Chapter 701 - General Criminal Law Provisions Flashcards
What is a public offense?
701.2 - Public Offense
“A public offense is that which is prohibited by statute and is punishable by fine or imprisonment.”
701.3 - Presumption of Innocence
Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless the person’s guilt thereof is proved at what level?
“Beyond a reasonable doubt.”
A person shall not be convicted of a crime for insanity when…?
701.4 - Insanity
“…if at the time the crime is committed the person suffers from such a diseased or deranged condition of the mind as to render the person incapable of knowing the nature and quality of the act the person is committing or incapable of distinguishing between right and wrong in relation to that act. Insanity need not exist for any specific length of time before or after the commission of the alleged criminal act.”
701.4 - Insanity
If the defense of insanity is raised, the defendant must prove by what evidentiary standard that the defendant at the time of the crime suffered from such a deranged condition of the mind to render the defendant incapable of knowing the nature and quality of the act the defendant was committing or was incapable of distinguishing between right and wrong in relation to the act?
A preponderance of the evidence
701.5 - Intoxicants or Drugs
“The fact that a person is under the influence of intoxicants or drugs neither excuses the person’s act nor aggravates the person’s guilt, but may be shown where it is relevant to…
…prove the person’s specific intent or recklessness at the time of the person’s alleged criminal act or in proving any element of the public offense with which the person is charged.”
701.6 - Ignorance or Mistake
All persons are presumed to know the law. When is evidence of an accused person’s ignorance or mistake admissible?
“Evidence of an accused person’s ignorance or mistake as to a matter of either fact or law shall be admissible in any case where it shall tend to prove the existence or nonexistence of some element of the crime with which the person is charged.”
What is a merger of lesser included offenses?
701.9 Felony defined and classified
“No person shall be convicted of a public offense which is necessarily included in another public offense of which the person is convicted. If the jury returns a verdict of guilty of more than one offense and such verdict conflicts with this section, the court shall enter judgment of the greater of the offenses only.”
When a defendant in criminal prosecution is charged with sexual abuse, can their commission of another sexual abuse be admissible?
701.11 - Evidence of Similar Offenses - Sexual Abuse
Yes. “Evidence of the defendant’s commission of another sexual abuse is admissible and may be considered for its bearing on any matter for which the evidence is relevant. This evidence, though relevant, may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. This evidence is not admissible unless the state presents clear proof of the commission of the prior act of sexual abuse.”
701.11 - Evidence of Similar Offenses - Sexual Abuse
The prosecution shall disclose evidence of similar offenses to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, how many days prior to the scheduled trial date?
Ten days.
The court may for good cause shown permit disclosure less than ten days prior to the scheduled date of trial.
701.12 - Persons under the age of twenty-one seeking emergency assistance for overdose - immunity
To be eligible for immunity, the reporting person(s) must do all the following…
A. Be the first person to seek emergency assistance.
B. Provide the reporting person’s name and contact information to medical or law enforcement personnel.
C. Remain on the scene until assistance arrives or is provided.
D. Cooperate with medical and law enforcement personnel.
