Assault/Bribery Flashcards Preview

Exam 2 > Assault/Bribery > Flashcards

Flashcards in Assault/Bribery Deck (10):
1

What is a crime?

An act or failure to act
Intent
Punishable by Government (not a tort)

2

What is general intent?

Intent to do the prohibited Act
No specific mental state, evil motive or intent to violate law
No requirement to prove harm was intended (Ex. Battery, Manslaughter

3

What is specific intent?

Requires proof the perpetrator desired the consequences of actions as set
Intentionally, willfully, maliciously, purposefully, with intent to

4

What is the difference between a Felony and a Misdemeanor?

Felony is more than a year
Misdemeanor is less than a year
Infraction is a type of misdemeanor where the term of imprisonment, if any, is no more than 5 days

5

What is Assimilative Crime Act?

Exclusive- Federal jurisdiction
Concurrent- Federal & State Jurisdiction
Proprietary- State Jurisdiction

6

What is 18 USC 111?

Assaulting, resisting, or impeding certain officers or employees.

7

what is 18 USC 201?

Bribery of public officials and Witnesses, was enacted to protect government officials and witnesses from corrupting influences while they are performing their official duties

8

What are the elements if 18 USC 201?

Corrupt Officer or acceptance of something of value (Directly or Indirectly)
Made to or by an officer of the United States or person at the time acting for or on behalf of the U.S in official function; and (Anything of Value)
Offer, give, promise, demanded, sought or accepted with the corrupt intent to influence an official act (To influence any official act)

9

Is intent required to prove for 18 USC 201?

Yes, Generally bad,evil, purpose or motive

10

Is mere passive resistance sufficient for a convictions under 18 USC 111?

Hells to da NO!