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Criminal Law and Procedure > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

In a criminal case a prosecutor must prove each crime to a moral certainty of what percent

A

90%

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2
Q

In a civil case a prosecutor must prove each crime to a moral certainty of what percent

A

51%

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3
Q

The study of statutes is what kind of law

A

Substantive Law

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4
Q

The study of the steps officers follow from the time they are called to the scene of the crime through putting the person in jail

A

Procedural Law

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5
Q

Cannot have crime unless written for everyone to view refers to what?

A

The Principle of Legality

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6
Q

A defendant can be sentenced to death or imprisoned for more than one year correlates with what classification of crime

A

Felonies

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7
Q

Crimes that are inherently dangerous, bad, or immoral correlate with what classification of crime?

A

Malum in Se

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8
Q

Crimes that are not inherently wrong, only because the prohibition is necessary to regulate the general welfare

A

Malum Prohibitum

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9
Q

Which justification for punishment involves; Incapacitation, Specific Deterrence, and Treatment?

A

Specific Prevention

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10
Q

Which justification for punishment involves; General Deterrence, Education of Others, and Channels Resentment?

A

General Prevention

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11
Q

Which justification for punishment involves; an eye for an eye

A

Retribution

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12
Q

The Supreme Court Case of Griswold v. Conn. relates to what part of the Federal Constitution

A

The Right of Privacy

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13
Q

Making sure that laws are precise and not too vague relates to what part of the Federal Constitution

A

The Prohibition Against Vagueness

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14
Q

The idea that the punishment must fit the crime relates to what part of the Federal Constitution

A

No Cruel or Unusual Punishments

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15
Q

Someone cannot be tried twice for the same crime in the same jurisdiction relates to what part of the Federal Constitution

A

No Double Jeopardy

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16
Q

The idea of going back in time and changing rules to a defendants disadvantage relates to what part of the Federal Constitution

A

No Ex Post Facto Laws

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17
Q

Legislative act that inflicts punishment without a judicial trial relates to what part of the Federal Constitution

A

No Bills of Attainder

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18
Q

Making something illegal only for one group of people is not allowed because of what part of the Federal Constitution

A

Equal Protection of the Laws

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19
Q

Not being able to punish an individual because of their status relates to what part of the Federal Constitution

A

No Statue Crimes

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20
Q

Judge made Law

A

The Common Law

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21
Q

The precedent of the Common Law

A

Stare Decisis

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22
Q

One Code of crime used to modernize and bring together all 50 state laws

A

The Model Penal Code

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23
Q

MN Criminal/Penal Code, United States Code

A

Modern Statutory Codes

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24
Q

The criminal lawmaking to administrative agencies

A

Administrative Crimes

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25
Q

Contains one crime: Treason

A

U.S. Constitution

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26
Q

The one who commits the crime, pulls the trigger.

A

Principle in the first degree

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27
Q

The one who does not commit the crime but is present and participates

A

Principle in the second degree

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28
Q

Helps before the crime is committed, but never appears at the crime scene

A

Accessory before the fact

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29
Q

Helps after the crime by either hiding people or evidence

A

Accessory after the fact

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30
Q

If you are directly affiliated to the crime, you are considered…?

A

Parties to the Crime

31
Q

If you are not directly affiliated to the crime, you are considered…?

A

Accessory after the fact

32
Q

Doing this to avoid punishment in the future is known as what?

A

Withdrawal

33
Q

Liability for crimes simply because of a relationship with the other person

A

Vicarious liability

34
Q

To convict a person of a crime, evidence is needed to establish each element beyond a reasonable doubt

A

Prima Facie case

35
Q

A voluntary, conscious, bodily movement done to commit a crime

A

Actus Reus

36
Q

Failing to do something is known as what

A

Omissions

37
Q

What are the six categories of omissions

A

Relationships, statutes, contract, Voluntary assumption of care, defendant created the peril, and Duty to control the conduct of others

38
Q

What the defendant must be thinking at the time of the act

A

Mens Rea

39
Q

What are the six traditional approaches to Mens Rea

A

Specific Intent. General Intent, Criminal Negligence, Malice, Strict Liability, and Constructive Intent

40
Q

What are the four levels of mental states?

A

Purposely, Knowingly, Recklessly, and Negligence

41
Q

This approach focuses on the particular defendant

A

Subjective Approach

42
Q

This approach does not focus on the defendant, instead focuses on the average ordinary person

A

Objective Approach

43
Q

‘Doesn’t matter if you hit/hurt the wrong person/thing, the intent was still there’ refers too what

A

Transferred intent

44
Q

‘Wanted to kill someone, has a plan to kill someone, however they died by accident’ this refers to what

A

Concurrence of the Act and Mental State

45
Q

The act which produces an event, without the act the even would not have been produced

A

Factual Causation

46
Q

The But/For test can be used to find what

A

Factual Causation

47
Q

The death has to be a natural and probable consequence of the defendants actions

A

Proximate Causation

48
Q

The ‘Sphere of Risk’ helps prove what

A

Proximate causation

49
Q

What are the four intervening factors that break the chains of proximate causation

A

Acts of Nature/God, Acts by a 3rd Party, Acts of the Victim, and Preexisting Conditions

50
Q

The unlawful killing of another human being with malice aforethought

A

Murder

51
Q

What are the five requirements to malice aforthought

A

Intent to kill, Intent to inflict great bodily harm and victim dies, Intent to commit a felony and someone dies, Intent to resist lawful arrests, and Awareness of high risk of death.

52
Q

‘I hear it, I see it, I touch it’ are all examples of what type of evidence

A

Direct evidence

53
Q

‘Cannot see but can infer obviously what happened’ is an example of what type of evidence

A

Circumstantial evidence

54
Q

Intent to kill with some reflection, deliberation, reasoning, or weighing is what degree of murder

A

First Degree

55
Q

A killing with malice aforethought or awareness of a high risk death is what degree of murder

A

Second degree

56
Q

First degree murder plus proof of at least one aggravating factors is what type of murder

A

Capital Murder

57
Q

A killing, committed during the course of a felony

A

Felony Murder

58
Q

An intentional killing with no cooling off period is known as what

A

Voluntary Manslaughter

59
Q

What four common law elements drop the crime to voluntary manslaughter

A

Any reasonable person would lose control, defendant was provoked, provocation and killing are not long enough to have a cool off time, and defendant did not cool off,

60
Q

The unintentional killing due to either criminal negligence, death cause during unlawful act, or doesn’t amount to a felony refers to what

A

Involuntary Manslaughter

61
Q

The unlawful application of force to another is defined as

A

Battery

62
Q

What are the two types of assault

A

Attempted Battery and Placing another in fear

63
Q

permanent disfiguring or disabling

A

Mayhem

64
Q

intentional unlawful confinement or restraint of another

A

False Imprisonment

65
Q

forcible movement of another

A

kidnapping

66
Q

Unlawful carnal knowledge of a woman by a man, not her husband, with her effective consent

A

Rape

67
Q

The requirement of convicted sex offenders to register with Law Enforcement is in place by which law

A

Megan’s Law

68
Q

an age under which a person cannot consent

A

Statutory rape

69
Q

anal penetration

A

Sodomy

70
Q

The sexual intercourse where at least one party is married to someone else

A

Adultery

71
Q

The sexual intercourse where neither party is married

A

Fornication

72
Q

Marriage or sex between people closely related

A

Incest

73
Q

Making a promise in order to have sex

A

Seduction

Criminal Law and Procedure (3 decks)

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