Crimes, Accomplices, and Defenses Ch. 10

Question 1

What do criminal acts consist of

Answer 1

1. Voluntary act or omission (actus reus)

2. Accompanied by a certain state of mind or criminal intent (mens rea)

Question 2

Define Penal laws

Answer 2

Define crimes and designate penalties or punishment for committing them

Question 3

What are the constitutional limitations on penal laws

Answer 3

1. The U.S. Constitution prohibits ex post facto (after-the-fact) laws holding someone liable for acts that were legal when committed
2. The Fifth Amendment of the U.S. Constitution habits double jeopardy (being tried twice for the same offense)

Question 4

Define Mala in se (wrongs in and of themselves)

Answer 4

Acts that are inherently wrong and require intent

Example murder

Question 5

Define Mala Prohibita (prohibited wrongs)

Answer 5

1. Acts that are wrong only because they are prohibited by stature; intent is required
2. All that is necessary doing of the act regardless of intent or actor
   Example speeding ticket

Question 6

Under the common law used in England and the American colonies before the American Revolution all crimes were

Answer 6

mala in se

Question 7

Crimes have been divided into 3 principal groups

Answer 7

1. Treason
2. Felonies
3. Misdemeanors

Question 8

Under common law of England treason was divided into 2 classes

Answer 8

1. High treason (acts against the king)

2. Petit treason (acts against one’s master or Lord)

Question 9

Define aiding and abetting

Answer 9

Participating in a crime by giving assistance or encouragement

Question 10

Define accessory before the fact

Answer 10

One who procures, councils, or commands another to commit a felony but is not present when it is committed

Question 11

Common criminal defenses include the following

Answer 11

1. Alibi
2. Entrapment
3. Insanity
4. Self-defense

Question 12

Define alibi

Answer 12

Defendant was not at crime scene when crime was committed

Question 13

Define insanity

Answer 13

Excuse based defense that is the defendant lacked criminal culpability due to mental disease or defect

Question 14

Define self-defense

Answer 14

Justification based defense that reasonably used force in resisting unlawful, imminent attack

Question 15

What are search warrant exceptions

Answer 15

1. Plainview doctrine
2. Hot pursuit doctrine
3. Stop and frisk rule

Question 16

Define illegal profiling

Answer 16

Proof that police action was based solely on race, religion, national origin, ethnicity or gender, rather than criminal behavior

Question 17

Can illegal profiling be used as a defense

Answer 17

Yes

Question 18

Define fruit of the poisonous tree doctrine

Answer 18

Evidence derived from an illegal search is inadmissible

Question 19

Define cyberlaw

Answer 19

Area of law addressing the use of the Internet and related networks

Question 20

Define cybercrimes

Answer 20

Criminal activity associated with computer network

Question 21

Cybercrimes include the following

Answer 21

Spamming, hacking, computer fraud, identity theft, stocking, black male, and cyber terrorism