Overview

Question 1

Malum in se

Answer 1

Inherently moral conduct; ex: murder

Question 2

Malum prohibitum

Answer 2

Conduct that has been classified as criminal by legislation; ex: speeding

Question 3

Serious bodily injury

Answer 3

a) a substantial risk of death
b) protracted and obvious disfigurement
c) protracted loss or impairment of the function of a bodily member, organ, or mental faculty

Question 4

Adjudication process

Answer 4

Arrest & booking → charging → pretrial → trial → sentencing → appeal → post-conviction (90% end in plea deals)

Question 5

Specific deterrence

Answer 5

Punishment that is meant to deter or discourage someone from committing the behavior again

Question 6

General deterrence

Answer 6

Punishment that is meant to prevent others from committing a crime

Question 7

Rehabilitation

Answer 7

Utilitarian theory, society should punish an individual to make them better

Question 8

Retribution

Answer 8

Punishment that is meant for revenge; ex: the death penalty

Question 9

The burden of proof

Answer 9

Beyond a reasonable doubt, placed on the prosecution, must be no skepticism, confusion, or uncertainty in the evidence

Question 10

Rule of lenity

Answer 10

Ambiguity must be resolved in favor of the defendant

Question 11

Bill of attainder

Answer 11

Special legislation that declares a specific person to be guilty of a crime and subject to punishment without a trial or conviction

Question 12

Omissions

Answer 12

a) a statute imposes a duty of care
b) one stands in a certain status of care; ex: spouse, parent
c) assumption of contractual duty
d) one voluntarily accepts care

Question 13

Purposely (intentionally)

Answer 13

Consciously aware

Question 14

Knowingly

Answer 14

Aware conduct will cause a result

Question 15

Recklessly

Answer 15

Conscious disregard of a risk

Question 16

Negligently

Answer 16

Aware of unjustifiable risks,

Question 17

Hierarchy of sources

Answer 17

Constitution → Statutes → Regulations → Court rules → Case law

Question 18

Independent intervening cause

Answer 18

Disrupts the chain of causation, does not result in death or the harm in question, generally not foreseeable; ex: someone gets shot then is in a fatal accident on the way to the hospital → the accident is an IC

Question 19

Intoxication

Answer 19

Is usually negligent unless prior events/warning/arrests occurred then to reckless