Intro To Criminal Law

Question 1

justice

Answer 1

most..

Question 2

has its own machiner of governm

Question 3

has its own machinery of governmen tate c

Question 4

the criminal justice system within that state. Of course

Answer 4

the provisions of the

Question 5

the criminal justice system within that state. Of course

Answer 5

the provisions of the

Question 6

state constitutions

Answer 6

as well as the statutes adopted by the state legislatures

Question 7

subordinate to the provisions of the U.S. Constitution and the laws adopted by

Question 8

Congress.

Question 9

• Separation of powers. The national government and each of the fifty state gov-

Question 10

ernments are constructed on the principle that legislative

Answer 10

executive

Question 11

powers must be separated into independent branches of government. Thus

Answer 11

the

Question 12

federal government and the states have their own legislative branches

Answer 12

their own

Question 13

executive branches

Answer 13

and their own systems of courts. The legislative branch is

Question 14

responsible for enacting laws that specify crimes and punishments. The execu-

Question 15

tive branch is responsible for enforcing those prohibitions and for carrying out

Question 16

the punishments imposed by the judicial branch

Answer 16

but it is the judicial branch that

Question 17

interprets the laws and ensures that persons charged with crimes receive fair

Question 18

treatment by the criminal justice system.

Question 19

hat Is a Crime?

Question 20

Every crime involves a wrongful act (actus reus) specifically prohibited by the crimi-

Question 21

nal law. For example

Answer 21

in the crime of battery

Question 22

sive touching of another person. Even the failure to take action can be considered

Question 23

a wrongful act if the law imposes a duty to take action in a certain situation. For ex-

Question 24

ample

Answer 24

a person who fails to file a federal income tax return may be guilty of a federal

Question 25

offense.

Question 26

In most cases

Answer 26

the law requires that the wrongful act be accompanied by crimi-

Question 27

nal intent (mens rea). Criminal intent does not refer to a person's motive or reason

Question 28

for acting but merely to having formed a mental purpose to act. To convict a per-

Question 29

son of a crime

Answer 29

it is not necessary to know why a person committed the crime. It

Question 30

is only necessary to show that the individual intentionally committed a prohibited

Question 31

act. An unintentional act is usually not a crime

Answer 31

although

Question 32

are exceptions to this principle. Moreover

Answer 32

in certain instances

Question 33

criminally responsible irrespective of intent. Crimes of this latter nature are classi-

Question 34

fied as strict liability offenses. A good example of a strict liability offense is sell-

Question 35

ing liquor to a minor. (Strict liability offenses and general elements of crimes are

Question 36

discussed in Chapter 4.)