Criminal Law and Proc Midterm

Question 1

A claim by a defendant that they were not present at the scene of the crime at the time that the crime was committed…

Answer 1

alibi

Question 2

Crimes that are inherently evil in and of themselves are …

Answer 2

Mala in se

Question 3

Under this rule, 2 people cannot be charged with conspiracy when the underlying offense itself requires two people…

Answer 3

Wharton’s Rule

Question 4

Shields witness from prosecution for all offenses related to their testimony…

Answer 4

Transactional Immunity

Question 5

Any act that interferes with the performance of a public officials duties is the crime of …

Answer 5

Obstruction of Justice

Question 6

Stand Your Ground laws are an extension of the (in some states) …

Answer 6

Castle Doctrine

Question 7

Conversion of personal property of another by one who has acquired lawful possession with intent to defraud the owner…

Answer 7

Embezzlement

Question 8

Refers to homicide that results from an act that demonstrates a callous disregard for a high risk to the victim’s life …

Answer 8

Depraved Heart Murder

Question 9

Party who aids, counsels, assists, or encourages principal in the first degree but does not commit actus reus of the crime…

Answer 9

principle in the second degree

Question 10

Under the ____________, a 2nd prosecution by different government against the same person for the same crime does not violate double jeopardy.

Answer 10

Dual Sovereignty Doctrine

Question 11

When does double jeopardy start in a jury trial ?

Answer 11

When the juror is sworn in

Question 12

When does double jeopardy start in a bench trial ?

Answer 12

When the first witness is sworn in

Question 13

Applied agreement between all people that they will relinquish a certain amount of liberties in exchange for security …

Answer 13

Social Contract

Question 14

Power of judicial branch to review the actions of executive/legislative branches …

Answer 14

Judicial Review

Question 15

What types of courts do not hear evidence or call witnesses ?

Answer 15

Appellate Courts

Question 16

What are Appellate Courts concerned with ?

Answer 16

Questions of Law

Question 17

A mix of assault and larceny …

Answer 17

Robbery

Question 18

The joining of mens rea and actus reus …

Answer 18

Concurrence

Question 19

Murder at common law with unlawful killing of human being with …

Answer 19

malice aforethought

Question 20

Power of courts to invalidate legislation and the acts of the executive branch that are unlawful…

Answer 20

Judicial Review

Question 21

Constitution cannot prohibit someone of life, liberty, and property without…

Answer 21

Due Process of Law

Question 22

System created to prevent 1 branch from controlling all functions within government…

Answer 22

Checks and Balances

Question 23

Inchoate crimes are…

Answer 23

Incomplete crimes

Question 24

What type of law does the legislative branch create ?

Answer 24

Statutes

Question 25

What is considered criminal mischief?

Answer 25

Destruction of property

Question 26

What form of self defense can be used when a spouse kills a spouse as their only means of escaping violence?

Answer 26

Battered spousal syndrome

Question 27

When can infancy be used as a defense against crimes?

Answer 27

For people under the age of 7

Question 28

What is it called when a crime has a certain amount of time to be tried after it's committed ?

Answer 28

Statute of limitations

Question 29

Mens Rea is best defined as...

Answer 29

the mental aspect of any crime

Question 30

These crimes can be proven without showing any mens era, only that the act was committed...

Answer 30

Strict Liability

Question 31

The theory of punishment is often associated with "vengeance"

Answer 31

Retribution

Question 32

Does a parent have a moral and legal obligation to obtain medical help for their child ?

Answer 32

Yes, there is a legal obligation as well.

Question 33

Is intent a required element for every crime ?

Answer 33

No, not every crime

Question 34

What are laws written by city, county, and other local governments ?

Answer 34

Ordinances

Question 35

What is Dual Sovereignty?

Answer 35

The federal and state governments each possess authority over the citizens and are free from interference from the other.

Question 36

What is the burden of proof in a criminal case?

Answer 36

Beyond a reasonable doubt

Question 37

What seeks to deter individuals already convicted of crimes from committing more in the future?

Answer 37

Specific Deterrence

Question 38

What is the source of most penal law today ?

Answer 38

Stater statutes and local ordinances

Question 39

An unlawful killing that is missing the malice aforethought is...

Answer 39

Manslaughter

Question 40

What test looks at crimes individually and finds an act, a certain point in the time, which indicates that the defendant has "no other purpose than the commission of that specific crime"?

Answer 40

Res Ipsa Loquitor

Question 41

What speech is not protected by the First Amendment ?

Answer 41

Fighting words

Question 42

At common law the trespassory taking and carrying away of the personal property of another with an intent to permanently deprive the owner of possession is...

Answer 42

Larceny

Question 43

Does perjury only apply to someone testifying in court?

Answer 43

No

Question 44

What is the mens rea for arson under the MPC?

Answer 44

Purposeful and Reckless

Question 45

Is asportation an element of false imprisonment?

Answer 45

No

Question 46

A threat to injure a victim's reputation, business, financial status, or family relationships are examples of...

Answer 46

extortion

Question 47

What are the 2 mens rea elements of receiving stolen property?

Answer 47

1. There must be an intent to deprive the owner of property 2. Actual knowledge that the property was stolen

Question 48

Is mistake of law is a commonly used defense?

Answer 48

No

Question 49

Does the judge alone decide whether a defendant is competent to stand trial?

Answer 49

No

Question 50

What amendment protects against self incrimination?

Answer 50

5th amendment

Question 51

In affirmative defenses, who gets the burden of proof?

Answer 51

The defendant

Question 52

Does retrying a case that results in mistrial violate double jeopardy?

Answer 52

No, it can be legally tried again

Question 53

When can consent not be used as a defense?

Answer 53

Child Molestation, Statutory Rape, Murder

Question 54

Can duress be used as a legal justification in homicide cases?

Answer 54

No