Criminal Chapter Questions Flashcards
“1. Name inchoate offenses”””
a. Attempt
b. Conspiracy
c. Solicitation”
“2. Give 2 examples of strict liability crimes (i.e., intent is irrelevant)”
“a. Statutory rape, where a person who has sexual intercourse with a minor
b. Selling liquor to a minor.”
“3. Under what circumstances does the court usually allow a person to use deadly force in defense of an attack?”
a. Place where the person has a right to be
b. Act without fault.
c. Act in reasonable fear or apprehension of death or great bodily harm”
“4. Give an example of a scenario when a defendant might assert the defenses of a. Duress-
b. Necessity-
a. Duress- If the coercion exerted involved the use of threats of harm that were present, imminent, and pending and of such nature as to include well-grounded apprehensions of death or serious bodily harm if the act was not done.
b. Necessity- A condition that compels or requires a certain course of action
i. The act charged must have been done to prevent a significant evil
ii. There must have been no adequate alternative
iii. The harm caused must not have been disproportionate to the harm avoided.”
“5. How do false imprisonment and kidnapping differ?
a. False imprisonment- consist of confining someone against that persons will
b. Kidnapping- forcibly abducting and taking a person.”
“6. How does a negative defenses and affirmative defense differ?”
“a. Negative defenses attempt to negate the charge that the defendant committed a wrongful act.
b. Affirmative defense do not dispute that the act took place, but instead deny the defendants criminal responsibility for the act or assert other limitations on the authority of government to prosecute the defendant. “
“7. Name 4 defenses to crime involving defendants lack of capacity (and therefore lack of intent).””
a. Infancy-
b. Intoxication
c. Insanity
d. Automatism
“8. What 5 defenses assert the excuse of justification for a crime?”
a. Duress
b. Necessity
c. Consent
d. Mistake of Law
e. Mistake of fact”
“9. What are 3 requirements for the use of deadly force in self-defense?
a. Place where the person has a right to be
b. Act without fault
c. Act in reasonable fear or apprehension of death or great bodily harm”
“10. Name 4 alternatives to incarceration for convicted felons.”
a. Retribution
b. Deterrence
c. Rehabilitation
d. Incapacitation
“11. What rationale supports the unique character of offenses peculiar to the armed forces?
a. Members of the armed forces enjoy constitutional rights and protections as do civilians, but some of these rights are restricted because of the military environment.
