Criminal Law Midterm Review Flashcards
Crimes that are inherently evil and require some levels of criminal intent are called…
Mala in se
An offense which is punishable by one year or more in a state prison is called a…
Felony
According to the general principle of actus reus, every crime has to include at least one…
Voluntary act
In early England, judge-made law, in which judge’s court opinions formed the law is known as…
Common law
An ________ law is a retroactive that criminalizes an act that was not a crime when the act occurred.
Ex-post facto
A criminal “omission” is a failure to act when…
There is no legal duty to act
_______ means that a criminal intent must exist at the same time there is a criminal act.
Concurrence
In 1962, the American Law Institute proposed a draft criminal code called the _______ which has been used as a resource by states to reform their criminal codes.
Model Code
To obtain a conviction, the prosecution must prove _____ element of the offense beyond a reasonable doubt.
Every
The principle of legality establishes: No crime without _____, no punishment without ______.
Law
_______ cause (also known as _____ cause) asked the subjective question: Is it fair to blame the defendant for the harm triggered by a chain of events his or her actions set in motion?
Proximate, legal
The mens rea of recklessly differs from the mens rea of negligently based on the offender’s ______ of the risk caused by his act.
Intent/awareness
Factual cause is also known as…
“But for” cause
True or false: Strict liability crimes do not require proof a mens rea.
True
Which doctrine holds that a person does not have to retreat if he or she didn’t start the fight, even if it is safely possible?
The stand-your-ground rule
A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started?
Completely withdraw
At the heart of the “choice of evils” defense is the necessity to prevent what kind of danger?
Imminent danger
Which of the following is not an excuse for committing a crime?
Voluntary intoxication
