Criminal Law Midterm Flashcards

The substantive criminal law

Which of the following is not one of the four generally recognized goals of the criminal justice system?

An example of private law is

A tort is

The latin maxim nulla poena sine lege means

To be enforceable, state criminal laws must be consistent with

A bill of attainder is

What is the name of the inherent power of every state and local government, subject to constitutional limits, to enact criminal laws?

A statute making heroin addiction, by itself, a crime would most likely

The equal protection clause is found in the

Status crimes are criminal law that punish status, such as drug addiction, with no requirement. The issue of status laws began when california passed a law making addiction to what drug a crime?

Which branch of government administers and enforces criminal laws?

In the U.S., the supreme law of the land is considered to be

Which of the following is true of the standards set by moral laws compared to those set by criminal laws?

The law of criminal procedure deals with

A person might commit a crime for of the following reasons except?

If a person intentionally damages a building owned by another person this action

As compared to the power of the states to enact criminal laws,

Under what system do the states have the primary responsibility of maintaining public order and safety within each state?

Which of the following is not part of the federal domain?

What term means to surrender an accused criminal under the provisions of a treaty or statute by one authority to another having jurisdiction?

Where does the international criminal court sit?

According to the tokyo convention act of 1967, any nation may try persons for what crime even if no acts are committed within that a country's boundary or territorial waters?

International criminal law is also known as offenses against the

Which of the following is one of the crimes the federal mann act addresses?

Military installations and other federally owned and controlled lands within the boundaries of a state are called federal

How many indian tribes does the U.S. currently recognize with some attributes of sovereignty?

International conventions and treaties between nations can confer power to what entity to make criminal laws?

Indian tribes are generally dependent upon federal

Should a member of the U.S. military commit a crime off-base, jurisdiction with be with

Because the states have the primary responsibility to maintain public order and security in their state, they have what kind of authority to create criminal law under the police power of each state?

What is the name of the jurisdiction of the united states over actions within territorial waters of the U.S., on the U.S. ships, or stateless vessels on the high seas?

Final authority on the scope of indian tribal jurisdiction is held by

What is the name of the federal act that incorporates the state criminal law of the state surrounding the federal enclave as the law of the enclave if there is no relevant federal statute?

The latin term actus reus means

The latin term mens rea refers to

According to the model penal code, a person who consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct, acts

According to the model penal code, how is a person acting, with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct?

Thinking of committing a crime without performing a criminal act is

Most crimes require the concurrence of which of the following?

To obtain a conviction, the prosecution has the burden of proving every element of the crime

Which of the following terms refers to an individual's mental state?

To find a defendant guilty of the crime of receiving stolen property, most states

In criminal law, motive refers to

In a criminal trial, motive

A strict liability offense is one without

Strict liability statutes

Which of the following areas include strict liability crimes?

In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law

For crimes in which harm has occurred, the state must prove

While the classification system suggested by the model penal code distinguishes between each level of mental state, the distinction

A request made to another person to commit a crime is the offense of

The purpose of solicitation, conspiracy, and attempt statutes is to

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has

Abandonment or withdraw by a conspirator makes the crime

The crime of solicitation is committed when

In the early 1600s, what crime was used extensively by the english court of the start chamber?

What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?

The death of a co-conspirator

For criminal conspiracy, proof of an overt act by a defendant

Evidence is an overt act would provide some assurance that

The wharton rule states that the crime of conspiracy cannot be charges if the number of people involved are only those necessary by factual circumstance to

A person could be criminally liable for the conduct of another if he of she is a party to a conspiracy to commit a crime and

The U.S. supreme court has stated that the essence of the crime of conspiracy is

A conspiracy to commit an unlawful act is known as a/an

The most frequently charged anticipatory offense is that of

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of

Federal courts and many states use the model penal code substantial step test in determining whether the crime of _________ has been committed.

The age selected by the jurisdiction as the minimum age for a child's criminal responsibility creates a conclusive presumption that

The two prongs of the M'naghten rule are

Under which of the following circumstances do states permit the insanity defense with the voluntary intoxication or drug use?

The first prong of the M'Naghten rule

The common law established the lowest age of criminal responsibility at age

At what age do most states infer that individuals are competent and capable of committing a crime?

A rebuttable presumption means the presumption

The second prong requires

The M'Naghten rule differs from the substantial capacity test primarily on the made up the crime charged.

How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?

A defendant of questionable competency should not be tried for a criminal violation because

A defendant who is found not guilty by reason of insanity is almost always

What is the name of the test which combines cognitive incapacity and moral incapacity?

In states where it is available, should the jury find the defendant was guilty by mentally ill at the time of the offense, the defendant

States with the "guilty but mentally ill" verdict

Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty but mentally ill?

Key points in determining the lawfulness of force used in self-defense include:

To be lawful, force used in self defense or defense of another must be both reasonable and

Should a 70-year-old, 100 pound woman begin to hit a 25-year-old, 200-pound man with an umbrella, the man may

The amount of force used in self defense or defense of another must, under the circumstances that exits, be

In states that have adopted "make my day" the occupant of a dwelling

To lawfully use deadly force in self defense, what kind of fear of imminent death or great bodily harm must exist?

If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to

Today, most states prohibit the use of what kind of force to protect property?

According to the U.S. supreme court, the fourth amendment applies to use of force by a police officer because the fourth amendment provides an explicit textual source of constitutional protection against this sort of

When an uncooperative driver refuses to submit to a breath or urine test police have begun

Whether excessive force was used by police in making an arrest will be analyzed under the fourth amendment and what standard?

State laws regarding the use of deadly force in making arrests must comply with the requirements established by the U.S. supreme court in which case?

What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to assault in their home?

"State your ground" laws change what doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home?

Actions by police officers using force to arrest a suspect, and thus under the fourth amendment must be

State laws or regulations stating how and when police officers may use force must also comply with the