Elements

Question 1

How many States of Mind are there?

Answer 1

6

Question 2

What are the all of the states of mind?

Answer 2

Knowingly
Willfully
Wantonly
Maliciously
Criminal Negligence
Strict Liability

Question 3

What is the definition of Knowingly?

Answer 3

subjective knowledge, objective knowledge or willful blindness

Question 4

What is the definition of Willfully?

Answer 4

Wrongful act done without legal excuse or justification, or the commission of an act purposefully and deliberately in violation of law

Question 5

What is the definition of Wantonly?

Answer 5

conscious and intentional disregard of and indifference to the rights and safety of others; this state of mind is essentially the same as willfully

Question 6

What is the definition of Maliciously?

Answer 6

Three prongs are necessary

1) Done with Hatred or spite
2) Inherently dangerous to human life, and
3) Done intentionally and without justification

Question 7

What is the definition of Criminal negligence?

Answer 7

Recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others

Question 8

What is the definition of Strict Liability?

Answer 8

No guilty mind is necessary; the defendant committed the prohibited act and is, therefore, guilty

Question 9

What is a statute of limitations?

Answer 9

The amount of time that can pass before a person can no longer be charged with a certain crime

Question 10

In North Carolina, what is the statute of limitations for misdemeanors? Felonies?

Answer 10

2 years for misdemeanors. Indefinite for felonies.

Question 11

What are the categories of criminal defenses?

Answer 11

1) One that justifies a person’s actions, such as self defense
2) One that shows lack of blameworthiness such as insanity or entrapment
3) Failure of proof or “negating” defenses such as accident, mistake, or diminished capacity

Question 12

How many types of participants of crimes are there? what are they?

Answer 12

3. Principals, Aiding and abetting, and Accesory before the fact to a felony

Question 13

What is the definition of the principal participant of a crime?

Answer 13

The persons committing the entire crime, acting indirectly or acting in concert

Question 14

What is necessary to be categorized as aiding and abetting a crime?

Answer 14

a. A crime is committed by another person
b. he or she knowingly advises, instigates, encourages, procures, or help the other person commit the crime AND
c. His or her actions or statements caused or contributed to the commission of the crime

Question 15

What is necessary to be categorized being an accessory before the fact to a felony?

Answer 15

a. “Before a felony is committed by another, she or she counsels, procures, commands, or knowingly aids the other person to commit the felony
b. the felony is committed by the other person
c. he or she is not present when the other person commits the felony AND
d. His or her actions or statements caused or contributed to the commissions to the crime by the other person.

Question 16

What is statute 7A?

Answer 16

court structure

Question 17

What is statute 7B?

Answer 17

Juvenile code

Question 18

What is statute 14?

Answer 18

criminal offenses

Question 19

What is statute 15?

Answer 19

criminal procedure

Question 20

What is statute 15A?

Answer 20

criminal procedure

Question 21

What is statute 18B?

Answer 21

alcoholic beverage offenses

Question 22

What is statute 20?

Answer 22

motor vehicle offenses

Question 23

What is statute 50B?

Answer 23

domestic violence offenses

Question 24

What is statute 90, Art. 5?

Answer 24

drug offenses

Question 25

What are court decisions?

Answer 25

Court decisions interpret criminal law

Question 26

What is a civil matter? When would it require police action?

Answer 26

A private dispute between two or more parties which may or may not involve a crime. It may require police action if only to keep the peace, prevent violence, keep a civil matter from turning into a criminal matter or when a criminal act is committed which is also a civil matter.

Question 27

What are the offenses which patrol officers must be able to recognize “on sight”?

Answer 27

Resist, Delay, Obstruct an Officer
Larceny
Trespass, 1st and 2nd degree
Simple Assault
Simple Affray and Misdemeanor Affray
Disorderly conduct
Drunk and Disruptive
Carrying concealed pistol or gun
Carrying concealed weapon other than pistol or gun
Communicating threats
Violation of a domestic violence protective order
Injury to real property
Injury to personal property

Question 28

What are the elements for Resist, Delay, Obstruct an Officer (RDO)?

Answer 28

A person guilty of the offense:

1) Willfully and unlawfully
2) Resists OR delays OR obstructs
3) a public officer
4) Knowing or having a reasonable grounds to believe that the victim is a public officer AND
5) while the officer is discharging or attempting to discharge a duty of his or her office

Question 29

What are the elements of First Degree Tresspass?

Answer 29

A person guilty of the offense:

1) Without authorization
2) /a/ enters, or /b/ remains
3) /a/ on the premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders, or /b/ in a building of another

Question 30

What are the elements of Second Degree Trespass?

Answer 30

A person guilty of the offense:

1) Without authorization
2) /a/ enters, or /b/ remains
3) on the premises of another
4) /a/ after having been notified no to enter or remain there by the owner, a person in charge of the premises, a lowful occupant, or another authorized person OR /b/ that are posted in a manner reasonably likely to come to the attention of intruders, with notice no to enter the premesis

Question 31

What are the elements of Domestic Criminal Trespass?

Answer 31

A person guilty of the offense:

1) /a/ after having been forbidden to enter OR /b/ after having been ordered to leave
2) by a lawful occupent,
3) /a/ enters OR /b/ refuses to leave
4) the premises occupied by /a/ the charged person’s present or former spouse or /b/ another person with whom the charged person has lived as if married
5) at a time when the charged person and the present or former spuse or person with whom the charged person has lived as if married are living apart.

Question 32

What are the elements of Simple Assault?

Answer 32

A person guilty of the offense:

1) commits an assault
2) on another

Question 33

What are the elements of Simple Affray?

Answer 33

A person guilty of the offense:

1) engages in a fight with at least one person
2) in a public place
3) to the terror of the public

Question 34

What are the elements of Disorderly conduct?

Answer 34

A person guilty of the offense:

1) intentionally
2) causes a public disturbance

Question 35

What are the elements of Drunk and Disruptive?

Answer 35

A person guilty of the offense:

1) is intoxicated
2) in a public place AND
3) is disruptive by /a/ interfering with traffic on a highway or public vehicular area, /b/ interfereing with access to or passage across a sidewalk, /c/ interfering with an entrance to any building, /d/ grabbing, shoving, or pushing others, /e/ fighting or challenging others to fight, /f/ cursing, shouting at or rudely insulting others, OR /g/ BEGGING

Question 36

What are the elements of Carrying Concealed Pistol or Gun

Answer 36

A person guilty of the offense:

1) /a/ willfully AND /b/ intentionally
2) carries
3) concealed about his or her person
4) /a/ a pistol OR /b/ a gun
5) /a/ while off his or her own premises AND /b/ if the deadly weapon is a handgun, the person does not have a concealed handgun permit or is not carrying the handgun in accordance with a valid handgun permit AND /c/ if the weapon is a handgun, the person is not allowed to carry a handgun as a military permittee

Question 37

What are the elements of Carrying Concealed Weapon Other than a Pistol or a Gun

Answer 37

A person guilty of the offense:

1) /a/ willfully AND /b/ intentionally
2) carries
3) concealed about his or her person
4) a bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind
5) while off his or her own premises

Question 38

What are the elements of Communicating Threats?

Answer 38

A person guilty of the offense:

1) without lawful authority /a/ willfully threatens to physically infure another person OR that person’s child sibling spouse or dependent OR /b/ willfully threatens to damage another’s property AND
2) communicates that threat to the other person
3) in a manner that would make a reasonable person believe it is likely to be carried out AND
4) the threat is believed by the threatened person

Question 39

What are the elements of Violation of a Domestic Violence Protective Order?

Answer 39

A person guilty of the offense:

1) knowingly
2) violates a valid protective order pursuant to /a/ chapter 50B of the General Staturtes, /b/ a court of another state, OR, /c/ a court of an Indian tribe

Question 40

What are the elements of Injury to Real Property?

Answer 40

A person guilty of the offense:

1) willfully and wantonly
2) damages, injures, or destroys
2) the real property of another

Question 41

What are the elements of Injury to Personal Property?

Answer 41

A person guilty of the offense:

1) willfully and wantonly
2) damages, injures, or destroys
2) the personal property of another

Question 42

What are the elements of Cutting, mutilating, defacing, or otherwise injuring property to obtain nonferrous metals?

Answer 42

A person guilty of the offense:

1) willfully and wantonly
2) cutting, mutilating, defacing, or otherwise injuring
3) any personal or real property of another, including fixtures or improvements
4) for the purpose of obtaining nonferrous metals of any amount