Ch 5. Criminal Law

Question 1

Laws designed to prevent harm to society in general, and which declare certain actions to be crimes. (92)

Answer 1

Criminal law

Question 2

Activities, for which society may penalize an offender, that violate criminal law. (92)

Answer 2

Crimes

Question 3

The goal of ___ is the vindication of a wrong done to society, and the prevention of future bad acts by both this offender and others. (92)

Answer 3

criminal law

Question 4

Laws that seek to enforce private rights and remedies for some wrong done to an individual or organization. (92)

Answer 4

Civil law

Question 5

Most crimes are defined by ___ or ___ statutes. (92)

Answer 5

federal or state

Question 6

Defined as the willful and malicious burning of the dwelling of another. (92)

Answer 6

common-law arson

Question 7

Crimes punishable by more than one year in jail are ___. (93)

Answer 7

felonies

Question 8

Crimes punishable by sentences of one year or less are ___. (93)

Answer 8

misdemeanors

Question 9

Violations of law that are not criminal in nature, but for which a person may be penalized by government. (93)

Answer 9

Civil infractions

Question 10

___ is a fact that must be present in order for a crime to be committed. (94)

Answer 10

An element of a crime

Question 11

Elements [of crimes] fall into three categories: (94)

Answer 11

1) act
2) mental state
3) attendant circumstances

Question 12

An act, whether affirmative or a failure to act, must be ___ in nature. (94)

Answer 12

voluntary

Question 13

Every crime has a mental state requirement, called ____. (101)

Answer 13

a mens rea

Question 14

The 4 criminal mental states: (101)

Answer 14

1) purposeful
2) knowing
3) reckless
4) negligent

Question 15

[Criminal mental states]

The person intended or desired to engage in certain conduct or cause a certain outcome. (101)

Answer 15

Purposeful

Question 16

[Criminal mental states]
The person knew to a substantial certainty that a particular outcome would follow from his or her act, even if the person did not intend or desire it. (101)

Answer 16

Knowingly

Question 17

[Criminal mental states]
A person consciously disregards a known and substantial risk of harm involving a gross deviation from the standard of care of the law-abiding citizen. (102)

Answer 17

Recklessness

Question 18

[Criminal mental states]
The perpetrator should have been aware that a substantial and unjustifiable risk of harm would result from his or her conduct; it involves deviation from what the reasonably prudent person would have done under the circumstances. (102)

Answer 18

Negligence

Question 19

Category of crime for which a criminal mental state is not required to be proven; it’s focus is solely on the act. (104)

Answer 19

Strict liability crimes

Question 20

The unpermitted, offense of touching another. (110)

Answer 20

Battery

Question 21

___ is a defense to battery. (110)

Answer 21

consent

Question 22

Consent may be ___ through social custom or engaging in an activity where contact is expected. (110)

Answer 22

implied

Question 23

An attempted battery or other action that places the victim in fear of imminent bodily contact. (111)

Answer 23

Assault

Question 24

A common-law offense consisting of the unlawful restraint upon a person’s freedom and ability to come and go as they please. (111)

Answer 24

False imprisonment

Question 25

Historically, the distinction drawn between false imprisonment and kidnapping:

Answer 25

False imprisonment: the victim could be held in place or transported a short distance
Kidnapping: the victim must be transported some distance

Question 26

At common law, ____ was the forcible taking of another person, and transporting that person against their will across a boundary. Although statutes have eliminated the boundary requirement. (112)

Answer 26

kidnapping

Question 27

___ is treated as an aggravated form of false imprisonment, usually requiring some sort of asportation (transportation of the victim) and requires the use of force or threatened use of force. (112)

Answer 27

kidnapping

Question 28

A serious felony for which the perpetrator could be executed or sentenced to life in prison. (113)

Answer 28

Capital offence

Question 29

The most basic of the theft crimes. (113)

Answer 29

Larceny or stealing

Question 30

The taking of property of another with intent to permanently deprive the owner. (113)

Answer 30

Larceny

Question 31

Larceny that occurs when someone who lawfully has possession of another’s property fraudulently appropriates that property for his or her own use. (113)

Answer 31

Embezzlement

Question 32

Larceny through the use or threatened use of immediate violence. (114)

Answer 32

Robbery

Question 33

The obtaining of money or property- or otherwise requiring someone to do something they are not legally required to do- by means of a threat. (115)

Answer 33

Extortion

Question 34

While extortion often involves a perpetrator seeking money or property, a ___ is not required. (115)

Answer 34

profit motive

Question 35

Common-law arson required ____ in order for arson to have occurred. (118)

Answer 35

the charring of structural wood

Question 36

Modern arson laws include any act that risks ___ by means of fire or explosion. (118)

Answer 36

injury to any person or damage to any building

Question 37

The criminal mental states of purposefully or knowingly setting a fire constitute ___. (120)

Answer 37

intent

Question 38

___ as a criminal mental state is not adequate to convict someone of arson. (120)

Answer 38

Negligence

Question 39

___ provides both criminal and civil tools to attack and dismantle criminal enterprises. (123)

Answer 39

Racketeer Influenced and Corrupt Organizations Act (RICO Act)

Question 40

____ crimes can be distinguished from violations of civil law in that the statute must specifically declare that any violation is a crime. (125)

Answer 40

Statutory