Chapter 6

Question 1

Indictment

Answer 1

Official charging instrument accusing the defendant of criminal conduct (felonies only), referred to a grand jury

Question 2

In a criminal case, three general elements must be established:

Answer 2

1. The act itself is a criminal act, known as actus reus or the guilty act
2. The intent to commit the criminal act provides the requisite mental state, or the mens rea
3. The attendant or surround circumstances of the crime demonstrate that the crime was committed by the defendatn

Question 3

Arraignment

Answer 3

Formal reading of the accusatory instrument and includes the setting of the bail

Question 4

Conference

Answer 4

If the defendant does not plead guilty following indictment, then plea-bargaining occurs

Question 5

Cruelty to the infirm

Answer 5

Intentional neglect by any person, including a caregiver, causing unjustifiable pain or suffering to an infirm, aged patient

Question 6

First degree murder

Answer 6

Deliberate and premeditated killing of another with malic aforethought

Question 7

Second degree murder

Answer 7

Not deliberate or premeditated but there was malice aforethought (intent to kill = intentional but not planned)

Question 8

Manslaughter

Answer 8

Accidental, reckless, or negligent acts even if there is no intent to cause harm

Question 9

Voluntary manslaughter

Answer 9

The intentional killing of a person without premeditation or malice aforethought, caused by a strong provocation of the victim where there judgement is clouded by strong emotions (heat of passion, found having an affair with the defendant’s spouse)

Question 10

Involuntary manslaughter

Answer 10

Result of a negligent act that occurs when the defendant did not intend to kill the victim but acted in a criminally negligent of reckless manner (performing a risky surgery when the surgeon is not competent to perform it)

Question 11

Misdemeanor

Answer 11

An offense punishable by less then one year in jail and/or a fine