ex: Steal…
89 terms
Criminal Law - Test 2
criminal conduct
justification defense
excuse defense
affirmative defense
criminal act + criminal intent
defendants admit that they were responsible and that their ac…
defendants admit that what they did was wrong but under the c…
starts matters of by putting some evidence into support (incl…
criminal conduct
criminal act + criminal intent
justification defense
defendants admit that they were responsible and that their ac…
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