Intro to Federal Criminal Law Flashcards
All criminal statutes contain
- elements
- penalties
What makes crimes different from torts
Crimes= prosecution
- an act or failure to act punishable by Gov’t
- Punish wrongdoers and deter others from similar conduct
- Gov’t v. Defendant
- if found guilty punishable by prison, fines, etc
What is a statute?
A written law, punishable by the Gov’t
To charge a crime the Gov’t must establish
Probable cause as to each element of the offense
To convict someone of a crime the Gov’t must
prove each element beyond a reasonable doubt
Elements of most criminal acts include
- A prohibited act or -failure to act and - criminal intent
The defendants state of mind at the time the crime was committed is known as
criminal intent
2 types of criminal intent
General
specific
What are the 2 kinds of criminal intent (state of mind) offenses?
- general intent offenses
- specific intent offenses
What does a general intent offense require?
only the intent to do the required act, not a specific mental state
What does a specific intent offense require?
Proof the perpetrator desired the consequences of the actions, as set forth in the statute
What is not an element of most crimes, but can be used to prove intent?
Motive
What is a felony?
a crime punishable by more than one year in prison or death
what is a misdemeanor?
a crime punishable by one year in prison or less
T or F? Felonies and misdemeanors are based of of maximum sentence that can be imposed?
True, not the actual sentence imposed
What is exclusive federal jurisdiction property?
only the United States Gov’t has criminal jurisdiction over the area
what is Concurrent jurisdiction?
both the United States Gov’t and the state Gov’t have criminal jurisdiction wherein the property is located
what is Proprietary Jurisdiction?
the United States gov’t has no more authority over the area than any other owner of private property
Johnson is charged for failing to file income taxes. Prior to trial, Johnson makes a motion to dismiss the charge on the grounds that the indictment does not accuse him of actually performing an illegal act. Johnson’s motion should be:
Answers
a. Granted, because all crimes require, at the minimum a physical act by a defendant that is illegal.
b. Granted, because all crimes require specific intent to commit the crime.
c. Denied, because a crime can be based on a failure to act.
d. Denied, because a federal indictment can be based on unwritten law.
c. Denied, because a crime can be based on an act or a failure to act. CORRECT: The law can place an affirmative duty on an individual to perform certain acts, such as the payment of taxes or providing care to a dependent child; failure to comply with the statute is a crime.
A statute says it is a felony to possess 5 or more false identification documents knowing that the false identification documents were produced without lawful authority. The facts elicited at trial reflect that the defendant only possessed 4 false identification documents that the defendant knew were produced without lawful authority. What offense has the defendant committed?
ANSWERS
a. A misdemeanor, because it takes 5 or more documents to make the offense a felony.
b. A felony, because the defendant knew the documents were produced without lawful authority.
c. No offense under this statute.
d. A misdemeanor, because although he did not possess 5false documents, he knew the 4 he did possess were obtained without lawful authority.
c. No offense under this statute.
CORRECT: Unless the government can prove the elements of the offense (i.e., that the defendant possessed 5 or more false identification documents knowing that the false documents were produced without lawful authority), no offense has been committed.
Terry is indicted on a charge of murdering his boss. He was tried and convicted of the murder. Terry appeals his conviction, claiming that it should be overturned, because the prosecutor never proved at trial that he had a motive for committing the murder. His appeal should be:
Answers
a. Granted, because all crimes require the prosecutor to prove a motive.
b. Granted, because society needs to know why workplace violence is occurring.
c. Denied, because the motive can always be inferred from the crime.
d. Denied, because the prosecutor does not have to prove motive.
d. Denied, because the prosecutor does not have to prove motive. CORRECT: Motive may be useful in explaining the prosecutor’s theory of the case to the jury, but proving motive is not a requirement for a conviction
In determining whether or not a crime is a felony versus a misdemeanor, the U.S. District Court Judge will look at the:
Answers
a. The common law.
b. The maximum jail time allowed for the offense.
c. The prosecutor’s sentencing recommendation.
d. The number of crime victims.
b. The maximum possible jail time allowed for the offense.
CORRECT: Correct. The maximum possible jail time determines the classification of the offense as a felony or misdemeanor.
Crook is sentenced to 6 months in jail upon conviction of his crime. Crook got off easy. He could have been sentenced to eighteen months by the U.S. District Court judge. Crook has been convicted of a: Answers a. Felony b. Misdemeanor c. Infraction d. Tort
a. Felony
CORRECT: A felony is defined as a criminal offense for which the maximum penalty allowed is more than one year. The actual sentence is irrelevant in determining whether the offense is a felony or a misdemeanor. The determining factor is the maximum punishment allowed by the statute.
A local deputy sheriff arrests Hector for a state felony that occurred within the boundaries of the Wenatchee National Forest. Hector makes a motion to dismiss the charge, arguing that the deputy sheriff had no authority to make an arrest within the Wenatchee National Forest, because state laws do not apply within the National Forest. The judge finds that the Wenatchee National Forest is an area of concurrent jurisdiction. Based on that finding, Hector’s motion will be:
Answers
a. Granted, because the Assimilative Crimes Act does not apply in areas of concurrent jurisdiction.
b. Granted, because state law cannot be enforced in areas of concurrent jurisdiction.
c. Denied, because state law can always be enforced on any federal land or facility within that state.
d. Denied, because the state may always enforce its law in areas of concurrent jurisdiction.
d. Denied, because the state may always enforce its law in areas of concurrent jurisdiction.
CORRECT: In areas of concurrent jurisdiction, both state and federal governments may conduct law enforcement activities and may prosecute for criminal violations in their respective court systems.
