Chapter 10

Question 1

Crimes are classified as…

Answer 1

Felonies or misdemeanors

Question 2

Felony

Answer 2

A severe crime that can result in imprisonment @ a state or federal jail

Question 3

Misdemeanor

Answer 3

A less severe crime punishable by a fine or imprisonment

Question 4

Petty offense

Answer 4

The least serious kind of criminal offense, like traffic or building code violations

Question 5

To be convicted of a crime, we need…

Answer 5

Actus reus and Mens rea

Question 6

Actrus Reus

Answer 6

The guilty act

Question 7

Can people be punished for attempting a crime?

Answer 7

No, unless there were steps taken toward committing the crime

Question 8

Mens Rea

Answer 8

The criminal’s mental intent

Question 9

A defendant is criminally reckless if…

Answer 9

They consciously disregard the risks

Question 10

Criminal negligence

Answer 10

When the defendant takes an unjustified and foreseeable risk that results in harm

Question 11

Can you be negligent even if you were unaware of the foreseeable risk?

Answer 11

Yes

Question 12

Strict Liability Crimes

Answer 12

Offenses where a wrongful mental state needed to establish criminal liability aren’t required

Question 13

Corporations are held liable for…

Answer 13

1. Crimes by employees under their employment
2. If they fail to perform specific duties imposed by law

Question 14

Corporate directors and officers are held liable for…

Answer 14

1. Crimes they commit, regardless of intent
2. What employees do under their supervision

Question 15

Responsible Corporate Officer Doctrine

Answer 15

Corporate officers who knew about a criminal violation are criminally liable

Question 16

What are the 4 broad categories of crime?

Answer 16

1. Violent
2. Property
3. Public order
4. White collar

Question 17

Violent Crimes

Answer 17

Crimes against people

Question 18

Robbery

Answer 18

Taking someone else’s personal property by force

Question 19

Can an act be both a tort and crime?

Answer 19

Yes (ex: battery)

Question 20

Property Crimes

Answer 20

Crimes involving economic gain on damaging property

Question 21

Burglary

Answer 21

Breaking an entering w/ the intent of committing a felony

Question 22

Larceny

Answer 22

Stealing for keeps

Question 23

What’s the difference between a larceny and a robbery?

Answer 23

Larcenies don’t involve force or fear

Question 24

Is receiving goods that’s clearly stolen a crime?

Answer 24

Yes, because they should’ve known it was stolen

Question 25

Theft

Answer 25

Obtaining goods by false pretenses w/ other property crimes

Question 26

Petty theft

Answer 26

Stealing low valued goods

Question 27

Grand theft

Answer 27

Stealing high valued goods

Question 28

Arson

Answer 28

Maliciously burning property

Question 29

Forgery

Answer 29

Making/altering any writing that changes the legal rights and liabilities of another

Question 30

Public order crimes

Answer 30

Activities that are immoral or goes against public values

Question 31

White collar crimes

Answer 31

Nonviolent crimes committed to obtain a personal or business advantage

Question 32

Embezzlement

Answer 32

Stealing money from entrusted persons/property

Question 33

Is larceny also an embezzlement?

Answer 33

No because no physical property is taken

Question 34

How is embezzlement typically carried out?

Answer 34

By an employee stealing a small chunk of funds over a long period of time

Question 35

People charged w/ crimes can be relieved from criminal liability if…

Answer 35

They show their actions were justified

Question 36

Self defense

Answer 36

The privilege to defend themselves, assuming the act was reasonable and necessary

Question 37

Non deadly force

Answer 37

Force deemed necessary and reasonable for self defense

Question 38

Deadly force

Answer 38

Force that can result in death or injury

Question 39

How can deadly force be justified?

Answer 39

If the other outcome was immediate death and/or serious harm

Question 40

Necessity (in criminal liability)

Answer 40

The crime was necessary to prevent an even greater harm

Question 41

When is necessity justifiable?

Answer 41

If an immediate threat was looming and had no other choice

Question 42

Insanity

Answer 42

The person simply didn’t have the mental capacity to commit the crime Lacking the “mens rea”

Question 43

Mistake of fact is valid if…

Answer 43

It negates the mental state necessary to commit the crime (no mens rea) “It was an honest mistake!”

Question 44

Mistake of Law

Answer 44

Ignorance/misunderstanding of the law Isn’t a valid defence

Question 45

Duress

Answer 45

The defendant was pressured to commit the crime

Question 46

The duress defense works for most crimes, except…

Answer 46

Murder

Question 47

Entrapment

Answer 47

The defendant was induced to commit the crime by a public official

Question 48

Is taking advantage of an opportunity by the police entrapment?

Answer 48

No

Question 49

Is the police pressuring the defendant to committing a crime entrapment?

Answer 49

Yes

Question 50

Search Warrant

Answer 50

The authority for officers to search and seize private property

Question 51

There must be _____, the reasonable grounds for believing the person’s property should be searched

Answer 51

Probable cause

Question 52

What was the main result of Miranda v Arizona?

Answer 52

The police has to inform suspects of their rights before interrogating or arresting them