Nature of Law
That which is laid down, ordained, or established...a body of rules of action or conduct prescribed by controlling authority, and having a binding legal force?
Law
Is merely thinking about a criminal act enough to support a criminal charge?
No
What is the difference between Murder 1st Degree and Murder 2nd Degree?
Premeditation (both have malice)
This Inchoate Offense involves one person requesting, soliciting, inciting, provoking, enticing, or encouraging another to perform a criminal act.
Solicitation
Does Qualified Immunity provide complete protection from civil and/or criminal liability for actions committed while doing their job?
No
This Latin term means "let the decision stand," and embodies the idea that cases with like facts should follow the same rules or principles established in previous judicial decisions.
Stare Decisis
_____ are specific conditions or standards the government must prove in a court of law to support a criminal conviction for violation of that particular law. (Components of a statute)
Elements
In NC, criminal homicide charges require a death to have occurred through someone's intentional act, omission to act, or.......
Criminal Negligence
This Inchoate Offense exists when two or more people enter into an agreement to commit a criminal act, both have intent, and some sort of preparation or “substantial step” is made.
Conspiracy
True/False: A factual defense focuses on the investigation and prosecution process and a legal defense focuses on the actual circumstances of the case.
False (factual-actual circumstances; legal-investigation and prosecution process)
Also known as supremacy of law, this concept involves the belief that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members (no one is above the law and even those that enforce the law must obey it).
The Rule of Law
What are the two main forms of criminal “intent”?
General and Specific
The defense excuse of duress (being forced to do something against one's will) cannot be used in a trial for what charge?
Murder
This Inchoate Offense exists when a person or persons perform an overt act with the intent to commit that crime but the act does not complete the offense.
Attempt
Why is an intoxication defense normally ineffective?
Assumes intoxication is voluntary and you ultimately are accepting responsibility for your actions while intoxicated.
Which constitutional amendment makes the first ten amendments to the US Constitution applicable to the individual states?
The 14th Amendment
What Latin Term means “body of the crime” and refers to evidence that a crime was committed and someone committed it?
Corpus Delicti
This demonstrates advanced planning and is someone's "evil intention" or "depraved heart."
Malice Aforethought
If someone has nothing to do with a murder, but then knowingly helps to bury the body afterward. This person has now become what party to the original crime?
Accessory After the Fact
1) The defendant says that they could not have committed the crime, 2) the defendant was not at the scene of the crime when the crime took place
What are the unwritten rules that underlie and are inherent in the fabric of our society?
Norms
What are the three basic segments or parts of any crime?
Mens Rea/Criminal Mind/Criminal Intent
Actus Reus/Criminal Act
Concurrence/Mens Rea and Actus Reus being connected or existing together
What are the three BASIC types of homicide?
Justifiable, Excusable and Criminal
What refers to a law that prohibits previously lawful conduct and seeks to retroactively punish previously lawful conduct?
Ex Post Facto
In order to claim "mistake" as a defense, the mistake must be ______ and _______. (I will accept either word as a correct answer)
Honest and Sincere