Exam 2

Question 1

Breaking and entering the dwelling house of another, in the nighttime, with the intent to commit a felony therein.

Answer 1

Burglary

Question 2

The use of some force (twisting a doorknob)

Answer 2

Actual brekaing

Question 3

Fraud, threatening the use of force, entering through a chimney, obtaining entry by a servant or co-conspirator.

Answer 3

Constructive breaking

Question 4

The slightest intrusion into the structure by any part of the defendants body.

Answer 4

Entry of a person

Question 5

only counts if used to commit an underlying felony

Answer 5

Entry of an object

Question 6

Sending a young kid in to do the job for an adult

Answer 6

Constructive Entry by an Innocent Agent

Question 7

it is used because it needs a casual relationship between the first to the second

Answer 7

breaking AND entering

Question 8

Any place used to sleep in on a regular basis

Answer 8

Dwelling

Question 9

going by occupancy, not ownership

Answer 9

of another

Question 10

When a person’s features cannot be distinguished by natural sunlight

Answer 10

Nighttime

Question 11

specific crime; to break and enter, to commit a felony inside

Answer 11

Intent

Question 12

The malicious burning of the dwelling house of another

Answer 12

Arson

Question 13

Intent to burn, Knew it would burn, obvious fire hazard

Answer 13

Malice crime

Question 14

Fire damage to the structure due to the flame touching the structure

Answer 14

Burning

Question 15

A wrongful taking or carrying away of personal property of another with intent to permanently deprive the owner of possession of the property

Answer 15

Larceny

Question 16

Slightly movement in a carrying away motion

Answer 16

Carrying Away

Question 17

The acquiring dominion and control over the property

Answer 17

Taking

Question 18

No one gets possession over property due to breaking or losing

Answer 18

Malicious Mischief larceny

Question 19

Has permission to take the property but permission was obtained by deception

Answer 19

Larceny by trick

Question 20

I see it, I want it, I take it

Answer 20

Larceny

Question 21

The Fraudulent conversion of the property of another by one who is already in lawful possession of the property

Answer 21

Embezzlement

Question 22

Obtaining title or ownership to property by means of false representation, and with intent to defraud victim

Answer 22

False Pretenses

Question 23

The property is taken from the victims person or presence by means of violence or intimidation

Answer 23

Robbery

Question 24

Taking of property right off the person

Answer 24

Victims person

Question 25

Close to the victim and within the victim's control

Answer 25

Victim's Presence

Question 26

Use of ANY force to take

Answer 26

Violence

Question 27

The treat of death, bodily injury, or destruction of the dwelling house and must place the victim in fear

Answer 27

Intimidation

Question 28

obtaining or attempting to obtain property by threats not sufficient to robbery

Answer 28

Extortion

Question 29

Receiving possession in a manner constituting a criminal offense by another person

Answer 29

Receiving Stolen Property

Question 30

Creating or altering something with legal significance

Answer 30

Forgery

Question 31

Passing off a forgery as genuine

Answer 31

Uttering a Forged Instrument

Question 32

Patterns, Punishments, and Felonies are all what

Answer 32

Consolidation of offenses under theft

Question 33

Only crime provided for in the US Constitution

Answer 33

Treason

Question 34

The willful giving of a false statement under oath in a judicial proceeding

Answer 34

Perjury

Question 35

Intentionally causing someone else to commit perjury

Answer 35

Subordination of perjury

Question 36

Agreeing for consideration not to prosecute another for a felony

Answer 36

Compounding a Crime

Question 37

the corrupt payment or receipt of anything of value in return for official action

Answer 37

Bribery

Question 38

Misdemeanor to counsel, incite, or induce another to commit the commission of any offense

Answer 38

Solicitation

Question 39

"take it back"

Answer 39

Renunciation

Question 40

A combination or agreement between two or more people to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means

Answer 40

Conspiracy

Question 41

entering into the agreement

Answer 41

the Act of a conspiracy

Question 42

When it takes two people to commit a crime, then it takes three people to have a conspiracy to commit that crime

Answer 42

Whatron's Rule

Question 43

what from a conspiracy is no defense no matter when it takes place

Answer 43

Withdrawal

Question 44

An act which, although done with the intention of committing a crime, for one reason or another falls short of completion

Answer 44

Attempt

Question 45

The defendant must do an act towards completing the crime

Answer 45

Act

Question 46

The standard distinguishing between preparation and attempt in a criminal case

Answer 46

Unequivocality

Question 47

What are the three defense impossibilities

Answer 47

Legal Impossibility, Factual Impossibility, and inherent impossibility

Question 48

When a defendant cannot aid in their own defense

Answer 48

Incompetency to stand trial

Question 49

What are the three conditions giving rise to insanity

Answer 49

Mental illness or disease, Mental Retardation, Involuntary Intoxication

Question 50

What does not work for the insanity plea?

Answer 50

Psychopathic personality or sociopathic personality disorder

Question 51

The tests for insanity are based on what

Answer 51

Cognitive and Volitional

Question 52

Inability to perceive reality and reason

Answer 52

Cognitive

Question 53

Inability to control behavior

Answer 53

Volitional

Question 54

The but/for test to identify the insanity of a defendant

Answer 54

New Hampshire Test

Question 55

Defendant is insane if they lacked the ability at the time to either know the nature and quality of his actions or know that his actions were wrong

Answer 55

M'Naghten Rule

Question 56

Evidence of mental illness that falls short of insanity that can prove the defendant could not have formed the specific intent for the crime

Answer 56

Diminished Capacity

Question 57

Is a state of mind, not a particular substance. Is a matter of degree

Answer 57

Intoxication

Question 58

Defendant either could not have known the substance ingested was intoxicating

Answer 58

Involuntary intoxication

Question 59

It shows the defendant lacked a specific intent required for the crime

Answer 59

Voluntary intoxication

Question 60

Only prevent liability if it shows that the defendant lacked a mental state essential to the crime

Answer 60

Mistake of Fact

Question 61

Never a defense (comes after the fact/act)

Answer 61

Forgiveness

Question 62

This can be a defense (comes before the fact/act)

Answer 62

Consent

Question 63

Require a lack of the victims consent, and can't be committed if there was consent

Answer 63

Rape/Kidnapping

Question 64

Conduct otherwise criminal is justified if, as a result of pressure from natural forces, the defendant reasonable believed that the conduct was necessary to avoid a greater harm to society

Answer 64

Necessity

Question 65

A threat by another human being to use force against the defendant or another person unless the defendant commits the criminal offense

Answer 65

Duress

Question 66

One can use however much reasonable appears necessary to prevent a felony or serious breach of the peace

Answer 66

Non-Deadly Force

Question 67

Only to prevent or end a dangerous felony involving risk to human life

Answer 67

Deadly Force

Question 68

Where criminal intent originates with the police and defendant was not predisposed to commit the crime before the police contact

Answer 68

Entrapment

Question 69

The defendants predisposition to commit the crime is what and goes to what

Answer 69

Subjective standard- Jury

Question 70

Focus is on the law enforcement officer's activity is what and goes to what

Answer 70

Objective standard- Judge