Understanding Criminal Law: Sources and Elements

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Questions and Answers

Which of the following scenarios best illustrates the principle of actus reus in criminal law?

  • Accidentally causing a car accident while texting and driving.
  • Physically assaulting someone during a bar fight. (correct)
  • Planning a robbery but never executing it due to a change of heart.
  • Thinking about committing fraud without taking any concrete steps.

A person encourages his friend to commit a burglary, providing detailed plans and necessary tools. However, he does not participate in the actual break-in. Under criminal law, what role does this person likely play?

  • Accessory before the Fact (correct)
  • Accomplice
  • Accessory after the Fact
  • Principal

Which of the following actions would most likely be classified as manslaughter rather than murder?

  • Poisoning a family member to inherit their wealth.
  • Stabbing someone after planning the attack for several weeks.
  • Shooting an intruder in self-defense but using excessive force.
  • Causing a fatal car accident due to reckless speeding. (correct)

What is the key difference between larceny and robbery under common criminal offenses?

<p>Robbery involves the use of force or threat of force, while larceny does not. (D)</p> Signup and view all the answers

In a criminal trial, the prosecution must prove that the defendant's actions directly caused the harm. Which element of a crime does this refer to?

<p>Causation (C)</p> Signup and view all the answers

Which of the following scenarios exemplifies the concept of mens rea?

<p>Intentionally setting fire to a building. (D)</p> Signup and view all the answers

A state legislature passes a new law making it a felony to possess a certain type of weapon. This law is an example of which source of criminal law?

<p>Statute (B)</p> Signup and view all the answers

A person is arrested for allegedly committing a crime. What is the primary purpose of the arraignment?

<p>To inform the defendant of the charges and allow them to enter a plea. (D)</p> Signup and view all the answers

A man is arrested for robbery, but police obtained the evidence through an illegal search. Which rule would likely prevent this evidence from being used in court?

<p>The Exclusionary Rule (C)</p> Signup and view all the answers

Which of the following best describes the primary focus of the juvenile justice system?

<p>Rehabilitation of young offenders (C)</p> Signup and view all the answers

A company CEO uses non-public information to trade stocks for personal gain. This is an example of what type of crime?

<p>Insider Trading (D)</p> Signup and view all the answers

A person is coerced into committing a crime because they were under the threat of immediate danger. Which defense would they most likely use?

<p>Duress (A)</p> Signup and view all the answers

Which constitutional amendment protects individuals from unreasonable searches and seizures?

<p>Fourth Amendment (D)</p> Signup and view all the answers

A judge sentences a convicted thief to community service and orders them to attend a job training program. Which goal of sentencing is the judge primarily trying to achieve?

<p>Rehabilitation (C)</p> Signup and view all the answers

In a criminal trial, who has the burden of proving the defendant's guilt?

<p>The prosecution (C)</p> Signup and view all the answers

What is the legal term for asking someone else to commit a crime?

<p>Solicitation (D)</p> Signup and view all the answers

A man is found not guilty of armed robbery. The prosecution attempts to try him again for the same robbery. Which constitutional principle prevents this?

<p>Double Jeopardy (A)</p> Signup and view all the answers

A person uses a computer to steal someone's identity and open fraudulent credit accounts. This is an example of:

<p>Identity Theft (C)</p> Signup and view all the answers

A state law allows a homeowner to use deadly force against an intruder, even if they could safely retreat. This is an example of:

<p>Stand Your Ground Law (D)</p> Signup and view all the answers

A group agrees to rob a bank, and they buy weapons and plan the heist, but are arrested before they actually attempt the robbery. They can be charged with:

<p>Conspiracy (A)</p> Signup and view all the answers

Which of the following describes a crime that does not require proof of criminal intent (mens rea) to establish guilt?

<p>Strict Liability Crime (D)</p> Signup and view all the answers

Rights read to a suspect informing them of their right to remain silent and to an attorney are known as:

<p>Miranda Rights (D)</p> Signup and view all the answers

A person genuinely believes they are acting in self-defense, using force against someone they perceive as an imminent threat, but their perception is mistaken, this is an example of:

<p>Mistake of Fact (B)</p> Signup and view all the answers

Flashcards

Criminal Law

Deals with conduct offensive to the public and society, aiming to maintain social order through defined prohibitions and punishments.

Actus Reus

The physical act or omission that constitutes a crime. Example: Stealing an item.

Mens Rea

The mental state or intent of the defendant when committing the crime; their state of mind.

Felonies

Serious crimes punishable by imprisonment for over a year or death.

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Misdemeanors

Less serious crimes punishable by fines or imprisonment for less than a year.

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Principal (Crime)

The person who directly commits the criminal act.

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Murder

Unlawful killing with malice aforethought; planned.

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Theft

The unlawful taking of property with the intent to permanently deprive the owner.

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Preliminary Hearing

A hearing to determine if there is enough evidence to proceed to trial.

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Self-Defense

Using reasonable force to protect oneself from imminent harm.

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Fourth Amendment

Protection against unreasonable searches and seizures.

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Deterrence

Discouraging future criminal behavior.

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Juvenile Justice

Focus is on rehabilitation rather than punishment.

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White Collar Crimes

Crimes committed in a business or professional setting.

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Burden of Proof

The prosecution must prove guilt beyond a reasonable doubt.

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Conspiracy

Agreement between two or more people to commit a crime.

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Miranda Rights

Rights include remaining silent and having an attorney

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Double Jeopardy

Tried twice for the same crime, prohibited by the Fifth Amendment.

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Forfeiture

The government seizure of property used in or derived from criminal activity.

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Insanity Defense

Defendant was mentally ill at the time of the crime.

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Stand Your Ground Laws

Allows use of deadly force without retreating

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Hate Crimes

Crimes motivated by bias or prejudice.

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Money Laundering

Concealing the source of illegally obtained money.

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Study Notes

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