Chapter 1
What is the primary purpose of criminal Law?
Maintain public order and protect individuals by prohibiting harmful conduct.
Define actus reus.
The physical act or conduct that constitutes a criminal offense.
What is a felony?
A serious crime, typically punishable by imprisonment for more than one year.
What is the insanity defense?
A legal defense claiming that a defendant was not responsible for their actions due to mental illness.
What is the significance of the Fourth Amendment?
Protects against unreasonable searches and seizures.
How does criminal law differ from civil law?
Criminal law deals with offense against state, while civil law addresses disputes between individuals.
What does mens rea refer to?
The mental state or intent of a person when committing a crime.
Name an example of a misdemeanor.
petty theft or simple assault
What is self-defense?
The use of reasonable force to protect oneself from imminent harm.
What does probable cause mean?
The reasonable belief that a crime has been committed, justifying a search or arrest.
What is the concept of "jurisdiction" in criminal law?
The authority of a court to hear a case and make legal decisions.
What is the meaning of "concurrence" in criminal law?
The requirement that the act and the intent must occur simultaneously.
What distinguishes a violent crime from a property crime?
Violent crimes involve harm or threat to a person, while property crimes involve theft or damage to property.
What is the concept of duress?
Defense claiming that a person was forced to commit a crime under threat of harm.
What is the purpose of a grand jury?
To determine whether there is enough evidence to charge someone with a crime.
What is the significance of the principles of legality?
No one can be punished for an act that was not defined as a crime by law at the time it was committed.
What is causation in the context of criminal law?
The demonstration that the defendant's actions led to the criminal result.
What is white-collar crime?
A non-violent crime committed for financial gain, typically in business or professional settings.
What does "necessity" mean in criminal law?
Defense arguing that a crime was committed to prevent a greater harm.
What is the difference between a preliminary hearing and a grand jury?
A preliminary hearing is a trial-like proceeding to determine probable cause, while a grand jury is a group that reviews evidence to decide on indictments.
What are the sources of criminal law?
Statutes, case law, and constitutional provisions.
What is the "harm" element in a crime?
The injury or damage caused by the criminal act.
What is the difference between inchoate crimes and completed crimes?
Inchoate crimes are incomplete offenses, while completed crimes have been fully carried out.
Explain the defense of entrapment.
When law enforcement induces a person to commit a crime they would not have committed otherwise.
What rights are protected by the Sixth Amendment?
The rights to a fair trial, an impartial jury, and legal counsel.