criminal law

Question 1

Criminal Procedure

Answer 1

The way criminal prosecutions are handled, governed by the federal or state rules

Question 2

Crime

Answer 2

An activity that has been prohibited by the legislature as violating a duty owed to society and this is punishable

Question 3

Model Penal Code

Answer 3

American Law Institutes proposal for uniform set of criminal laws, uniformity was never achieved

Question 4

5th and 14th Amendment

Answer 4

Due process guarantees a notice and a hearing must be provided

Question 5

Felony

Answer 5

Serious crime, usually prison sentence for 1 or more years

Question 6

Misdemeanor

Answer 6

Minor crime, fine or under a year in prison

Question 7

Homicide

Answer 7

One human killing another

Question 8

1st Degree Murder

Answer 8

Premeditated murder, willingly

Question 9

Actus Reus

Answer 9

The physical act of the crime

Question 10

Mens Rea

Answer 10

The mental intent to do the crime

Question 11

Robbery Vs Burglary

Answer 11

Robbery is taking personal
items with threat of injury.
Burglary is breaking into and entering a building with intent

Question 12

Inchoate Crimes

Answer 12

Attempted crimes

Question 13

Alibi Defense

Answer 13

Proof that defendant could not have been at the scene of the crime

Question 14

Mistake as a defense

Answer 14

Assumption of fact rather than a criminal purpose

Question 15

Excuse Defenses

Answer 15

Infancy: Under age 7
Insanity: Requires proof, locked psychiatric facility
Intoxicated

Question 16

Why don’t attorneys typically use the insanity defense?

Answer 16

It only works 1% of the time

Question 17

Double Jeopardy

Answer 17

Cannot be tried twice for the same crime (Except mistrial)

Question 18

Void for Vagueness

Answer 18

Reasonable Person could not determine the meaning of the law

Question 19

Retreat Exception

Castle Doctrine

Answer 19

Attempting to retreat before resorting to deadly force.

Reasonably deadly force to protect home from intruders

Question 20

Duress

Answer 20

Gunpoint, threat of immediate injury

Question 21

Necessity

Answer 21

Forced to take an action to avoid greater harm

Running from fire, swerving car out of way

Question 22

Entrapment

Answer 22

Tricked or led into commuting the crime by a law enforcement representative

Question 23

Automatism Defense

Answer 23

Lack of voluntariness, unconscious or excuse

Question 24

Criminal Law

Answer 24

Law that deals with harm to society as a whole