Criminal Law

Question 1

What is a crime?

Answer 1

a crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it is to which annexed upon conviction either punishable by (1) death, (2) imprisonment (3) fine (4) removal from office (5) disqualification to hold office of honor, trust or profit in the state.

Question 2

Malum in Se

Answer 2

crimes of moral turpitude. Inherently evil crimes like murder

Question 3

Malum Prohibitum

Answer 3

infractions and regulatory offenses like tickets

Question 4

Utilitarianism

Answer 4

Punishment must be proportionate based on harm and moral blameworthiness (Bentham)

Question 5

Retributivism

Question 6

Theories of Punishment

Answer 6

Incapacitation
Rehabilitation
Retribution
Deterrence (specific and general)

Question 7

Void for Vageness

Question 8

Ex post facto law

Question 9

Bill of attainder

Question 10

equal protection

Question 11

Probable cause

Question 12

Necessarily included offenses

Question 13

Statutory elements test

Question 14

Accusatory pleading test

Question 15

Essential Elements of Crime

Question 16

Actus Reus

Question 17

Mens Rea

Question 18

Unconsciousness

Question 19

Volition by Omission

Question 20

Possession Crimes

Question 21

In corpus delicti