Chapter 1&2
Where is most criminal law found?
State Criminal Codes
Legal duties can arise from
Statutes, Contracts, and Special Relationships.
At the heart of the defense of consent is the high value placed on the right to
Individual Autonomy.
Modern accessory-after-the-fact statutes typically have how many mens rea elements?
Two
Which of the following is protected by the First Amendment?
Flag Burning As A Political Protest
What failures to perform legal duties are punishable as criminal omissions?
Unreasonable
Evidence that doesn’t amount to a perfect defense might amount to an imperfect defense; that is, defendants are
Guilty of Lesser Offenses.
Mere presence of the defendant at the scene of a crime may create accomplice liability if
The defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it.
True Or False? Fighting words are not protected by the First Amendment.
True
Which doctrine imposes a legal duty to help or call for help for imperiled strangers?
the “Good Samaritan” doctrine
The case of The Queen v. Dudley and Stephens (1884) involves which defense?
The General Principle of Necessity
Which test on whether defendants have gone far enough toward completing the crime that it’s unlikely they’ll turn back?
The probable desistance test
According to the principle of there must be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?
Legality
General intent is the intent to
Have the Mens Rea.
Defendants who plead an excuse defense admit what they did was wrong but argue that, under the circumstances,
They Were Not Culpable for Their Actions.
Which of the following would be a valid impossibility defense?
What the defendant plans to do to the victim is not a criminal act
Which of the following is not one of the criteria required for criminal punishment?
The penalty inflicts enough pain so the offender experiences the full extent of society’s approval.
What are the names of the two kinds of cause required to prove causation in “bad result” crimes?
Factual Cause and Legal Cause
Insanity excuses criminal liability because
The defendant was so mentally ill he or she couldn’t form criminal intent and/or control their actions.
What kind of conduct poses the following dilemma: whether to punish someone who’s done no harm or to set free someone who’s determined to commit a crime?
Incomplete criminal conduct