HRS 701

Question 1

What constitute an offense

Answer 1

Behavior that is a crime or violation under this code (HRS) or another statute of this state.

HRS 701-102

Question 2

What is the definition of crime

Answer 2

Any offense defined by any code or statute in this state for which a sentence of imprisonment is authorized

Question 3

What are the 3 grades of a crime

Answer 3

1) Felonies
2) misdemeanors
3) petty misdemeanors

Question 4

What is the imprisonment terms for a Felony Offense

Answer 4

Imprisonment which exceeds more than one year

Question 5

What is the imprisonment terms for a Misdemeanor Offense

Answer 5

Terms of imprisonment for a maximum of 1 year

Question 6

What is the imprisonment terms for a petty misdemeanor offense

Answer 6

Imprisonment for a term not to exceed 30 days

Question 7

If an offense does not specify a certain grade what would be the authorized grade of conviction

Answer 7

Misdemeanor

Question 8

What are Murder/attempted murder in the first and second degree classified as

Answer 8

Felony offenses

Question 9

What is a violation

Answer 9

An offense where imprisonment is NOT authorized and is only a fine, or fine and forfeiture or other civil penalty

A violation doesn’t constitute a crime

Question 10

What offenses has not time limitation and can be commended at any time

Answer 10

• Murder/attempted murder in the 1st and second degree
• criminal conspiracy to commit murder in any degree
• sexual assault in the 1st and 2nd degree
• continuous sexual assault of a minor under 14 years old

Question 11

What is the statute of limitation for manslaughter (not involving a motor vehicle)

Answer 11

10 years

Question 12

What is the statute of limitation for a class A felony

Answer 12

6 years

Question 13

What is the statute of limitation for any felony under part IX chapter 708 (computer crimes)

Answer 13

5 years

Question 14

What is the statute of limitation for class B and C felonies

Answer 14

3 years

Question 15

What is the statute of limitation for a misdemeanor or parking violation

Answer 15

2 years

Question 16

What is the statute of limitation for a petty misdemeanor or violation other than a parking violation

Answer 16

1 year

Question 17

What is the exception for time limitations in regards to Fraud, Deception, or Breach of Fiduciary obligation

Answer 17

within 3 years after discovery of the offense but no more than 6 years

Question 18

What is the exception for time limitations in regards to Misconduct of a public office

Answer 18

Any offense based on misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within 2 years thereafter but no more than 3 years

Question 19

What is the exception for time limitations in regards to DNA testing

Answer 19

If DNA testing of a suspect was performed prior to the expiration of the time limitation for the offense, the time limitations shall not exceed more than 10 years from the period of expiration

Question 20

When is and offense committed and when does the limitation start

Answer 20

A offense is committed when every element occurs and the time limitation starts the day AFTER the offense is committed

Question 21

What is the 5 elements that need to be proven beyond a reasonable doubt in order to convict that person of an offense

Answer 21

1) elements of the offense
2) State of Mind
3) Jurisdiction
4) venue
5) time limitation

701-114

Question 22

What are the elements of an offense as described in Proof Beyond a Reasonable Doubt

Answer 22

CAR

Conduct
Attendant circumstances
Results of conduct

701-114

Question 23

What is a defense

Answer 23

A fact or set of facts which may be an acceptable reason why there is no punishment for the crime

701-115

Question 24

What are the two classes of defense

Answer 24

Affirmative and not affirmative

701-115

Question 25

What is the definition of a not affirmative defense

Answer 25

Dependent need only raise a reasonable doubt as to the defendants guilt 701-115

Question 26

What is the definition of an affirmative defense

Answer 26

The defendant must prove by a preponderance of the evidence facts which negate the defendant penal liability 701-115

Question 27

What is preponderance of Evidence

Answer 27

Level of proof of more that 50% Burden of proof lay either on the prosecution or defendant depending on whose interest or contention will be furthered Simple terms: doesn’t meet all criteria but evidence proves it 701-116

Question 28

What is prima facie evidence

Answer 28

The evidence is sufficient enough to prove the fact Ex: if a body of a homicide victim is found in the state, it is prima facie evidence (presumed) that the murder occurred within the state 701-117

Question 29

Definition of “act” or “action”

Answer 29

Bodily movement whether voluntary or involuntary 708-118

Question 30

Definition of “conduct”

Answer 30

An act or omission or series of acts or series of omissions, or series of acts and omissions

Question 31

Definition of law enforcement officer

Answer 31

Any public servant, whether employed by the state or county or United States, vested with the duty to maintain public order, make arrest, enforce criminal law 701-118

Question 32

Definition of omission

Answer 32

A failure to act 701-118

Question 33

Definition of statute

Answer 33

Includes the constitution of the state and a local law or ordinance 701-118

Question 34

Felonies, misdemeanors, and petty misdemeanors are_________ A) classes B) grades of offenses C) violations D) citations

Answer 34

B) grades of offenses

Question 35

Three categories of offenses are_____________ A) first, second, third degrees B) misdemeanors, petty misdemeanors, Violations C) felonies, misdemeanor, petty misdemeanors D) A,B,C

Answer 35

C) felonies, misdemeanors, petty misdemeanors

Question 36

The three different classes of felony offenses are_______ A) 1,2,3 B) A,B,C C) felonies, misdemeanors, petty misdemeanor D) against the state, against the person, against property

Answer 36

B) a, b, c

Question 37

When are state laws applied

Answer 37

When an offense is committed within the state The conduct outside the state is an attempt to commit an offense within the state The conduct outside the state is a conspiracy to commit an offense within the state

Question 38

What is the state consist of

Answer 38

Land, water, airspace above the land and water