Criminal and Civil Law Overview
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Questions and Answers

What differentiates felonies from misdemeanors?

  • Misdemeanors can only be prosecuted at the federal level.
  • Felonies include more serious crimes with stricter penalties. (correct)
  • Misdemeanors carry penalties of more than one year in prison.
  • Felonies are punished only with monetary fines.

    • Which of the following statements about criminal liability is true?

  • Criminal cases must be brought by a state District Attorney or Federal Prosecutor. (correct)
  • Felonies cannot result in monetary fines.
  • Criminal charges may be initiated by private citizens.
  • Only individuals can be held criminally liable.

    • Which mens rea type indicates a complete disregard for the consequences of one’s actions?

  • Intent
  • Recklessness (correct)
  • Strict Liability
  • Negligence

    • What is a possible consequence of a misdemeanor charge?

    <p>Imprisonment for up to one year or a fine</p> Signup and view all the answers

    Which of the following is NOT a common defense in criminal law?

    <p>Mistake of law</p> Signup and view all the answers

    What is required for a crime to have valid criminal liability?

    <p>Both actus reus and mens rea must be present.</p> Signup and view all the answers

    Which type of intent indicates a clear objective to commit a crime, such as permanently depriving someone of property?

    <p>Specific Intent</p> Signup and view all the answers

    Which of the following crimes is considered a strict liability offense?

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

    In which type of crime does the defendant only need to show recklessness as a mental state?

    <p>Willful/Wanton Misconduct</p> Signup and view all the answers

    Which of the following is classified as a crime against the person?

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

    What defines 'malice' in a criminal context?

    <p>Recklessness or evil intent.</p> Signup and view all the answers

    Which of the following does NOT represent a type of mens rea?

    <p>Implied Intent</p> Signup and view all the answers

    Which of the following acts constitutes criminal negligence?

    <p>Failing to act when one should, resulting in harm.</p> Signup and view all the answers

    What is NOT considered a preliminary crime?

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

    Which term best describes the situation where a defendant's intention can be transferred to another person who was harmed?

    <p>Transferred Intent</p> Signup and view all the answers

    What is the primary requirement needed to establish a charge of first-degree murder?

    <p>Specific intent to kill plus premeditation and deliberation</p> Signup and view all the answers

    Which of the following best describes the crime of robbery?

    <p>Force or fear combined with larceny</p> Signup and view all the answers

    What differentiates embezzlement from larceny?

    <p>Embezzlement is a crime against ownership rather than possession</p> Signup and view all the answers

    Under the felony murder rule, what defines a homicide that can be charged as felony murder?

    <p>Homicide committed during the perpetration of an inherently dangerous felony</p> Signup and view all the answers

    Which of the following is considered a defense to murder based on justification?

    <p>Self-defense</p> Signup and view all the answers

    What constitutes a specific intent crime among the following options?

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

    Which of the following best describes conspiracy in criminal law?

    <p>Two or more parties agreeing to commit a crime</p> Signup and view all the answers

    What is the primary difference between factual impossibility and legal impossibility as a defense?

    <p>Legal impossibility occurs when the act does not constitute a crime</p> Signup and view all the answers

    In the context of theft crimes, how is larceny defined?

    <p>Trespassory taking and carrying away of someone else's property with the intent to deprive</p> Signup and view all the answers

    What distinguishes an accessory after the fact from an accomplice?

    <p>An accessory only helps after the crime has occurred</p> Signup and view all the answers

    Which type of conduct typically signifies reckless disregard for human life in the context of manslaughter?

    <p>Conduct posing an extremely high risk of death</p> Signup and view all the answers

    Under which category of crime does burglary fall?

    <p>Property crime</p> Signup and view all the answers

    What type of liability applies to someone who aids another in committing a crime?

    <p>Accomplice liability</p> Signup and view all the answers

    What is characterized as a 'specific intent' crime?

    <p>Assault with a deadly weapon</p> Signup and view all the answers

    What legal principle allows for liability for crimes committed by conspirators in furtherance of their conspiracy?

    <p>Vicarious liability</p> Signup and view all the answers

    Study Notes

    Criminal Law Overview

    • Criminal law defines acts considered harmful to society, distinct from civil wrongs.
    • A crime involves an act (or omission) that violates public law, causing harm to the entire community.
    • Criminal acts differ from civil injuries, which primarily concern private disputes between individuals.

    Civil Law (Private Law)

    • Focuses on relationships between individuals or between individuals and the government.
    • Includes all law that is not criminal.
    • Aims to resolve disputes and award monetary compensation for damages incurred.
    • Individuals can sue other individuals, businesses, or the government.

    Criminal Law (Public Law)

    • Protects the public from harmful acts.
    • Cases are initiated by the government (e.g., District Attorney, Federal Prosecutor).
    • The standard of proof is "beyond a reasonable doubt."
    • Conviction results in penalties like fines or imprisonment.
    • Two main categories exist: felonies and misdemeanors.

    Categories of Criminal Law

    • Felonies: Serious crimes (e.g., murder, rape, robbery).

      • Involve severe penalties, including death or imprisonment for more than a year.

    • Misdemeanors: Less serious offenses (e.g., traffic violations, minor theft).

      • Result in penalties like fines or imprisonment for up to a year.

    Criminal Liability

    • Every crime has two elements: actus reus and mens rea.

    • Actus reus: The criminal act itself.

      • Conscious, voluntary, and affirmative actions.

    • Mens rea: The criminal state of mind.

      • Different types of intent required for different crimes.

    Mens Rea: Types

    • Specific intent: The defendant acted with a specific purpose.
    • General intent: The defendant acted with the intent to commit an act that is prohibited by law (need not have intended to violate law nor be aware law makes act criminal).
    • Strict liability: Liability for the act itself, regardless of intent or mens rea.
    • Willful/Wanton Misconduct: Action with reckless disregard, demonstrated by a high risk of harm.
    • Criminal negligence: Failure to act as a reasonable person would, resulting in a foreseeable risk of harm.
    • Malice: Malice may be evident in a person's recklessness; in some cases, it is considered evil intent.
    • Knowledge/Willfulness: Intentional action, even if the defendant hopes he is not wrong.

    Specific Intent

    • The perpetrator has a specific purpose.
    • This type of intent is often difficult to prove.
    • Examples include solicitation, attempt, conspiracy, and theft crimes.

    General Intent

    • Defined by action; intent to commit the prohibited act.
    • D need not have intended to violate the law nor be been aware act is criminal.
    • Examples : rape, battery, false imprisonment.

    Strict Liability

    • Only the action is important, no mental state is needed.
    • Exclusions of defenses include mistake and insanity.
    • Examples include bigamy and statutory rape.

    Willful/Wanton Misconduct

    • The element is recklessness.
    • An example is murder.

    Criminal Negligence

    • Measured by using the objective standard of a reasonable person.
    • Involuntary manslaughter is an example.

    Malice

    • Defined by recklessness.
    • Some jurisdictions also consider it to be evil intent or will to do harm.

    Knowledge/Willfulness

    • Defendant had a subjective belief in their actions.

    Types of Crime

    • Crimes against the person: Homicide, assault, battery, kidnapping.
    • Crimes against property: Theft, robbery, embezzlement, arson (property damage/destruction).
    • Preliminary crimes: Solicitation, conspiracy, attempt (actus reus & mens rea).

    Homicide/Murder

    • Homicide: The unlawful killing of a human being by another.
    • Murder: Specific form of homicide; unlawful killing with malice aforethought.
      • Degrees of murder vary based on intent (e.g., first degree, second degree, etc.).
      • Malice may be determined if intent to kill, intent to injure, wanton/reckless conduct, or felony murder rule is present.

    Malice Required for Murder

    • Intent to kill: Demonstrated by words or use of a deadly weapon.
    • Intent to injure: Causes serious bodily harm.
    • Wanton/reckless conduct: High risk of death.
    • Felony murder rule: Homicide during a dangerous felony.

    Malice- Murder Degrees

    • First-degree murder: Specific Intent to Kill + Premeditation and Deliberation
    • Second-degree murder: A broader, residual category of murders without premeditated intent to kill.

    Defenses to Murder

    • Justification: No criminal act (e.g., self-defense, defense of others);
    • Excuse: No criminal intent (e.g., insanity, infancy, intoxication);
    • Mitigation: Crime is lessened (e.g., imperfect self-defense, heat of passion, etc.).

    Crimes Against Property

    • Theft Crimes: Larceny, larceny by trick, false pretenses, robbery, embezzlement, receiving stolen property
    • Structure Crimes: Burglary, arson

    Larceny

    • Taking and carrying away the tangible personal property of another with the intent to permanently deprive.

    Larceny by Trick

    • Victim voluntarily gives property due to fraud.

    False Pretenses

    • Getting title to property under false pretenses.

    Robbery

    • Larceny+force or fear.

    Embezzlement

    • Wrongfully converting entrusted property with intent to deprive.

    Receiving Stolen Property

    • Receiving stolen goods knowing or with reasonable belief they are stolen.

    Structure Crimes

    • Burglary: Trespassory breaking/entering a protected structure with intent to commit a felony.
    • Arson: Burning a protected structure with malice.

    Preliminary Crimes

    • Solicitation: Asking/inducing another to commit a crime.
    • Conspiracy: Agreement between two or more people to commit a crime.
    • Attempt: Substantial step towards committing a crime, but the crime was not completed. Impossibility can be a defense.

    Accomplice Liability

    • Aider/abettor: Aids, abets, or encourages the commission of a crime.
      • Usually liable for foreseeable foreseeable acts.
    • Accessory before and after the fact.
      • Accessory before or after the fact or obstruction of justice. This is generally a continuation of the crime even if the person does not participate in all stages.

    Conspiracy Defenses

    • Merger: Conspiracy does not merge with the target crime.
    • Withdrawal: Must communicate intent to withdraw to cut off vicarious liability.
    • Impossibility: Legal vs. factual defenses.

    Attempt

    • Substantial step towards perpetrating a crime.
    • Impossibility could be a defense if the crime is legally impossible

    Impossibility

    • Factual Impossibility—an unknown factor(s) prevents commission of the crime;
    • Legal Impossibility—the act planned is not a crime.

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    Criminal Law PDF

    Description

    This quiz explores the fundamental concepts of criminal and civil law, highlighting the key differences and purposes of each legal system. You'll learn about the nature of crimes, the roles of government in criminal cases, and how civil law addresses private disputes. Test your understanding of these essential legal frameworks.

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