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Marist Fall 2024 > Criminal Law and Proc Midterm > Flashcards

Criminal Law and Proc Midterm Flashcards

1
Q

A claim by a defendant that they were not present at the scene of the crime at the time that the crime was committed…

A

alibi

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2
Q

Crimes that are inherently evil in and of themselves are …

A

Mala in se

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3
Q

Under this rule, 2 people cannot be charged with conspiracy when the underlying offense itself requires two people…

A

Wharton’s Rule

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4
Q

Shields witness from prosecution for all offenses related to their testimony…

A

Transactional Immunity

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5
Q

Any act that interferes with the performance of a public officials duties is the crime of …

A

Obstruction of Justice

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6
Q

Stand Your Ground laws are an extension of the (in some states) …

A

Castle Doctrine

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7
Q

Conversion of personal property of another by one who has acquired lawful possession with intent to defraud the owner…

A

Embezzlement

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8
Q

Refers to homicide that results from an act that demonstrates a callous disregard for a high risk to the victim’s life …

A

Depraved Heart Murder

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9
Q

Party who aids, counsels, assists, or encourages principal in the first degree but does not commit actus reus of the crime…

A

principle in the second degree

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10
Q

Under the ____________, a 2nd prosecution by different government against the same person for the same crime does not violate double jeopardy.

A

Dual Sovereignty Doctrine

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11
Q

When does double jeopardy start in a jury trial ?

A

When the juror is sworn in

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12
Q

When does double jeopardy start in a bench trial ?

A

When the first witness is sworn in

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13
Q

Applied agreement between all people that they will relinquish a certain amount of liberties in exchange for security …

A

Social Contract

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14
Q

Power of judicial branch to review the actions of executive/legislative branches …

A

Judicial Review

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15
Q

What types of courts do not hear evidence or call witnesses ?

A

Appellate Courts

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16
Q

What are Appellate Courts concerned with ?

A

Questions of Law

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17
Q

A mix of assault and larceny …

A

Robbery

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18
Q

The joining of mens rea and actus reus …

A

Concurrence

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19
Q

Murder at common law with unlawful killing of human being with …

A

malice aforethought

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20
Q

Power of courts to invalidate legislation and the acts of the executive branch that are unlawful…

A

Judicial Review

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21
Q

Constitution cannot prohibit someone of life, liberty, and property without…

A

Due Process of Law

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22
Q

System created to prevent 1 branch from controlling all functions within government…

A

Checks and Balances

23
Q

Inchoate crimes are…

A

Incomplete crimes

24
Q

What type of law does the legislative branch create ?

A

Statutes

25
Q

What is considered criminal mischief?

A

Destruction of property

26
Q

What form of self defense can be used when a spouse kills a spouse as their only means of escaping violence?

A

Battered spousal syndrome

27
Q

When can infancy be used as a defense against crimes?

A

For people under the age of 7

28
Q

What is it called when a crime has a certain amount of time to be tried after it’s committed ?

A

Statute of limitations

29
Q

Mens Rea is best defined as…

A

the mental aspect of any crime

30
Q

These crimes can be proven without showing any mens era, only that the act was committed…

A

Strict Liability

31
Q

The theory of punishment is often associated with “vengeance”

A

Retribution

32
Q

Does a parent have a moral and legal obligation to obtain medical help for their child ?

A

Yes, there is a legal obligation as well.

33
Q

Is intent a required element for every crime ?

A

No, not every crime

34
Q

What are laws written by city, county, and other local governments ?

A

Ordinances

35
Q

What is Dual Sovereignty?

A

The federal and state governments each possess authority over the citizens and are free from interference from the other.

36
Q

What is the burden of proof in a criminal case?

A

Beyond a reasonable doubt

37
Q

What seeks to deter individuals already convicted of crimes from committing more in the future?

A

Specific Deterrence

38
Q

What is the source of most penal law today ?

A

Stater statutes and local ordinances

39
Q

An unlawful killing that is missing the malice aforethought is…

A

Manslaughter

40
Q

What test looks at crimes individually and finds an act, a certain point in the time, which indicates that the defendant has “no other purpose than the commission of that specific crime”?

A

Res Ipsa Loquitor

41
Q

What speech is not protected by the First Amendment ?

A

Fighting words

42
Q

At common law the trespassory taking and carrying away of the personal property of another with an intent to permanently deprive the owner of possession is…

A

Larceny

43
Q

Does perjury only apply to someone testifying in court?

A

No

44
Q

What is the mens rea for arson under the MPC?

A

Purposeful and Reckless

45
Q

Is asportation an element of false imprisonment?

A

No

46
Q

A threat to injure a victim’s reputation, business, financial status, or family relationships are examples of…

A

extortion

47
Q

What are the 2 mens rea elements of receiving stolen property?

A
  1. There must be an intent to deprive the owner of property
  2. Actual knowledge that the property was stolen
48
Q

Is mistake of law is a commonly used defense?

A

No

49
Q

Does the judge alone decide whether a defendant is competent to stand trial?

A

No

50
Q

What amendment protects against self incrimination?

A

5th amendment

51
Q

In affirmative defenses, who gets the burden of proof?

A

The defendant

52
Q

Does retrying a case that results in mistrial violate double jeopardy?

A

No, it can be legally tried again

53
Q

When can consent not be used as a defense?

A

Child Molestation, Statutory Rape, Murder

54
Q

Can duress be used as a legal justification in homicide cases?

A

No

Marist Fall 2024 (3 decks)

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