Midterm

Question 0

A legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of search warrant specifying the seizure of those objects.

Answer 0

Plain view

Question 1

An offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

Answer 1

Inchoate offense

Question 2

An improper or illegal inducement to crime by agents of law enforcement.

Answer 2

Entrapment

Question 3

A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

Answer 3

Excuse

Question 4

An act in violation of the law. Also, a guilty act.

Answer 4

Actus Reus

Question 5

The state of mind that accompanies a criminal act. Also, a guilty mind.

Answer 5

Mens rea

Question 6

A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a specified person has committed a specified crime.

Answer 6

Probable cause

Question 7

Latin for “after the fact.”

Answer 7

Ex post facto

Question 8

Acts that are regarded, by tradition and convention, as wring in themselves.

Answer 8

Mala in se

Question 9

Acts that are considered wrong only because there is a law against them.

Answer 9

Mala prohibits

Question 10

The understanding, based on US Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial.

Answer 10

Exclusionary rule

Question 11

The advisement of rights due criminal suspects by the police before questioning begins.

Answer 11

Miranda warnings

Question 12

In a specific crime, one of the essential features of that crime, as specified by law or statute.

Answer 12

Elements of a crime

Question 13

A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong.

Answer 13

M’Naghten rule

Question 14

A common law and constitutional prohibition against a second trial for the same offense.

Answer 14

Double jeopardy

Question 15

A warrant less search of an arrest individual conducted to ensure the safety of the arresting officer. Because individuals placed under arrest may be in possession of weapons, courts have recognized the need for arresting officers to protect themselves by conducting an immediate search if arrestees without obtaining a warrant.

Answer 15

Search incident to an arrest

Question 16

The right against unreasonable searches and seizures.

Answer 16

Fourth

Question 17

The right against arrest without probable cause.

Answer 17

Fourth

Question 18

The right against self-incrimination.

Answer 18

Fifth

Question 19

The right against “double jeopardy”

Answer 19

Fifth

Question 20

The right to due process of law

Answer 20

Fifth, sixth, fourteenth

Question 21

The right to a speedy trial

Answer 21

Sixth

Question 22

The right to a jury trial

Answer 22

Sixth

Question 23

The right to know the charges

Answer 23

Sixth

Question 24

The right to cross-examine witnesses

Answer 24

Sixth

Question 25

The right to a lawyer

Answer 25

Sixth

Question 26

The right to compel witnesses on one's behalf

Answer 26

Sixth

Question 27

Is a statement or contention by the defendant stating that he or she could not have committed the crime in question because he or she was somewhere else at the time of the crime.

Answer 27

Alibi

Question 28

Self-defense, defense of others, defense of home and property, necessity, consent, resisting unlawful arrest

Answer 28

Justification

Question 29

Makes the claim that it was necessary to inflict harm on another to ensure one's own safety in the face of near certain injury death.

Answer 29

Self-defense

Question 30

You may use reasonable force to defend others who are or who appear to be in imminent danger.

Answer 30

Defense of others

Question 31

Most jurisdictions allow for the use of reasonable, non-deadly force in defense of one's property.

Answer 31

Defense of home and property

Question 32

One can sometimes violate the law when the purpose of the action is to prevent even greater harm.

Answer 32

Necessity

Question 33

If harm comes to an individual after she agreed to participate in the activity.

Answer 33

Consent

Question 34

A person has the right to resist arrest if the arrest is unlawful

Answer 34

Resisting unlawful arrest

Question 35

Defendants admit to committing the offense, but believe that they should not be held criminally responsible because of some personal condition or circumstance at the time of the act.

Answer 35

Excuses

Question 36

Defendants claim that they were in some way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged

Answer 36

Procedural defenses

Question 37

Is a legal definition not a medical one.

Answer 37

Insanity