Crime (Ch.8-10)
A crime is defined as: __________________
Mens Rea (guilty state of mind) + Actus Reus (the act)
Alibi
Having a reasonable belief that a specific person has committed a crime.
Probable Cause
The asking, commanding, urging or advising of another person to commit a crime. This offense is committed at the time the asking is done.
Solicitation
The deliberate and malicious burning of another person's property
Arson
What are the elements of robbery?
(1) Taking and carrying away goods or money, (2) the taking from someone's person, and (3) the use of force or intimidation
This defense applies when the defendant admits to committing a criminal act but claims that he or she was induced, or persuaded, by a law enforcement officer to commit the crime.
Entrapment
This means that a suspect has a right to remain silent and can not be forced to testify against himself or herself at trial.
Protection against self-incrimination
When someone performs all of the elements of a crime but fails to achieve the criminal result, an _________ has occurred.
attempt
A crime in which a thief steals a piece of personal information, such as your social security number to commit fraud or theft
Identity theft
You have committed this crime if you falsely make or alter a writing or document with the intent to defraud.
Forgery
An individual acts under _____ when he or she is compelled to react to a situation that is unavoidable in order to protect life.
A subpoena is
A court order to compel a witness to come to court
An agreement between two or more people to commit a crime, coupled with the intent to commit the crime and some action or conduct that furthers the agreement.
Conspiracy
The state charges Chang with killing Hector. Which defense could be used? a. Duress c. Necessity b. Alibi d. No defense
b. Alibi
What is the difference between Rape and Statutory Rape?
Consent is not a factor / defense for statutory rape.
Infancy
Name two instances where a search without a warrant is legal.
Search incident to a lawful arrest; Stop and frisk; Consent; Border and Airport Searches; Vehicle Search (probable cause); Plain View; Hot Pursuit; Emergency Situations
Name three different types of homicide.
First degree murder, Second degree murder, Felony Murder, Voluntary Manslaughter, Involuntary Manslaughter
Failure to give Miranda warnings means that a. The arrest is unlawful b. Charges must be dropped against the defendant c. The defendant cannot be questioned d. Statements made by defendants cannot be used against them at trial
d. Statements made by defendants cannot be used against them at trial
A person is guilty of _____________ when he or she fails to perform an act required by a criminal law, or if he or she is physically able to perform the required act.
a. A crime of solicitation
b. A crime of conspiracy
c. An attempted crime
d. A crime of omission
Tina received realistic threats that her husband would be harmed in prison if she did not bring drugs to him during a visit to the prison. Tina smuggles drugs into the prison and is caught. She can claim a. Duress c. Necessity b. Alibi d. No defense
A - Duress
What are the four purposes of punishment?Describe each.
1. Retribution - Instead of individuals seeking revenge, society, through the criminal justice system, takes on the role of punishing those who violate the laws
2. Deterrence - Many people believe that punishment discourages the offender from committing another crime in the future
3. Rehabilitation - Helping convicted persons change their behavior so they can lead useful and productive lives after their release
4. Incapacitation - This means that the criminal is physically separated from the community and the community is protected as a result of this incapacitation
The degrees of murder were created to reflect: a. The killer’s state of mind or circumstances surrounding the killing b. More sympathetic juries c. Society’s view that all intentional killing is a crime d. That rehabilitation can work in some cases
a. The killer’s state of mind or circumstances surrounding the killing
Police do not need to have any level of suspicion to a. Make an arrest c. Stop individuals for a reasonable time b. Order individuals to empty their pockets d. Go up to people on the street and speak to them
d. Go up to people on the street and speak to them