Tribal Criminal Law and Procedure Final Practice Test
28 Questions
61 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Is solicitation a crime?

yes

The mental state if often referred to as ____________________ or a guilty mind.

mens rea

__________________________ crimes are offenses or wrongdoings that do not require a mental intent.

strict liability

What is the burden of proof in a criminal action?

<p>beyond a reasonable doubt</p> Signup and view all the answers

Deserving blame or punishment for violating the law describes what?

<p>culpability</p> Signup and view all the answers

When can a person use a reasonable amount of force?

<p>reasonable belief that there is imminent danger</p> Signup and view all the answers

For attempt to be a crime what is needed?

<p>substantial step</p> Signup and view all the answers

What is a Writ of Habeus Corpus?

<p>to request the court to determine whether a person is being lawfully detained</p> Signup and view all the answers

This is an example of a strict liability crime

<p>driving without a license</p> Signup and view all the answers

Once the IRA was enacted the Blackfeet Tribe adopted a ______________ form of government.

<p>corporate</p> Signup and view all the answers

What is the essential question when a tribal court is considering taking jurisdiction of a criminal case?

<p>Is the subject indian?</p> Signup and view all the answers

What does VAWA stand for?

<p>violence against women act</p> Signup and view all the answers

This is a list of cases that will be heard in court.

<p>docket</p> Signup and view all the answers

For every crime there are generally at least ______ elements.

<p>2</p> Signup and view all the answers

If a tribe adopts TLOA or VAWA they can enhance maximum sentences. What is the maximum sentence an individual can receive under either act in regard to fines and jail time?

<p>3 years jail time, $5K fine</p> Signup and view all the answers

Is the failure to commit an act a crime?

<p>yes, when there is a duty to act</p> Signup and view all the answers

people act _____________________ if they take an unjustifiable risk that harms or endangers another.

<p>negligently</p> Signup and view all the answers

Assault can be based on reasonable __________________ of harm.

<p>apprehension</p> Signup and view all the answers

This is the requirement of obligation of a party to convince the judge or jury.

<p>burden or persuasion</p> Signup and view all the answers

When was the Indian Civial Rights Act enacted?

<p>1968</p> Signup and view all the answers

In Fort Peck vs Martell, did the crime occur in Indian Country? Please explain your answer.

<p>Yes, the crime occurred partly on the reservation therefore jurisdiction can be exercised.</p> Signup and view all the answers

What is the burden of proof in a civil matter?

<p>Plaintiff must prove the preponderance of evidence</p> Signup and view all the answers

Name three criminal defenses.

<p>failure of proof, justification, excuse, nonexculpatory defenses</p> Signup and view all the answers

Once enacted, the TLOA affected what section of the ICRA?

<p>sentencing</p> Signup and view all the answers

Fred and Barney are having a verbal argument. Fred says to Barney, "I hate you! Get away from me!" Barney is frightened by Fred's words. Under the Sault St. Marie Tribal Code has Fred committed an assault?

<p>No</p> Signup and view all the answers

I take the class boating, we encounter a huge winter storm and have to dock the boat on opposite side of lake. Emerald says he knows there is a cabin near. We find cabin, break in, eat food and use clothing. What is our defense to any criminal charges that may be applicable.

<p>necessity</p> Signup and view all the answers

Membership in a tribe is not an _________________________ in the test of whether the person is an "Indian" for the purpose of this court's criminal jurisdiction.

<p>essential factor</p> Signup and view all the answers

Collaboration is not an easy process, particularly when there is a history of ___________________________.

<p>colonization, mistrust, disrespect</p> Signup and view all the answers

More Like This

CONNECTICUT Criminal Law Flashcards
30 questions
Criminal Law and Corrections Overview
20 questions
Criminal Law: Solicitation Overview
13 questions
Use Quizgecko on...
Browser
Browser