Chap. 1
When did the adoption of the Model Penal Code change their criminal codes?
1962.
A trial without a jury is called a jury trial. True or false?
False
What is criminal liability's definition?
Criminal conduct that qualifies for criminal punishment
What is another word for conscious risk creation?
Recklessness.
Misdemeanors-
offenses punishable by fine and/or confinement in the local jail for up to one year
What are summaries of a courts majority opinion?
Case citations.
What laws are forbidden by the constitution?
Ex post facto.
What type of possession is it when a person has possession over banned stuff?
Actual possession.
What is strict liability also called?
criminal liability.
principle of legality-
no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime
Crimes and ____ are similar in that both are sets of rules telling us what we can’t do.
torts.
The death penalty is a violation to the 3rd amendment. True or false?
False.
Fantasizing is a criminal act. True or false?
False.
General intent is the intent to cause harm. True or false?
False. It is to have the mens rea.
actus reus
the requirement that all crimes have to include a voluntary criminal act, which is the physical element of a crime and the first principle of criminal liability
What are crimes called that are punishable for more then a year of imprisonment?
Felonies.
What laws do not violate the guarantees the US constitution?
Vague laws.
When you possess something you don't know you're possessing is called mere possession. True or false?
True
In the absence of a confession, intent must generally be proven by _____ evidence.
circumstantial.
criminal conduct
a criminal act triggered by criminal intent (mens rea)
Why are common laws important to this day?
it is used by judges to help them interpret current criminal statutes.
what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems?
2000
What is meaning behind "manifest criminality"?
The requirement that attitudes have to turn into deeds
What is the intent to commit a criminal act in a statue?
General intent.
principle of concurrence
some mental fault has to trigger the criminal act in conduct crimes and the cause in result crimes