Chapter 3

Question 1

Types of Law

Answer 1

Criminal Law and Civil Law

Question 2

Criminal Law

Answer 2

Law of crime defined by statute, and it prescribes what we should do as well as what we should not do. Everyone in society is expected to follow criminal law otherwise any violations are treated as an act against the state and the individual victim.

Question 3

What is crime?

Answer 3

Act in violation of a criminal law for which a punishment is prescribed the person must have intended to do so and have done so without legally acceptable defense of justification.
Examples: Murder, Rape, Assault, and Theft

Question 4

Sources of criminal law

Answer 4

State and Federal constitutions, statutes, and common law

Question 5

Limitations on criminal law

Answer 5

-Forbids the passage of laws that infringe on substantive rights of individuals (speech, assembly)

Question 6

Void for vagueness

Answer 6

Failed to clearly define both the act prohibited and the appropriate punishment in advance

Question 7

Ex Post Facto Laws

Answer 7

Laws that are passed after the fact; the event occurs first and then it is criminalized. (Abortion example Page 59)

Question 8

Elements of criminal liability

Answer 8

Evident only if a criminal act exists and the intent to commit it causing harm to another. Actus reus, Mens rea, concurrence, causation, harm

Question 9

Actus Reus

Answer 9

(Criminal Act) – There must be an act

Question 10

Mens Rea

Answer 10

(Criminal Intent) –Guilty mind

Question 11

The Model Penal Code Laws of Intent

Answer 11

1. Purposely
2. Knowingly
3. Reckless
4. Negligent

Question 12

Concurrence

Answer 12

Simply the act and the intent combined and acted out

Question 13

Causation

Answer 13

The legal principle that the criminal act is the act that in fact caused the harm

Question 14

Harm

Answer 14

The result of the act

Question 15

Strict Liability

Answer 15

imposes accountability without proof of criminal intent in situations where society deems it fair to do so

Question 16

Vicarious Liability

Answer 16

Imputation of accountability from one person to another, usually the individual’s superior

Question 17

Inchoate Crimes

Answer 17

Crimes that occur in preparation for the offense

Question 18

3 Components to Inchoate Crimes

Answer 18

1. Attempt
   2 .Solication
2. Conspiracy

Question 19

Solicitation

Answer 19

Intent to induce another into committing a crime

Question 20

Conspiracy

Answer 20

Agreement between two or more people for the purpose of committing a crime

Question 21

Parties to a crime

Answer 21

Principles, Before and after the fact

Question 22

Principal 1st degree

Answer 22

Those who commit the act

Question 23

Principals 2nd degree

Answer 23

Those who were present during the crime

Example: lookouts, getaways, etc.

Question 24

Accessories before the fact

Answer 24

a. Those who were not present but who facilitated it in some way

Question 25

Accessories after the fact

Answer 25

a. Those who aid the principals in some way after the crime has occurred

Question 26

Justification Defenses

Answer 26

Self defense, consent, and execution of public duties

Question 27

Execution of public duties

Answer 27

a. Allows the use of deadly force under the proper circumstances and allows police to engage in activities that are otherwise criminal if they are doing so for the purpose of their CJC efforts.
i. Undercover drug dealer

Question 28

Excuses Defenses

Answer 28

1.) Duress
2.) Intoxication
Voluntary -You chose to do so
Involuntary-Being drugged, date raped
c. Age- Being too young, etc.
d. Insanity- Mental illness excusing criminal liability

Question 29

M’Naghten Rule

Answer 29

The right or wrong test, meaning that the standard for insanity is realized if the defendant did not know either what he or she was doing or know that it was wrong