Criminal Law and Proc Midterm Flashcards
A claim by a defendant that they were not present at the scene of the crime at the time that the crime was committed…
alibi
Crimes that are inherently evil in and of themselves are …
Mala in se
Under this rule, 2 people cannot be charged with conspiracy when the underlying offense itself requires two people…
Wharton’s Rule
Shields witness from prosecution for all offenses related to their testimony…
Transactional Immunity
Any act that interferes with the performance of a public officials duties is the crime of …
Obstruction of Justice
Stand Your Ground laws are an extension of the (in some states) …
Castle Doctrine
Conversion of personal property of another by one who has acquired lawful possession with intent to defraud the owner…
Embezzlement
Refers to homicide that results from an act that demonstrates a callous disregard for a high risk to the victim’s life …
Depraved Heart Murder
Party who aids, counsels, assists, or encourages principal in the first degree but does not commit actus reus of the crime…
principle in the second degree
Under the ____________, a 2nd prosecution by different government against the same person for the same crime does not violate double jeopardy.
Dual Sovereignty Doctrine
When does double jeopardy start in a jury trial ?
When the juror is sworn in
When does double jeopardy start in a bench trial ?
When the first witness is sworn in
Applied agreement between all people that they will relinquish a certain amount of liberties in exchange for security …
Social Contract
Power of judicial branch to review the actions of executive/legislative branches …
Judicial Review
What types of courts do not hear evidence or call witnesses ?
Appellate Courts
What are Appellate Courts concerned with ?
Questions of Law
A mix of assault and larceny …
Robbery
The joining of mens rea and actus reus …
Concurrence
Murder at common law with unlawful killing of human being with …
malice aforethought
Power of courts to invalidate legislation and the acts of the executive branch that are unlawful…
Judicial Review
Constitution cannot prohibit someone of life, liberty, and property without…
Due Process of Law
System created to prevent 1 branch from controlling all functions within government…
Checks and Balances
Inchoate crimes are…
Incomplete crimes
What type of law does the legislative branch create ?
Statutes
What is considered criminal mischief?
Destruction of property
What form of self defense can be used when a spouse kills a spouse as their only means of escaping violence?
Battered spousal syndrome
When can infancy be used as a defense against crimes?
For people under the age of 7
What is it called when a crime has a certain amount of time to be tried after it’s committed ?
Statute of limitations
Mens Rea is best defined as…
the mental aspect of any crime
These crimes can be proven without showing any mens era, only that the act was committed…
Strict Liability
The theory of punishment is often associated with “vengeance”
Retribution
Does a parent have a moral and legal obligation to obtain medical help for their child ?
Yes, there is a legal obligation as well.
Is intent a required element for every crime ?
No, not every crime
What are laws written by city, county, and other local governments ?
Ordinances
What is Dual Sovereignty?
The federal and state governments each possess authority over the citizens and are free from interference from the other.
What is the burden of proof in a criminal case?
Beyond a reasonable doubt
What seeks to deter individuals already convicted of crimes from committing more in the future?
Specific Deterrence
What is the source of most penal law today ?
Stater statutes and local ordinances
An unlawful killing that is missing the malice aforethought is…
Manslaughter
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”?
Res Ipsa Loquitor
What speech is not protected by the First Amendment ?
Fighting words
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…
Larceny
Does perjury only apply to someone testifying in court?
No
What is the mens rea for arson under the MPC?
Purposeful and Reckless
Is asportation an element of false imprisonment?
No
A threat to injure a victim’s reputation, business, financial status, or family relationships are examples of…
extortion
What are the 2 mens rea elements of receiving stolen property?
- There must be an intent to deprive the owner of property
- Actual knowledge that the property was stolen
Is mistake of law is a commonly used defense?
No
Does the judge alone decide whether a defendant is competent to stand trial?
No
What amendment protects against self incrimination?
5th amendment
In affirmative defenses, who gets the burden of proof?
The defendant
Does retrying a case that results in mistrial violate double jeopardy?
No, it can be legally tried again
When can consent not be used as a defense?
Child Molestation, Statutory Rape, Murder
Can duress be used as a legal justification in homicide cases?
No
