Chapter 20 Flashcards
In the context of crime elements, what does “mens rea” signify?
The criminal intent or the mental state with which the act was committed.
Which of the following offenses are typically classified as misdemeanors in the United States?
Public drunkenness and small-time gambling.
What is the difference between the case for the prosecution and the defense in terms of their legal obligation?
The prosecution has to prove the guilt of the defendant beyond a reasonable doubt, while the defense is not obligated to prove the innocence of the accused or present any new evidence.
What determines whether a case can be appealed, and what happens if an appeal is successful?
An appeal is based on the contention that an error of law was made during the trial process, and if successful, the appellate court usually remands the case for a new trial.
Which of the following is NOT a type of plea bargain?
The plea bargain involves a prosecutor’s request to the judge for a heavier sentence for the defendant
During the arraignment process, a defendant enters a plea to the charges. What does the plea “nolo contendere” signify in this context?
The defendant does not deny the facts of the case but claims that they have not committed any crime, or it may mean that the defendant does not understand the charges.
Which of the following statements best describes the role of federal law in relation to state law in the criminal justice system?
Federal law is limited and specific, but it can make laws in other areas if they’re necessary to effectuate enumerated federal powers, such as regulating interstate commerce or collecting taxes.
In the context of jury selection during a trial, what does the term “peremptory challenge” refer to?
The ability to remove a potential juror from the selection process with no reason given.
What constitutes an economic crime according to U.S. criminal law?
Illegal acts committed to obtain a financial advantage or economic gain such as writing a bad check, committing welfare fraud, or misleading advertising.
How is a crime defined in the United States?
Any action specifically violating a criminal statute duly enacted by Congress, a state legislature, or other public authority.
Suppose two individuals conspire to commit a crime, and they take preliminary actionssuch as purchasing a weapon, but the crime is not actually carried out. Which element of a crime does this situation primarily involve?
Element #2: The Actus Reus
When is a defendant informed of their constitutional rights and guarantees during the criminal justice process?
During their appearance before a magistrate or judge.
According to constitutional and statutory restrictions on plea bargaining, which of the following is NOT a requirement for a plea bargain to be legally valid?
The defendant is not required to understand the consequences of a guilty plea.
