Crime in General

Question 1

Elements of a Crime

Answer 1

(1) A voluntary act or omission [actus res]
(2) Accompanied by a culpable state of mine [mens rea]
(3) A harmful outcome to a person or society
(4) Caused by the act or omission

Question 2

Types of Crime

Answer 2

(1) Malum in Se = “bad in itself”

(2) Malum Prohibitum = bad b/c of immoral conduct

Question 3

Categories of Crime

Answer 3

(1) Felony [punishment over one year]

(2) Misdemeanor [punishment equal to or less than one year]

Question 4

Theories of Punishment

Answer 4

(1) Retributivism [traditional view]
Just Desserts and Deterrence]
(2) Utilitarianism [modern view]
Rehabilitation and Deterrence

Question 5

Dual Sovereignty

Answer 5

One D can be prosecuted in both Federal and State court systems for the same crime and receive separate punishments [only if D violated both Federal and State laws]