Criminal Law Exam 3 – Flashcards
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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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Criminal liability is imposed on accomplices and accessories because they?
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Participated in Crimes.
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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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Participants after the commission of crimes are?
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Sometimes guilty of a separate less serious crime
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The common law rules that the established four different parties to a crime (principals-in-the-first and -second-degree and accessories-before and -after-the-fact) were probably a reaction to?
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The fact that most felonies were capital offenses.
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Which liability has to be created by 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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Which of the following cases involves the mere presence rule?
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Bailey v U.S. (1969)
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An agreement to commit a crime is a?
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Conspiracy
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What is the name of the rule that the conspiracy to commit the crime and the crime committed as a result of the conspiracy are different offenses?
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Pinkerton Rule
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According to what rule is even presence at the scene of a crime followed by flight not enough action to satisfy the actus reus requirement of accomplice liability?
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Mere Presence Rule
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If they encourage and approve the commission of a crime, words can amount to?
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Accomplice Acteus Reus
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In general, merely being present at the scene of a crime?
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Not sufficient to create accomplice liability
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Mere presence of the defendant at the scene of a crime may create accomplice liability if?
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The defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it.
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Which of the following cases involves being an accessory-after-the-fact?
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State v Chism (1983)
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Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?
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Inchoate Crimes.
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All inchoate offenses share two elements: the actus reus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime, and?
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The mens rea of attempt
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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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The rationale for attempt crimes focuses on what two types of danger?
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Dangerous conduct and dangerous people.
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Physical proximity tests of the actus reus of attempt focus on?
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How close the defendant gets to committing the crime
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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 asks whether defendants have reached a point where they've gotten control of everything they need to complete the crime?
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Indispensable element test.
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Which test asks whether defendants have come "dangerously close" to completing the crime?
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Dangerous proximity to success test
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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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Unequivocality test.
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Which test focuses on whether defendants have gone far enough toward completing the crime that it's unlikely they'll turn back?
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Probable desistance test.
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The Model Penal Code's substantial steps test (also called the "MPC test") was designed to accomplish three important goals. Which of the following is not one of those goals?
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Replace proximity and unequivocality tests Draw line between preparation and beginning to attempt crime Law of attempt firm neutralizing dangerous persons, not just preventing dangerous conduct
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A conspiracy where participants at one end may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale is known as?
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Chain Conspiracy
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Trying to commit crimes, but not completing them, is known as?
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General attempt statue or attempt
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What has occurred when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn't ban what they did?
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Legal impossibility defense
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Which of the following would be a valid impossibility defense?
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Ex. To avoid customs fees, man sneaks antique book through customs, not knowing the law had an exception for antique books.
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Much of the body of criminal homicide law is about?
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Is it first or second degree? Murder vs manslaughter. Manslaughter voluntary or involuntarily.
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According to the Uniform Brain Death Act, a person is considered dead when?
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Individual that has suffered irreversible cessation of all brain functions, including those of the brain stem, is dead.
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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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What is the name of assisted suicide?
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euthanasia
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Which of the following is not one of the forms of euthanasia?
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Helping another person die.
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The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the?
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Mens rea
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In which of the following cases did the Supreme Court approve Oregon's Death with Dignity Act?
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Gonzalez vs. Oregon
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Twenty four states make it a crime to kill a fetus. In what way is this accomplished?
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Revised existing homicide statutes to include fetuses as homicide victims Create new fetal homicide statutes aimed exclusively at fetuses Create statutes that punish attacks on pregnant women that cause death to fetuses they're carrying
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Why was the crime of murder divided into first and second degree?
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Because of the idea that not all felons/murderers should be executed
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What state was the first to separate murder into two degrees?
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Pennsylvania
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An intentional, sudden killing triggered by an adequate provocation is said to be?
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Voluntary manslaughter
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The Constitution requires that in capital punishment cases?
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Mitigating factors
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Bifurcation requires?
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Death penalty decision be made in two phases: a trail to determine guilt and a second separate proceeding after a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital punishment
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In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered?
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Mitigating factors
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What reduces the seriousness of the crime and the punishment to allow for human frailty?
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Provocation
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The central elements in involuntary manslaughter are?
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Actus Reus and Mens Rea
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There's a trend in the U.S. to abolish which of the following?
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Unlawful act manslaughter
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Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty?
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Torture
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Killing done by someone "not of sound memory and discretion" is known as?
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Excusable homicide
