Chapter 5 Terms

Question 1

Crime

Answer 1

defined as a wrong against society set forth in a statute and punishable by a fine and/or imprisonment - or, in some cases, death

Question 2

Burden of Proof

Answer 2

under this standard, the plaintiff must convince the court that based on the evidence presented by both parties, it is more likely than not that the plaintiff’s allegation is true

Question 3

Felonies

Answer 3

serious crimes punishable by death or by imprisonment for more than one year

Question 4

Misdemeanors

Answer 4

less serious crimes, punishable by a fine or confinement for up to a year

Question 5

Petty Offenses

Answer 5

minor violations, such as jaywalking or violations of building codes, considered to be a subset of misdemeanors.

Question 6

Actus Reus

Answer 6

crimes require an act of commission - a person must do something in order to be accused of a crime. Aka guilty act

Question 7

Mens rea

Answer 7

wrongful mental state, typically required to establish criminal liability

Question 8

Criminal Negligence

Answer 8

involves the mental state in which the defendant takes an unjustified, substantial, and foreseeable risk that results in harm

Question 9

Strict Liability Crimes

Answer 9

offenses that do not require a wrongful mental state to establish criminal liability

Question 10

M’Naghten Test

Answer 10

a ruled derived from M’Naughten’s case; a person is not responsible if, at the time of the offense, he or she did not know the nature and quality of the act or did not know that the act was wrong.

Question 11

Duress

Answer 11

exists when the wrongful threat of one person induces another person to perform an act that he or she would not have otherwise performed.

Question 12

Entrapment

Answer 12

defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for those crimes.

Question 13

Exlusionary Rule

Answer 13

Any evidence obtained in violation of the constitutional rights is generally not admissible at trial

Question 14

Indictment

Answer 14

charge by a grand jury that a reasonable basis exists for believing that a crime has been a committed and a trial should be held

Question 15

These two elements normally exist simultaneously for a person to be convicted of a crime

Answer 15

1. The performance of a prohibited act (actus reus)

2. A specified state of mind, or intent, on the part of the actor (mens rea)