Elements Deck #1

Question 1

Question

Answer 1

Answer

Question 2

What are the states of mind recognized in criminal law?

Answer 2

1. Knowingly,
2. Willfully,
3. Wantonly,
4. Maliciously,
5. Criminal Negligence,
6. Strict Liability

Question 3

What is “specific intent” in criminal law?

Answer 3

Specific intent involves an explicit mental element of planning and preparation to commit a criminal act and the intended result.

Question 4

Define “general intent.”

Answer 4

General intent refers to the intent to do the act which is defined as criminal, regardless of the outcome.

Question 5

What is “transferred intent”?

Answer 5

Transferred intent occurs when the defendant intends to harm one person but inadvertently harms another, the intent transfers to the actual harm caused.

Question 6

What are the bars to prosecution?

Answer 6

Bars to prosecution include
* double jeopardy,
* lack of jurisdiction, and
* expiration of a statute of limitations.

Question 7

What is the statute of limitations for misdemeanors in North Carolina?

Answer 7

The statute of limitations for misdemeanors is 2 years.

Question 8

What is the statute of limitations for felonies in North Carolina?

Answer 8

There is no statute of limitations for felonies.

Question 9

Who are considered principals in a crime?

Answer 9

Principals are persons who commit the entire crime, act indirectly, or act in concert.

Question 10

What is aiding and abetting?

Answer 10

A person knowingly
* advises,
* instigates,
* encourages,
* procures, or
* helps
another person commit a crime.

Question 11

Define “accessory before the fact.”

Answer 11

An accessory before the fact is a person who assists in the commission of a felony but** is not present** when the felony is committed.

Question 12

What distinguishes a felony from a misdemeanor?

Answer 12

A felony is a more serious crime with more severe punishments compared to a misdemeanor.

Question 13

What are the elements of resisting, delaying, or obstructing an officer?

Answer 13

1. Willfully and unlawfully,
2. Resists, delays, or obstructs,
3. A public officer,
4. Knowing or having reasonable grounds to believe that the victim is a public officer,
5. While the officer is discharging or attempting to discharge a duty.

Question 14

What are the elements of larceny?

Answer 14

1. Takes personal property in the possession of another,
2. Carries it away,
3. Without the consent of the possessor,
4. With the intent to deprive the possessor of its use permanently,
5. Knowing that he or she was not entitled to it.

Question 15

What is the difference between first-degree and second-degree trespass?

Answer 15

First-degree trespass involves entering or remaining on premises without authorization and enclosed to demonstrate intent to keep out intruders, whereas second-degree trespass involves entering or remaining after being notified not to enter or on premises that are posted.

Question 16

What constitutes a simple assault?

Answer 16

Simple assault is the commission of an assault on another person without any aggravating factors.

Question 17

What are the elements of carrying a concealed pistol or gun?

Answer 17

1. Willfully and intentionally,
2. Carries,
3. Concealed about his or her person,
4. A pistol or gun,
5. While off his or her own premises, without a valid permit or not in accordance with the permit.

Question 18

What are the elements of communicating threats?

Answer 18

1. Willfully threatens to physically injure another person or damage their property,
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,
4. The threat is believed by the threatened person.

Question 19

What are the three types of intent in criminal law?

Answer 19

Specific Intent, General Intent, Transferred Intent

Question 20

Define “Knowingly” in the context of criminal law.

Answer 20

When the person is aware of or conscious of what they are doing.

Question 21

What does “Willfully” mean in legal terms?

Answer 21

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

Question 22

How is “Wantonly” defined in criminal law?

Answer 22

Conscious and intentional disregard of or deliberate indifference to the rights and safety of others, essentially the same as “Willfully.”

Question 23

What does “Maliciously” mean in criminal law?

Answer 23

The intent to commit an unlawful act or the desire to inflict pain or injury onto another.

Question 24

Define “Criminal Negligence.”

Answer 24

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

Question 25

What is “Strict Liability” in criminal law?

Answer 25

Crimes that do not require a mental state such as knowingly or intentionally; no guilty mind is necessary.

Question 26

What is a “bar to prosecution”?

Answer 26

It prevents the State from prosecuting an individual based on Constitutional and statutory protections, not on evidence or facts in the case.

Question 27

What is a “defense” in criminal law?

Answer 27

A valid justification for committing an act or crime.

Question 28

Name the categories of defenses in criminal law.

Answer 28

Justifications (e.g., self-defense), Lack of Blameworthiness (e.g., insanity), and Failure of Proof (e.g., accident).

Question 29

What are “Participants in Crimes”?

Answer 29

Individuals who are principals, aiders and abettors, or accessories before or after the fact.

Question 30

What is “General Intent”?

Answer 30

The intent to do any act which is defined as criminal by the North Carolina statutes.

Question 31

Define “Specific Intent.”

Answer 31

An explicit mental element of planning and preparation to commit a criminal act and the intended result.

Question 32

What is “Transferred Intent”?

Answer 32

When intent to harm one person inadvertently causes harm to another, transferring the intent to the actual harm caused.

Question 33

What is the difference between “Principals” and “Accessories” in criminal law?

Answer 33

Principals commit the entire crime or act in concert, while accessories assist before or after the fact without being present during the crime.

Question 34

What constitutes “Aiding and Abetting”?

Answer 34

Knowingly advising, encouraging, or helping another person commit a crime.

Question 35

What is “Accessory before the Fact”?

Answer 35

Counseling or aiding someone to commit a felony without being present when the felony is committed.

Question 36

What is “Attempt” in criminal law?

Answer 36

Specifically intending to commit a crime, carrying out an overt act, but the act falls short of completion.

Question 37

What is “Conspiracy”?

Answer 37

Entering into an agreement with at least one other person to commit a crime with the intent that the agreement be carried out.