Criminal Law

Question 1

Crime

Answer 1

Act violates criminal statue, harms safety or common good, affects all society

Question 2

In a criminal case who are you sued by?

Answer 2

The state

Question 3

Statutory Classifications

Answer 3

Felonies and misdemeanors

Question 4

Felony

Answer 4

Very serious crimes, possible punishment of a year or more

Question 5

Misdemeanor

Answer 5

Small crime, possible jail time is less than a year

Question 6

Can businesses be held liable for crimes committed by their employees?

Answer 6

yes.
Employee must be doing actions they are authorized to do and on behalf of the company or to benefit the company.
Within job scope and in furtherance of company’s interest

Question 7

What protects a company best from employee crime?

Answer 7

Training and corporate culture

Question 8

Elements of a Crime

Answer 8

Actus Reas, Mens Rea, Concurrence, Harmful Result and Causation

Question 9

Actus Reas

Answer 9

A physical/voluntary act, possession, or unlawful omission (failure to act) by defendant

Question 10

Mean Rea

Answer 10

The state of mind or intent at the time the bad act happened

Question 11

Motive

Answer 11

The why of the crime, doesn’t matter in court

Question 12

Subjective Intent

Answer 12

What was going on in the defendant’s brain

Question 13

Objective Intent

Answer 13

What a reasonable person would be thinking

Question 14

Purposely

Answer 14

Consciously made the goal with the intent to commit crime (Subjective Intent)

Question 15

Knowingly

Answer 15

Know the result is likely but do it anyways, (Subjective Intent)

Question 16

Recklessly

Answer 16

Unjustifiable risk but do it anyways even though a reasonable person wouldn’t, (Subjective and Objective Intent)

Question 17

Criminally Negligent

Answer 17

A reasonable person would not do this (Objective Intent)

Question 18

Strict Liability Crimes

Answer 18

Act is enough, don’t need intent to convict

Question 19

Concurrence

Answer 19

Act and mental state exist at same time

Question 20

Harmful Result and Causation

Answer 20

Defendant’s act caused harmful result, actual and proximate cause

Question 21

Principal

Answer 21

Commits act that causes criminal result

Question 22

Accomplice

Answer 22

Charged as principle, intent that the crime be committed, aids, counsels, or encourages the principal before/during the crime

Question 23

Both Accomplice and Principal are liable for

Answer 23

Intended crime and all other foreseeable crimes

Question 24

Effective withdrawal of Co-conspirators

Answer 24

Before crime becomes unstoppable, neutralize assistance, notify authorities, take action to prevent commission

Question 25

Accessory after the fact

Answer 25

Obstruction justice, separately punishable offense, aiding escape, harboring a fugitive, receives, relieves, comforts, or assists criminal that you know has committed a felony (doesn’t apply to family)

Question 26

Defenses to Criminal Liability

Answer 26

Alibi, Justification, Excuse Defenses

Question 27

Alibi

Answer 27

I wasn’t there when the crime was committed

Question 28

Justification

Answer 28

Act that would otherwise be illegal but it justified or makes sense to have done

Question 29

Self-Defense

Answer 29

Justification Defense, requires reasonable belief that death or bodily injury will result, attacker is using unlawful force, victim did not provoke the attack, reasonable force to protect oneself from attack

Question 30

Insanity Defense

Answer 30

Excuse Defense, person is incapable of forming necessary Mens Rea and/or conforming their actions to legal requirements (Mental defect), hard to prove, complete defense to criminal charges (Not civil charges)

Question 31

M’Naghten Rule

Answer 31

Right/Wrong test, don’t know the difference between right and wrong, insanity defense test

Question 32

Irresistible Impulse

Answer 32

Can’t keep from doing a bad action,insanity defense test

Question 33

Diminished Capacity

Answer 33

Doesn’t get rid of charge, operating under mental defect but not enough to prove insanity, reduces charges

Question 34

Temporary Insanity

Answer 34

Passing mental defect, RARELY works

Question 35

Duress

Answer 35

Threat/harm deprived defendant of choice, can’t prove Mens Rea, commits crime to avoid harm, can’t use with homicide

Question 36

Entrapment

Answer 36

Gov. agent induces a person to commit a crime, intent came from gov. agent. Okay to provide reasonable opportunity just can’t convince them to do it

Question 37

Subjective Test

Answer 37

Is the defendant predisposed (already likely to commit this crime)?

Question 38

Objective Test

Answer 38

Reasonable person test

Question 39

Statute of Limitations

Answer 39

Time for prosecution of crime limited/cut off by statute (no cut-off for murder, 10 years for robbery)