Criminal Law Exam 3 – Flashcards
50 test answers
Unlock all answers in this set
Unlock answers 50question
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?
answer
The fact that most felonies were capital offenses.
Unlock the answer
question
Which liability has to be created by statute?
answer
Vicarious Liability.
Unlock the answer
question
Participants after crimes are committed are known as?
answer
Accessories
Unlock the answer
question
Which of the following cases involves the mere presence rule?
answer
Bailey v U.S. (1969)
Unlock the answer
question
An agreement to commit a crime is a?
answer
Conspiracy
Unlock the answer
question
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?
answer
Pinkerton Rule
Unlock the answer
question
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?
answer
Mere Presence Rule
Unlock the answer
question
If they encourage and approve the commission of a crime, words can amount to?
answer
Accomplice Acteus Reus
Unlock the answer
question
In general, merely being present at the scene of a crime?
answer
Not sufficient to create accomplice liability
Unlock the answer
question
Mere presence of the defendant at the scene of a crime may create accomplice liability if?
answer
The defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it.
Unlock the answer
question
Which of the following cases involves being an accessory-after-the-fact?
answer
State v Chism (1983)
Unlock the answer
question
Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?
answer
Inchoate Crimes.
Unlock the answer
question
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?
answer
The mens rea of attempt
Unlock the answer
question
Which rationale looks at how close defendants came to completing their crimes?
answer
The dangerous act rationale.
Unlock the answer
question
The rationale for attempt crimes focuses on what two types of danger?
answer
Dangerous conduct and dangerous people.
Unlock the answer
question
Physical proximity tests of the actus reus of attempt focus on?
answer
How close the defendant gets to committing the crime
Unlock the answer
question
Which rationale concentrates on how fully defendants have developed their criminal purpose?
answer
The dangerous person rationale.
Unlock the answer
question
Which test asks whether defendants have reached a point where they've gotten control of everything they need to complete the crime?
answer
Indispensable element test.
Unlock the answer
question
Which test asks whether defendants have come "dangerously close" to completing the crime?
answer
Dangerous proximity to success test
Unlock the answer
question
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?
answer
Unequivocality test.
Unlock the answer
question
Which test focuses on whether defendants have gone far enough toward completing the crime that it's unlikely they'll turn back?
answer
Probable desistance test.
Unlock the answer
question
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?
answer
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
Unlock the answer
question
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?
answer
Chain Conspiracy
Unlock the answer
question
Trying to commit crimes, but not completing them, is known as?
answer
General attempt statue or attempt
Unlock the answer
question
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?
answer
Legal impossibility defense
Unlock the answer
question
Which of the following would be a valid impossibility defense?
answer
Ex. To avoid customs fees, man sneaks antique book through customs, not knowing the law had an exception for antique books.
Unlock the answer
question
Much of the body of criminal homicide law is about?
answer
Is it first or second degree? Murder vs manslaughter. Manslaughter voluntary or involuntarily.
Unlock the answer
question
According to the Uniform Brain Death Act, a person is considered dead when?
answer
Individual that has suffered irreversible cessation of all brain functions, including those of the brain stem, is dead.
Unlock the answer
question
As the common law developed, murder was distinguished from manslaughter in that murder required?
answer
"Malice aforethought"
Unlock the answer
question
Throughout most of its history, homicide law has followed what rule?
answer
The Born Alive Rule
Unlock the answer
question
What is the name of assisted suicide?
answer
euthanasia
Unlock the answer
question
Which of the following is not one of the forms of euthanasia?
answer
Helping another person die.
Unlock the answer
question
The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the?
answer
Mens rea
Unlock the answer
question
In which of the following cases did the Supreme Court approve Oregon's Death with Dignity Act?
answer
Gonzalez vs. Oregon
Unlock the answer
question
Twenty four states make it a crime to kill a fetus. In what way is this accomplished?
answer
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
Unlock the answer
question
Why was the crime of murder divided into first and second degree?
answer
Because of the idea that not all felons/murderers should be executed
Unlock the answer
question
What state was the first to separate murder into two degrees?
answer
Pennsylvania
Unlock the answer
question
An intentional, sudden killing triggered by an adequate provocation is said to be?
answer
Voluntary manslaughter
Unlock the answer
question
The Constitution requires that in capital punishment cases?
answer
Mitigating factors
Unlock the answer
question
Bifurcation requires?
answer
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
Unlock the answer
question
In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered?
answer
Mitigating factors
Unlock the answer
question
What reduces the seriousness of the crime and the punishment to allow for human frailty?
answer
Provocation
Unlock the answer
question
The central elements in involuntary manslaughter are?
answer
Actus Reus and Mens Rea
Unlock the answer
question
There's a trend in the U.S. to abolish which of the following?
answer
Unlawful act manslaughter
Unlock the answer
question
Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty?
answer
Torture
Unlock the answer
question
Killing done by someone "not of sound memory and discretion" is known as?
answer
Excusable homicide
Unlock the answer
