Criminal Law Final – Flashcards

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Private wrongs for which you can sue the party who wronged you and recover money are known as:
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torts.
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Who has the burden of proof regarding criminal conduct?
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the prosecution.
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An offense which is punishable by one year or more in a state prison is called a:
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felony.
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To obtain a conviction, the prosecution must prove every element of the offense:
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beyond a reasonable doubt.
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Who formulated the theory that rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure they hope to get from committing the crime?
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Jeremy Bentham.
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The authors of the US Constitution were suspicious of:
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power in the hands of government officials.
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What is the name of a law that criminalizes an act that was innocent when it was committed?
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ex post facto law.
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Which Amendment to the Constitution requires that states provide equal protection of the law?
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The Fourteenth Amendment.
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Which of the following rights is guaranteed by the Fourth Amendment?
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the right to freedom from unreasonable search and seizure.
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A trial without a jury is called:
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a bench trial.
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Criminal conduct consists of how many elements?
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one.
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Criminal liability is defined as criminal conduct that qualifies for criminal:
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punishment.
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Only voluntary acts qualify as criminal:
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actus reus.
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Which type of possession is it when one has physical control of banned stuff?
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actual possession.
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The criminal law refers to a failure to act when there is a legal duty to act as:
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an omission.
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The mutual element of a crime is called:
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mens rea.
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Proximate cause is a subjective question of fairness that appeals to the jury's sense of:
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justice.
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Another term for criminal act is:
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actus reus.
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The case that either interrupts a chain of events or substantially contributes to a result is called the:
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intervening cause.
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Conscious risk creation is called:
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recklessness.
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A defense in which the defendant accepts responsibility for the act but claims what they did was right is:
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justification.
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A defense where the defendant admits acts but claims they are not legally responsible is:
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an excuse.
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Circumstances that convince others that maximum punishment should not be handed down:
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mitigating circumstances.
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Choice of evils defense is the necessity to prevent:
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imminent danger.
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Self defense is available against only what type of attacks?
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unprovoked.
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Affirmative defense requires defendants to carry some burden or proving they have an excuse that will relieve them of:
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criminal responsibility.
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Insanity excuses criminal liability:
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when it seriously damages their capacity to control their acts.
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What is the name of the right-wrong test of insanity?
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the M'Naghten rule.
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Which test of insanity from the Model Penal Code incorporates both the appreciation and control components of other tests?
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substantial capacity.
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What word do those who criticize the use of the word "know" in insanity tests prefer?
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appreciate.
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Participants who are involved after the commission of a crime are guilty of a:
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separate, less serious offense.
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Participants before and during the commission of crimes are:
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guilty of the crime itself.
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Which liability has to be created by a statute?
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vicarious liability.
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Participants after crimes are committed are known as:
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accessories.
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An agreement to commit a crime is a:
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conspiracy.
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Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?
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inchoate.
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Which rationale looks at how close defendants came to completing their crimes?
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the dangerous act rationale.
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Which rationale concentrates on how fully defendants have developed their criminal purpose?
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the dangerous person rationale.
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Which test examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe she was determined to commit the intended crime?
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the unequivocality test.
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Trying to commit crimes, but not completing them, is known as:
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criminal attempt.
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Much of the body of criminal homicide law is about:
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grading the seriousness of the offense.
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As the common law developed, murder was distinguished from manslaughter in that murder required:
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malice aforethought.
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Throughout most of its history, homicide law has followed what rule?
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the born alive rule.
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Why was the crime of murder divided into first and second degree?
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to separate murders that deserve the death penalty from those that do not.
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An intentional, sudden killing triggered by an adequate provocation is said to be:
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the heart voluntary manslaughter.
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One of the most critical problems in sex offenses is to distinguish flirting and seduction from:
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sexual assault.
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Rape shield statutes:
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prohibit introducing evidence of victims' past conduct.
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The vast majority of rape victims are raped by:
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individuals they know.
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Statutory rape is what kind of crime in most states?
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strict liability.
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Rape by strangers or individuals with weapons who physically injure their victims is:
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aggravated rape.
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