EPO 26-29 Flashcards
Where can you find various crimes in statutes?
8 = immigration 18 = general criminal 19 = customs 21 = controlled substances 31 = currency and monetary instruments 46 = maritime drug law enforcement 49 = federal aviation
Define “crime”
An act (or the failure to act) that is prohibited by law & punishable by the government
Define “standard of proof”
Government must establish probably cause to arrest, and proof beyond a reasonable doubt to convict that person of a crime
Define “felony”
Crime punishable by more than 1 year
Define “misdemeanor”
Crime punished by up to and including 1 year
Define “elements”
All crimes have elements that must be proven. Part of the element is “intent” required
Define “general intent” and “specific intent”
General intent = all that must be proven is that the act was done willfully, deliberately, or intentionally and that it was not an accident (basically means it was intentional)
Specific intent = the perpetrator desired the consequences of the actions, requires proof of a particular mental state
Define “transferred intent”
Intent to harm X by harmed Y instead
Define “criminal negligence”
Gross or flagrant negligence or culpable negligence
Define “attempt”
makes a substantial but unsuccessful effort to commit a crime. Requires an intent to commit the crime coupled with taking a substantial step toward committing the crime. A “substantial step” is an important action, not just an inconsequential act. It must be more than simply preparing. It must be an act that would normally result in committing the offense.
Define “jurisdiction”
authority over an area or persons. Generally based on geographic location. Federal jurisdiction covers the entire U.S.
Define “Conspiracy”
18 USC § 371
Two or more persons (not an undercover officer) agree to commit a federal crime and at least one of them does something (an overt act which may be legal in itself) to further the object of the conspiracy. In addition to being charged with a conspiracy to commit a crime and the underlying crime, a conspirator is liable for any crime committed by any co-conspirator that is a foreseeable consequence of the conspiracy
Withdrawal – acts inconsistent with the purpose of the conspiracy and calculated to communicate to at least one other conspirator or law enforcement
The defense of withdrawal requires the defendant to make a substantial showing that he took some affirmative step to terminate or abandon his participation in the conspiracy. This would include, for example, voluntarily going to the police or other law enforcement officials and telling them about the plan; telling the other conspirators that he did not want to have anything more to do with it; or any other affirmative acts that were inconsistent with the object of the conspiracy and communicated in a way reasonably likely to reach the other members. While these actions will prevent the withdrawing co-conspirator from facing additional charges for crimes committed after his effective withdrawal from the conspiracy, it does not eliminate his criminal liability for crimes committed prior to his withdrawal.
What is the federal philosophy on Firearms & Explosives
Firearms = Anyone may lawfully possess a firearm unless he is specifically prohibited by law from doing so.
Explosives = No one may lawfully possess explosives unless he is specifically authorized by law to do so. (Permittee [can have/use explosives] or licensee [can import/sell explosives])
Define “terrorism”
the use of force or violence against persons or property to intimidate or coerce a government, civilian population or any segment thereof in the furtherance of political or social objectives.
Explain classification and “scheduling” of controlled substances
Schedule I = substances have a high potential for abuse and no currently accepted medical use. Examples - marijuana and heroin.
Schedule II - V = substances have less potential for abuse and greater accepted medical use. Examples - cocaine, amphetamines and even some over-the-counter drugs.
