Criminal Law Outline Quiz
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Questions and Answers

Which of the following justifications is associated with retributive punishment?

  • Restoration of social order
  • Eye for an eye (correct)
  • Prevention of future crimes
  • Rehabilitation of offenders

    • Utilitarian punishment aims to benefit society in the future.

    True

    What is required for a mental illness or defect to exempt an individual from understanding their actions were wrong?

  • A pattern of criminal behavior
  • Simple emotional distress
  • Presence of depressive disorders
  • A severe mental illness or defect of reason (correct)

    • What is the principle of legality in criminal law?

    <p>The law must be understandable to the normal person.</p> Signup and view all the answers

    Delusions and hallucinations are examples that can contribute to a mental illness that excuses legal culpability.

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

    Under the Model Penal Code, sentences should be no more severe than necessary to achieve the goals outlined in MPC 1.02(1), which include preventing harm and __________ behavior.

    <p>controlling risky</p> Signup and view all the answers

    What are the two prongs incorporated in defining mental illness or defect for legal purposes?

    <p>Cognitive capacity and the ability to know the difference between right and wrong.</p> Signup and view all the answers

    Match the justification with its correct type of punishment:

    <p>Kant = Retributive Jeremy Bentham = Utilitarian James Stephen = Retributive Kent Greenwalt = Utilitarian</p> Signup and view all the answers

    What is the primary focus of mens rea in criminal law?

    <p>The guilty mind or intention behind the act</p> Signup and view all the answers

    What does the Rule of Lenity state regarding ambiguous statutes?

    <p>The ambiguity favors the defendant</p> Signup and view all the answers

    A person suffering from a severe mental illness may not be able to control their actions or understand that what they are doing is _____

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

    Match the following terms related to mental illness with their definitions:

    <p>Cognitive capacity = Ability to understand right from wrong Hallucinations = Perceptions of things that do not exist Delusions = Grossly misinterpreted sensory data Mental defect = Inability to reason due to illness</p> Signup and view all the answers

    Conduct crimes require actual tangible harm to be established.

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

    In the case of Keeler v. Superior Court, the court decided a fetus could be considered a human being.

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

    What is the term for transferring intent from one person or object to another in criminal law?

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

    Which type of mental disorder is typically NOT sufficient to meet the legal standard of mental illness?

    <p>Major depressive disorder</p> Signup and view all the answers

    In In Re Banks, what was the primary legal question regarding the Peeping Tom statute?

    <p>The meaning of 'peeping' and 'secret'.</p> Signup and view all the answers

    In addition to actus reus, crimes typically require a guilty __________.

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

    The legal definition of mental illness considers emotional distress a valid reason to excuse wrongdoings.

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

    ____ is a legal standard that states the individual did not know what they were doing was wrong.

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

    Which of the following is true about strict liability crimes?

    <p>They do not require mens rea.</p> Signup and view all the answers

    Match the following types of crimes with their descriptions:

    <p>Conduct Crimes = No actual tangible harm occurred Result Crimes = Has a specific harm General Intent Crimes = Intent to perform an unlawful act Specific Intent Crimes = Subjective desire to accomplish a prohibited result</p> Signup and view all the answers

    Bystanders can sometimes worsen a situation when they intervene.

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

    Name a case that illustrates the principle of specific intent in criminal law.

    <p>People v. Conley</p> Signup and view all the answers

    What is required for a person to be deemed competent to stand trial?

    <p>They must be aware of the proceedings and consequences.</p> Signup and view all the answers

    Cultural excuses can typically justify a crime in a court of law.

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

    What is an attempt in terms of criminal intent?

    <p>A specific intent crime.</p> Signup and view all the answers

    An attempt to commit a capital crime or a felony of the first degree is classified as a __________.

    <p>felony of the second degree</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Mens Rea = The mental state of intention/knowledge in committing a crime Physical Proximity test = Must have apparent power to complete the crime immediately Equivocality test = Acts that clearly indicate criminal intent Dangerous proximity test = Achieving a dangerous closeness to completing the crime</p> Signup and view all the answers

    Which of the following statements is true regarding attempts in criminal law?

    <p>Uncompleted attempts can still result in punishment.</p> Signup and view all the answers

    A person can be penalized for attempting to commit a crime even if they do not complete it.

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

    What must a person do to be guilty of trying to commit a crime?

    <p>They must take steps toward committing the crime with the intention to do so.</p> Signup and view all the answers

    What constitutes a crime based on someone's belief about a situation?

    <p>It must be an overt act.</p> Signup and view all the answers

    Abandonment is allowed once an individual has begun to attempt a crime.

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

    What is the punishment for an attempted crime under the CA Penal Code?

    <p>One half the term of the actual offense.</p> Signup and view all the answers

    An action that shows someone is on the path to committing a crime is called a substantial ___ .

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

    Match the following actions to their corresponding definitions:

    <p>Overt act = A visible action that demonstrates intent to commit a crime Attempted murder = Punishable by life with the possibility of parole Substantial step = A clear sign of intent to commit a crime Abandonment = Not allowed once an attempt has been made</p> Signup and view all the answers

    Which of the following is NOT a way that someone can commit a crime based on their beliefs?

    <p>By believing the crime can be avoided through inaction.</p> Signup and view all the answers

    An attempt to commit a crime is merged into the completed crime if the crime is actually committed.

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

    What must a person's actions reflect to prove they are seriously trying to commit a crime?

    <p>A clear sign that they are on the path to committing the crime.</p> Signup and view all the answers

    What is a circumstance in which sexual activity can be considered non-consensual?

    <p>If one participant is unable to appraise the sexual nature due to mental disability</p> Signup and view all the answers

    Deadly force is justifiable for any crime against property.

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

    What must exist for a necessity defense to be valid?

    <p>Imminent harm that is worse than the harm caused by breaking the law.</p> Signup and view all the answers

    __________ is a defense when someone compels you to commit a crime through unlawful threat.

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

    Which of the following is a condition that must be met for a necessity defense?

    <p>The harm avoided must be imminent</p> Signup and view all the answers

    A person can claim self-defense even if they were the initial aggressor.

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

    What does the Castle Doctrine imply?

    <p>There is no duty to retreat when in one's own home.</p> Signup and view all the answers

    A defensive claim that involves acting under the belief of imminent danger is known as ______.

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

    What type of force is primarily justified for the defense of property?

    <p>Only reasonable force to prevent immediate harm to property</p> Signup and view all the answers

    Mistake of consent can be claimed only if it was an honest mistake.

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

    What is required for self-defense to be considered justifiable?

    <p>The force used must be immediately necessary and proportional to the threat.</p> Signup and view all the answers

    Force used to protect someone else falls under ______.

    <p>defense of others</p> Signup and view all the answers

    Match the following types of threats with their definitions:

    <p>Threat of death = Imminent harm that triggers duress Physical force = Coercion used against another person Unlawful threat = Any coercive demand against the law Immediate belief = Understanding that the threat is real and present</p> Signup and view all the answers

    The necessity defense is applicable if there were negligent actions that led to the illegal act.

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

    Study Notes

    Criminal Law Outline

    • Ways of Thinking About Punishment:
      • Retributive: Backward-looking, focuses on deserved punishment. Key figures include Michael Moore, Kant, James Stephen, Herbert Morris, and Jean Hampton.
      • Utilitarian: Forward-looking, aims to benefit society through deterrence. Key figures include Jeremy Bentham and Kent Greenwalt.
    • Model Penal Code 1.02(2): Sentence proportionality depends on the crime, harm to victims, and blameworthiness. Goals include rehabilitation, general deterrence, family preservation, and offender reintegration. Sentences shouldn't be more severe than necessary to achieve these goals (MPC 1.02(1)). Avoiding sanctions that increase the likelihood of the offense is essential.
    • Role of Criminal Law:
      • Principle of Legality: Laws must be understandable (to the average person).
      • Rule of Lenity: Ambiguous laws favor the defendant.
    • Statutory Interpretation:
      • Plain Meaning: Courts should consider the plain meaning of laws.
      • Legislative Intent: Examining historical context, documents surrounding the law, and previous case rulings can help determine intent. Contacting the authors, if possible, is also beneficial.
    • Actus Reus (Acts and Omissions):
      • Physical Acts: Physical action, not just thought.
      • Voluntary Actions: Actions must be voluntary (no reflex, convulsion, or hypnosis).
      • Omissions: Failure to act when legal duty exists (like a special relationship or voluntarily assumed care).
    • Mens Rea (Mental State):
      • Specific Intent Crimes: Specific intent, desire, knowledge, or objective is required related to the crime result (requires statutory analysis).
      • General Intent Crimes: Requires intent to commit the act, regardless of the outcome, to fulfill the law.
      • Strict Liability Crimes: Crimes that do not require proof of a particular mental state.
    • Mistake as a Defense:
      • Mistake of Fact: Valid defense if the mistake, either objectively or subjectively, negates the required mental state.
      • Mistake of Law: Usually not a defense, except in specific circumstances like if the law was not published or reasonably ascertainable, or if acted on an official statement later found to be incorrect.
    • Causation: Actual and proximate cause must be proven for criminal liability.
    • Criminal Homicide:
      • Murder: Unlawful killing with malice aforethought (intent to kill, grievous bodily harm, depraved heart, or felony murder).
      • Manslaughter: Unlawful killing without malice aforethought, often involving recklessness or provocation.
      • Negligent Homicide: Unlawful killing due to negligence.
    • Self-Defense:
      • Justification, not an Excuse: It is lawful action, and must meet the criteria, or else it could be criminal
      • Subjective/Objective belief: Necessary use of force to protect self from unlawful force perceived as immediately necessary
      • Duty to Retreat: Varies based on jurisdiction.
      • Deadly Force: Justified only when facing death, serious injury, kidnapping, or sexual assault
    • Insanity: Defense if a defendant lacked the capacity to appreciate wrongfulness at time of crime.
    • Intoxication: Usually not a defense unless involuntary.
    • Diminished Capacity: Reduced mental capacity affecting culpability.
    • Diminished Capacity: Reduced mental capacity affecting culpability
    • Diminished Capacity Defense to the crime if unable to form the required mental state or to understand the actions being committed
    • Attempt: To commit a crime that is in progress. A person must take substantial steps toward the crime (substantial step, and dangerous proximity tests are commonly applied in the common law)
    • Conspiracy: An agreement between two or more to carry out an unlawful agreement to commit a crime that is more than just talk, it needs to be an agreement to commit a crime and an overt act (in furtherance to commit the crime/to advance the conspiracy)

    Specific Crimes (Examples)

    • Rape: Consent is essential—force or threats negate consent.
    • Assault: Intentional act causing fear of imminent harm or offensive contact.

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    Criminal Law Outline PDF

    Description

    Test your knowledge on the principles and theories of criminal law, including punishment models such as retributive and utilitarian perspectives. This quiz covers the Model Penal Code, statutory interpretation, and the fundamental roles of criminal law. Understand key concepts and figures associated with these theories.

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