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Elements of Criminal Law Flashcards

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1
Q

Crimes are divided into those which require _____ intent to commit a criminal act and the intended result and those that require only _____ intent to do an act which is defined as criminal by the North Carolina statutes.

A

Specific

General

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2
Q

_____ may be transferred when a defendant intends to harm one person, but his act results in the same harm to another person.

A

Intent

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3
Q

Latin term which translates to “guilty mind”

A

Mens Rea

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4
Q

The state-of-mind element - may be subjective knowledge, objective knowledge or willful blindness.

A

Knowingly

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5
Q

The state-of-mind element - wrongful act done without legal excuse or justification, or the commission of an act purposefully and deliberately in violation of law

A

Willfully

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6
Q

The state-of-mind element - conscious and intentional disregard of and indifference to the rights and safety of others.

A

Wantonly

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7
Q

What are the three prongs necessary for for a crime to fulfill the “maliciously” state-of-mind element

A

(1) Done with hatred or spite
(2) Inherently dangerous to human life; AND
(3) Done intentionally and without justification

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8
Q

The state-of-mind element - recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others

A

Criminal Negligence

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9
Q

The state-of-mind element - No guilty mind is necessary; the defendant committed the prohibited act and is, therefore, guilty.

A

Strict Liability

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10
Q

Statutes of limitations preclude prosecution if a charge is not brought within a certain time defined by statutes.

A

Bars to prosecution

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11
Q

What is the statute of limitations for misdemeanor crimes in North Carolina?

A

Two years

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12
Q

What is the statute of limitations for felony crimes in North Carolina?

A

No statute of limitations

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13
Q

What are the three categories that defenses fall into?

A

Self-defense
Defenses showing a lack of blameworthiness (Insanity, entrapment)
Failure of proof or negating defenses such as accident

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14
Q

Persons committing the entire crime, acting indirectly or acting in concert

A

Principals

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15
Q

What is aiding and abetting?

A

(1) A crime is committed by another person
(2) He or she knowingly advises, instigates, encourages, procures, or helps the other person commit the crime; AND
(3) His or her actions or statements caused or contributed to the commission of the crime.

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16
Q

What is accessory before the fact to a felony?

A

(1) Before a felony is committed by another, he or she counsels, procures, commands, or knowingly aids the other person to commit the felony
(2) The felony is committed by another person
(3) He or she is not present when the other person commits the felony, AND
(4) His or her actions or statements caused or contributed to the commission to the crime by the other person

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17
Q

What chapter covers criminal law?

A

Chapter 14

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18
Q

What chapter covers motor vehicle law?

A

Chapter 20

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19
Q

What chapter covers drug offenses?

A

Chapter 90

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20
Q

What chapter covers domestic violence?

A

Chapter 50B

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21
Q

Each _____ is divided according to related subject matter into a series of numbered Articles, and each Article is divided according to related subject matter into a series of number _____.

A

Chapter

Sections

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22
Q

Can cities and counties enact ordinances to protect the health, safety, or welfare of their citizens?

A

Yes, these are called local ordinances

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23
Q

A county ordinance applies everywhere inside the county except within _____.

A

Cities

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24
Q

A private dispute between two or more parties which may or may not involve a crime.

A

Civil Matter

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25
Criminal offenses consist of certain factual components, commonly referred to as “_____.”
Elements
26
It is not possible—or even desirable—to attempt to memorize the elements of every criminal offense. There are, however, certain offenses for which an officer may have to take immediate action. With respect to these offenses, officers must know the elements and be able to recognize the violation “_______.”
On sight
27
What are the elements of Resist, Delay, Obstruct and Officer?
(1) Willfully and unlawfully (2) Resists OR Delays OR Obstructs (3) A public officer (4) Knowing or having reasonable grounds to believe that the victim is a public officer AND (5) While the officer is discharging or attempting to discharge a duty of his or her office
28
Does the law require a person to disclose his/her name if an officer is engaged in or attempting to engage in a consensual encounter?
NO. Unless the officer has reasonable suspicion or probable cause, the person is free to walk away or even flee.
29
What are the elements for larceny?
(1) Takes personal property in the possession of another AND (2) Carries it away (3) Without the consent of the possessor (4) With the intent to deprive the possessor of its use permanently (5) Knowing that he/she was not entitled to it
30
When is a person guilty of first degree trespassing?
Without authorization, enters or remains on premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders OR in a building of another.
31
When is a person guilty of second degree trespassing?
Without authorization, enters or remains on premises of another, after having been notified not to enter or remain there by the owner, a person in charge of the premises, a lawful occupant, or another authorized person OR that are posted in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
32
When is a person guilty of domestic criminal trespass?
Enters after being forbidden to do so or remains after being ordered to leave, upon the premises occupied by a domestic partner
33
What are the elements of simple assault?
Commits an assault on another
34
Unlike second-degree murder, voluntary manslaughter is a killing without _____.
Malice
35
What are the elements of second-degree murder?
Kills another living human being with malice
36
What are the elements of first-degree murder?
Kills another living human being with malice AND with the specific intent to kill formed after premeditation and deliberation.
37
What can a person be charged with if they kill another during the commission of a felony?
First Degree Murder
38
The key feature of involuntary manslaughter is that it involves an _____ _____.
Unintentional Killing
39
What are the elements of affray?
Engages in a fight with at least one person in a public place to the terror of the public.
40
What are the elements for disorderly conduct?
Intentionally causes a public disturbance
41
When can someone be charged with drunk and disruptive?
When they are intoxicated in a public place and disruptive by interfering with traffic, passage across sidewalk, entrance to building, grabbing or pushing others, fighting or challenging others to fight, cursing at others, or begging.
42
What are the elements of carrying concealed pistol and gun?
Willfully and intentionally carries concealed about his person a pistol OR gun while off his own premises, without a concealed handgun permit and not allowed to carry handgun as a military permittee.
43
What are the three types of malice?
Actual, express, particular malice
44
What weapons qualify as a concealed weapon under the carrying a concealed weapon other than a pistol?
Bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun or other deadly weapon of like kind.
45
What are the elements of communicating threats?
Without lawful authority, willfully threatens to physically injure another person OR that persons child, spouse, or dependent, OR willfully threatens to damage another's property, AND communicates the threat in a manner that would make a reasonable person believe it is likely to be carried out AND the threat is believed by the threatened person.
46
What are the elements of Injury to Real Property?
Willfully and wantonly damages, injures, or destroys the real property of another.
47
What are the elements of Injury to Personal Property?
Willfully and wantonly damages, injures, or destroys the personal property of another.
48
What are the elements of violating a domestic violence protective order?
Knowingly violates a valid protective order pursuant to 50B, court of another State or Indian Tribe.
49
What are the elements of voluntary manslaughter?
Kills another living human being without malice
50
What are the elements of involuntary manslaughter?
Kills another human being by an unlawful act that does not amount to a felony and is not ordinarily dangerous to life OR by a culpably negligent act or omission.
51
In regards to the voluntary manslaughter statute, _____ __ _____ constitutes the "without malice" element.
Heat of passion
52
What would a killing committed in anger aroused during a sudden, mutual fight be charged as?
Voluntary manslaughter
53
What is the key element of Involuntary Manslaughter?
Culpable Negligence
54
"G.I. Joe" can be used to memorize that involuntary manslaughter is associated with _____ mishaps.
Gun
55
What are the elements of Felony Death by Motor Vehicle?
Unintentionally causes death of another person while engaged in the offense of impaired driving and the commission of the offense is the proximate cause of the death.
56
What are the elements of Misdemeanor Death by Motor Vehicle?
Unintentionally causes death of another person while engaged in the violation of any State law applying to the operation or use of a vehicle and the offense is the proximate cause of the death.
57
What are the elements of aggravated assault?
Commits an assault on another and inflicts serious injury
58
What are the elements for assault inflicting serious bodily injury?
Commits an assault on another and inflicts serious bodily injury
59
Which charge is greater, assault inflicting serious injury or assault inflicting serious bodily injury?
Assault inflicting serious bodily injury
60
What could someone be charged with after getting into a fight and knocking out someones tooth but the tooth can be put back in?
Assault inflicting serious injury (injury is not permanent)
61
What could someone be charged with after getting into a fight and causing someone to be in a coma?
Assault inflicting serious bodily injury
62
When can someone be charged with assault with a deadly weapon?
Commits and assault on another with a deadly weapon
63
What are the elements of assault on a female?
Is a male at least 18 AND commits and assault on a female.
64
When can a person be charged with assault on a government officer or employee?
Commits and assault on an officer or employee of the state who is discharging or attempting to discharge his official duties.
65
When can a person be charged with assault on an executive, legislative, or court officer?
Assaults any executive officer, legislative officer, OR court officer.
66
For a sexual assault to be considered a rape, does it have to be vaginal intercourse?
Yes
67
Can a female rape a male?
Yes as long as penetration of the female sexual organ by the male sexual organ.
68
What is the key element to remember for second-degree forcible rape?
Mentally incapacitated, mentally disabled

Elements (1 decks)

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