Criminal Law

Question 1

A period of imprisonment issues but suspended so long as an offender reports to a probation officer, and adheres to other rules

Answer 1

Probation

Question 2

Sentencing options

Answer 2

Imprisonment, Monetary Fines, Probation, Death.

Question 3

Are crimes punishable by less than a year in prison

Answer 3

Misdemeanors

Question 4

Sentences of at least 1 year in prison all the way up to death

Answer 4

Felonies

Question 5

crimes punishable by death (or life in prison in states without the death penalty)

Answer 5

Capital Crimes

Question 6

misdemeanors carrying a potential punishment of 6-12 months in prison.

Answer 6

Gross Misdemeanor’s

Question 7

referring to other lesser misdemeanors

Answer 7

Petty Misdemeanors

Question 8

A very low level crime (sometimes not even technically considered a crime) that carries no jail time.

Answer 8

Violation/Infraction/Citation

Question 9

the criminal act

Answer 9

Actus Reus

Question 10

criminal intent

Answer 10

Mens Rea

Question 11

requires that each of these elements, the act and the state of mind, occur at the same time.

Answer 11

Concurrence

Question 12

desiring the outcome

Answer 12

Purposely

Question 13

Knowing the outcome is certain

Answer 13

Knowingly

Question 14

Behaving very dangerously

Answer 14

Recklessly

Question 15

Being careless/sloppy

Answer 15

Negligently

Question 16

crimes that care only that the defendant intended the physical action, not any result (battery)

Answer 16

General Intent

Question 17

Crimes where the government must prove that the defendant intended both his actions and a particular result

Answer 17

Specific Intent

Question 18

in the intentional killing of another human being

Answer 18

Murder

Question 19

To convict a defendant, the state must prove that the defendant

Answer 19

Took some action INTENDING to kill (or cause serious bodily harm)
which CAUSED the death of another

Question 20

is intentional and premeditated - planned in advance

Answer 20

1st Degree Murder

Question 21

Intentional, but not premeditated

Answer 21

2nd Degree Murder

Question 22

criminal homicide where a person death results from the defendants reckless action.

Answer 22

Reckless Homicide

Question 23

is the killing of another human being as the result of criminal negligence

Answer 23

Involuntary Manslaughter

Question 24

a failure to act with the standard of care that is reasonable person would use, resulting in serious harm or death.

Answer 24

Criminal Negligence

Question 25

Is essentially a strict liability crime

Answer 25

Felony Murder

Question 26

legal strategy where the defendant admits to the facts of the case but argues that there are reasons why they should not be held liable, even if those facts are proven.

Answer 26

Affirmative defense

Question 27

Reasonable beliefs requirements has two elements

Answer 27

Subjective and Objective

Question 28

That the defendant actually believed that he was in danger of attack resulting in serious bodily injury or death.

Answer 28

Subjective

Question 29

That a reasonable person in the same circumstances would also have the belief

Answer 29

Objective

Question 30

in some jurisdictions: in public the defendant may not resort to deadly force if she can safety retreat

Answer 30

Retreat

Question 31

stating that individuals have the right to use force to defend their home

Answer 31

Castle doctrine

Question 32

do not require individuals to retreat before resorting to force

Answer 32

Stand your ground laws

Question 33

requiring individuals to try and escape a threatening situation before using force, especially deadly force, in self-defense.

Answer 33

Duty to retreat

Question 34

individuals who initiate violence cannot claim self-defense

Answer 34

Aggressor

Question 35

when an individual honestly but unreasonably believes that he faces a situation calling for self defense and intentionally kills another person some states reduce this charge to manslaughter.

Answer 35

Imperfect self- defense

Question 36

Standards for Insanity

Answer 36

The defendant knew right from wrong, knew what he was doing, could control his actions

Question 37

what are other Affirmative defenses?

Answer 37

Intoxication- only if its involuntary Age- the very young cannot form intent Duress - threats by others Entrapment - police coercion /improper temptation Consent - only if it negates an element of the crime.

Question 38

who are involved before or during the commission of the crime

Answer 38

Accomplices

Question 39

who assist an offender after a crime

Answer 39

Accessories

Question 40

Are crimes that are preliminary or incomplete, coming in three types

Answer 40

Inchoate Crimes

Question 41

An unsuccessful effort to commit a crime

Answer 41

Attempt

Question 42

An agreement to commit a crime + an overt act in furtherance of the agreement

Answer 42

Conspiracy

Question 43

persuading another individual to commit a crime

Answer 43

Solicitation