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177 Cards in this Set
- Front
- Back
What case makes clear the need for punishment to make condemnation meaningful?
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Chaney v. State
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Private wrongs for which you can sue the party who wronged you and recover money are known as
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torts
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Who has the burden of proof regarding criminal conduct?
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the prosecution
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Defendants who have committed a ____ must be in court for their trials
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felony
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An offense which is punishable by one year or more in a state prison is called a...
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felony
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The law that says human beings seek pleasure and avoid pain is the law of...
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hedonism
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Who is credited with first formulating classical deterrence theory?
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Bentham
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The general part of criminal law consists of
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principles that apply to more than one crime
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To obtain a conviction, the prosecution must prove every element of the offense
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beyond a reasonable doubt
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Which of the following is not one of the criteria required for criminal punishment?
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the penalty inflicts enough pain so the offender experiences the full extent of society's disapproval
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Which of the following theories or justifications for punishment is retrospective (looks back at the crime)?
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retribution
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The theory of punishment that includes the idea that it is right to hate criminals and they deserved to be punished proportionate to the harm they have done is the theory of
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retribution
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Retributionists assume that
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justice is best served by sending convicted offenders to prison
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Who first formulated the theory that rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure they hope to get from committing the crime?
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Jeremy Bentham
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The assumption underlying rehabilitation theory is that
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forces beyond offenders' control cause them to commit crimes and experts using the correct therapy can reform criminals
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Since the mid-1980's, the two rationales that have dominated penal policy are
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retribution and incapacitation
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According to the text, which of the following is not a property crime?
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vagrancy
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Criminal law is only one kind of
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social control
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What part of criminal law consists of principles that apply to more than one crime?
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general part of criminal law
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What part of criminal law defines specific crimes and arranges them into groups according to subject matter?
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special part of criminal law
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Where is most criminal law found?
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state criminal codes
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Which of the following is the highest standard of proof known to the law?
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beyond a reasonable doubt
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When professionals make judgments based on their training, their experience, and unwritten rules, this is called
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discretionary decision making
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Sentencing laws that make prison release dependent on rehabilitation are called
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indeterminate sentencing laws
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Even in states that have codified their criminal codes, the common-law is important today because
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it is used by judges to help them interpret current criminal statutes
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Criminal law reformers called for the abolition of common-law crimes because they
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contended that law created by judges was not only disorderly and incomplete, it was antidemocratic
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Crimes and torts are similar in which of the following ways?
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They both tell us what we can and can't do
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Which of the following is not true of a felony crime?
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a felony is never punished by imprisonment
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Administrative crimes
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are a rapidly growing source of law
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According to the text, which is the most common category of crimes?
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misdemeanor crimes
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The appellant is the party who
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is appealing to overturn an unfavorable decision
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The legal rule the court has decided to apply to the facts of the cases is called the
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holding
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If an appellate court affirms the decision of the court immediately below, this means that the lower court's decision is
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upheld
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When an appellate court overturns the decision of a trial court and sends the case back for further proceedings in accord with its decision, the appeals court has
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reversed and remanded the trial court decision
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In the citation 319 N.W. 2d 459, the number 459 represents the
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page where the opinion begins in a volume
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The authors of the U.S. Constitution were suspicious of
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power in the hands of government officials
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What is the standard used by courts of appeal to determine if a sentence is "inside, just outside, or significantly outside the guidelines range?"
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the abuse-of-discretion standard
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According to the principle of _____ there must be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?
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legality
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What is the name of a law that criminalizes an act that was innocent when it was committed?
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ex post facto law
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The _____ doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws.
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void-for-vagueness
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Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
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The Fifth and Fourteenth Amendments
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Which Amendment to the Constitution requires that states provide equal protection of the law?
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The Fourteenth Amendment
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Because sentencing guidelines are now advisory, appellate review of sentencing decisions is limited to determining whether they are:
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reasonable
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Which Amendment to the Constitution contains the Equal Protection clause?
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The Fourteenth Amendment.
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Equal protection does not require that
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everyone, or even all criminals, be treated exactly alike
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What is the level of scrutiny that most government classifications are subject to under equal protections?
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the rational basis test
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What level of scrutiny are gender classifications subject to under equal protection?
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heightened
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Which of the following rights is guaranteed by the Fourth Amendment?
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the right to freedom from unreasonable search and seizure
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The U.S. Supreme Court took a "hands off" approach to sentencing procedure until what case?
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Apprendi v. New Jersey (2000)
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What name is given to offensive, sexually explicit material that is not protected by the First Amendment?
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obscenity
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A trial without a jury is called
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a bench trial
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The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
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an unacceptable chilling effect
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In Barnes v. Glen Theatre, Inc., et al. (1991), the Supreme Court rules that a state law banning totally nude dancing in public was
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constitutional because it furthers a substantial government interest in protecting order and morality
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Which of the following is protected by the First Amendment?
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flag burning as a political protest
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According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy?
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a fundamental right
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In Stanley v. Georgia (1969), the Supreme Court struck down a statute which made it a crime for an adult to possess what in their own home?
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obscene materials
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Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems?
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2000
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In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
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U.S. v. Booker (2005)
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Which of the following kind of punishments are prohibited by the Eighth Amendment?
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barbaric
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Which Amendment contains the ban on cruel and unusual punishment?
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The Eighth Amendment
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In what case did the Supreme Court rule that death by electrocution did not violate the cruel and unusual punishment clause?
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In re Kemmler (1890)
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The idea that punishment must fit the crime is the Eighth Amendment principle of
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proportionality
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In Robinson v. California (1962), the Supreme Court rules that a 90-day sentence for drug addiction was
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disproportionate
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For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)?
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rape of an adult female
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After U.S. v. Booker (2005) sentencing guidelines became
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advisory
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IN which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?
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Atkins v. Virginia (2002)
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When U.S. Court of Appeal review sentences they have to consider whether a sentence is "unreasonable" in light of the Guidelines and
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the general purposes of sentencing under federal law
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In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of
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offenders who committed their crimes when they were under the age of 18.
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To what cases do opinions in cases such as Apprendi rule, Blakely, and Booker apply?
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judge increased sentencing only
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According to the U.S. Supreme Court, California's three-strikes law
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does not violate the Eighth Amendment
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Criminal conduct consists of how many elements?
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three
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The majority of minor crimes against public order and morals do not include
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mens rea
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Criminal conduct that qualifies for criminal punishment is the definition of
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criminal liability
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Those crimes requiring a criminal act triggered by criminal intent are
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conduct crimes
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Criminal liability is defined as criminal conduct that qualifies for criminal
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punishment
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The requirement that attitudes have to turn into deeds is called
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manifest criminality
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Only voluntary acts qualify as criminal
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actus reus
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In the English case King v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because
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her acts were done while asleep and thus were not voluntary
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Most offenses that don't require a mens rea do include which of the following?
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An attendant circumstances element
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Drivers with dangerously high blood pressure who suffer strokes while they're driving and kill someone while the stroke has incapacitated them is an example of which of the following?
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voluntarily induced involuntary act
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Which doctrine imposes a legal duty to help or call for help for imperiled strangers?
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the "Good Samaritan" Doctrine
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Most states follow which of the following?
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the American Bystander rule
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Which of the following are the two kinds of criminal possession?
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actual possession and constructive possession
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Which type of possession is it where one has physical control of banned stuff?
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actual possession
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When you possess something you don't know you possess, it is called
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mere possession
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Which of the following refers to who we are
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status
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Which of the following refers to what we do
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action
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In Robinson v. California (1962), the Supreme Court held that Robinson's conviction must be
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reversed because a person cannot be punished for a status or condition
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The existence of a legal duty is what element of a crime?
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attendant circumstance
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What failures to perform legal duties are punishable as criminal omissions?
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unreasonable
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The criminal law refers to a failure to act as
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an omission
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A legal fiction turns what into an act, although it is really a passive state?
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possession
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Legal duties can arise from
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statutes, contracts, and special relationships
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If there is no criminal conduct, there is no criminal
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liability
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A friend of yours puts illegal drugs into your backpack without your knowledge. This is known as
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mere possession of the drugs
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What type of possession is required by most states before an act can be criminalized
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knowing
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The concurrence element means that a criminal intent has to
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trigger the criminal act
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Serious crimes that include (1) a voluntary act, (2) the mental element, and (3) attendant circumstances, (4) causation, and (5) criminal harm are also called
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bad result crimes
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Some serious crimes include five elements. Which of the following is not one of those elements?
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omission
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For an omission to act to be a crime, what must exist?
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a legal duty to act
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Which of the following cannot be a criminal act?
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Fantasizing
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What modern phrase comes from the ancient idea of manifest criminality?
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caught red-handed
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Which of the following is a voluntary act?
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knowing possession
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In the plurality opinion in Powell v. Texas (1967), the conviction for public drunkenness was
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affirmed because Powell was not punished for being an alcoholic but for the act of being drunk in a public place
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Which of the following are the two kinds of criminal omission?
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failure to report and failure to intervene
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Which of the following is not a type of culpability in the Model Penal Code?
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willfulness
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The mental element of a crime is called the
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mens rea
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In the absence of a confession, intent must generally be proven by _____ evidence
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circumstantial
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General intent is the intent to
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have the mens rea.
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Proximate cause is a subjective question of fairness that appeals to the jury's sense of
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justice
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Another term for criminal act is
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actus reus
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In strict liability cases, the prosecution has to prove only that defendants committed a
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voluntary criminal act that caused harm
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Mistake is a defense whenever the mistake prevents the formation of any fault-based
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mens rea
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The objective determination that the defendant's act triggered a chain of events that ended as the bad result is called the
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cause in fact
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Fault that requires a "bad mind" in the actor is called
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subjective fault
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The cause that either interrupts a chain of events or substantially contributes to a result is called the
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intervening cause
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What is the only direct evidence of a defendant's mens rea?
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a confession
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In the Model Penal Code, the most blameworthy state of mind is
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purposely
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What is the default degree of culpability where codes fail to identify a level of culpability?
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recklessness
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Conscious risk creation is called
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recklessness
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Intent to commit a criminal act as defined in a statute is known as
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general intent
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Liability without fault, or in the absence of mens rea, is called
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strict liability
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Which of the following forms of intent is both objective and subjective?
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reckless
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Factual cause is also known as which of the following
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"but for" cause
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What kind of cause occurs after the defendant's act and before the harm?
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intervening cause
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What are the names of the two kinds of cause required to prove causation in "bad result" crimes?
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factual cause and legal cause
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Failure of proof defenses are also known as
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mistakes
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Which kind of fault requires no purposeful or conscious bad mind in the actor?
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objective fault
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Criminal liability without subjective or objective fault is also called
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strict liability
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Which of the following statements is true regarding recklessness and negligence?
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recklessness is about consciously creating risks, negligence is about unconsciously creating risks
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The most common definition of specific intent is
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general intent plus
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According to the Model Penal Code, what is the most blameworthy mental state?
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purposely
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What is the only crime defined by the U.S. Constitution?
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treason
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The conscious creation of substantial and unjustifiable risks is the definition of
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recklessness
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Ignorance of facts and law ___ create a reasonable doubt that the prosecution has proved the element of criminal intent
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can
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A defense in which the defendant accepts responsibility for the act but claims what they did was right is called...
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justification
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A defense in which the defendant admits the act but claims that, under the circumstances, they aren't legally responsible is called
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excuse
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In many jurisdictions, affirmative defenses typically have to be proven by the defendant
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by a preponderance of the evidence
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Most defenses are perfect defenses, if they're successful, defendants are
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acquitted
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Evidence that does not amount to a perfect defense might amount to an imperfect defense; that is, defendants are
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guilty of lesser offenses
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The castle exception is an exception to what doctrine?
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the retreat doctrine
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At the heart of the choice-of-evils defense is the necessity to prevent
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imminent danger
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What kind of strike does the law not allow to form the basis of self-defense claims
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preemptive
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Which of the following cases involves the "New York Subway Vigilante"
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People v. Goetz (1986)
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Defensive force may be used only if the threat or danger is
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imminent
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The general rule is that self-defense is available only against what type of attacks?
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unprovoked
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A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started?
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completely withdraw
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In which of the following cases did the Ohio Supreme Court base its decision on the idea that a battered woman has already "retreated to the wall"?
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State v. Thomas (1997)
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A person can use deadly force against an attacker whom the victim reasonably believes is going to cause them an injury less than death. The attacker is said to be threatening
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serious bodily injury
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In some jurisdictions, a person must retreat before using defensive deadly force if
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they can reasonably do so in safety
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How many requirements are there to establish criminal liability
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three
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Which of the following cases involves the choice to commit a lesser crime to avoid an imminent threat of harm?
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People v. John Gray et al (1991)
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Which of the following never justifies the use of force against another person?
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retaliation
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The retreat requirement is weakest or non-existent when persons are attacked
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in their own houses
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Which doctrine holds that a person does not have to retreat if he or she didn't start the fight, even if it is safely possible?
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the stand-your-ground rule
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Supporters of the castle laws see them as the public reasserting...
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fundamental rights
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Which of the following is the majority rule?
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the stand-your-ground rule
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The law of self-defense is undergoing
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major transformation
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Evidence that does not amount to a perfect defense might amount to an
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imperfect defense
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The modern right to use force against those unlawfully entering the person's home generally
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does not include the defense of cartilage
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Which of the following is a key requirement of the necessity defense?
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that no reasonable legal option exists for averting the harm
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At the heart of the choice-of-evils defense is the necessity to prevent what kind of danger?
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imminent dangers
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At the heart of the defense of consent is the high value placed on the right to
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individual autonomy
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Which of the following is not one of the three elements of self-defense cases involving coinhabitants?
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the defendant knew that the perpetrator had a weapon
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The defense of consent recognizes the societal value of
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individual autonomy
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Which of the following is recognized as a valid consent defense situation in most states
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the injury happens during a sporting event
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To provide a valid consent defense, the consent of the victim must be
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knowing and voluntary
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In which of the following situations does the right to defend others not apply?
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preventing a sister from having an abortion
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The case of The Queen v. Dudley and Stephens (1884) involves which defense?
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the general principle of necessity
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Knowing consent means
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the person consenting understands what she is consenting to
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True/False: If there is no criminal conduct, there is no criminal liability.
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True
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True/False: The term actus reus refers to the act element of a crime
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true
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True/False: All crimes have to include a criminal act. That's why it is the first principle of criminal liability.
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True
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True/False: In Robinson v. California, the Supreme Court stated that it would be cruel and unusual punishment to punish someone for a disease or illness
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True
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True/False: Offenses that don't require a mens rea do include an attendant circumstances element
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True
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True/False: The general principle of actus reus includes a voluntary act.
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True
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True/False: Failure to file income taxes is an example of a failure to intervene crime
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False
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