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57 Cards in this Set
- Front
- Back
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30.) How is intoxication regarded, as it applies to the defense of committing a crime which requires specific intent? |
You have to be so intoxicated that you didn't know you committed a crime while being under the influence. |
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31.) The "Total body of the crime", often referred to as the elements of the crime, but is actually the definition of the crime, is called what? |
Corpus Delicti |
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32.) What is needed to prosecute someone for a failure to act? |
articulable lack of an action |
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33.) PC 20 says, in order to constitute a crime, there must be a unity of what? |
act and intent |
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34.) That which produces an event and without which event could not have occurred is called what? |
proximate cause |
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35.) Mens rea is most often proved by: a. Revelations made during hypnosis b. eyewitnesses c. brain scans d. Inference from a person's actions |
D.) Inference from a person's actions |
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36.) That which is so aggravated or reckless, that it shows indifference to the consequences and a disregard for human life, is referred to as what? |
Criminal Intent-----How manifested criminal negligence |
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37.) All but one of the following is a defense to a crime under PC 26. Indicate the one that is not. a. Honest mistake of the fact b. Unconscious of the nature of one's acts. c. No knowledge that a law prohibiting the act existed. d. Accident and misfortune. |
C |
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38.) Which person's are legally incapable of committing a crime? |
1. Children under the age of 14 2. Persons who are legally incapacitated 3. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent. 4. Persons who committed the act charged without being conscious thereof. 5. Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was evil design, intention, or wrongful negligence. 6. Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused. |
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39.) Which of the following best fits the current insanity test? a. Under influence of drugs or alcohol b. Unconscious while committing the act. c. IQ of 10 to 24 on the Binet Scale. d. Incapable of distinguishing right from wrong. |
D.) Incapable of distinguishing right from wrong |
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40.) It is ultimately up to the courts to interpret criminal laws passed by legislative bodies True or False? |
True. |
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41.) How do the courts determine legal insanity? |
Insanity defined---PC 25 (b) under Prop. 8 the test for legal insanity is now whether a criminal defendant proves by a preponderance of the evidence that he\she was incapable. The defendant produces an overwhelming body of evidence proving that they did not know the act was wrong |
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42.) Which is true with regards to intoxication? a. It may be admissible (evidence of voluntary intoxication) solely to determine whether or not the defendant actually formed a specific intent crime is charged. b. It is never an excuse for the commission of a crime. c. Voluntary intoxication is not grounds for exemption from criminal responsibility. d. All of the above. |
C |
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43.) Could "duress" be a defense? a. Yes, except in death penalty or capital crimes. b. Yes, even in death penalty or capital crimes. c. No. d. Yes, in only extortion cases. |
A |
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44.) In a criminal case, only the defendant has a right to appeal. True or False? |
False. |
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45.) Which is true with regards to when evidence of motive may be admissible? a. To rebut a claim of insanity and to remove doubt as to one's identity. b.To show the intent with which the act was committed. c. To help determine the issue of justification or excusability of the act. d. All of the above. |
D.) All of the above.
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46.) In California, adolescents may be charged as an adult, as young as______years old? |
14 years old/
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47.) One who aids, abets,v advises and encourages the actual perpetrator in a crime is a? |
Is an accessory. |
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48.) The term "principal to a crime" applies only to felonies. True or False? |
True. |
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49.) The law prohibits suing someone for personal damages if he or she has already been convicted of a crime for the same act. |
The law does not prohibit this so the answer is NO. |
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1) criminal law major categories |
substantive- defines a crime adjective- procedures criminal- specific acts / omissions that constitute crimes civil- describes legal relationships |
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2. penalties for the commission of a crime |
death, imprisonment, fine, removal from office, disqualification from office, |
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3. stare decisis defined |
previous case decisions influence current decisions |
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4. statute of limitations for misdemeanors |
a misdemeanor is punishable for a max of 364 days in the county jail |
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5. case citation designation |
12 (volume) Cal (ca reports) 4th (series) 415 (page) |
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6. all but one of the following are considered crimes |
a. drinking in public b.attempting suicide c. protesting in private property w/out permission of the owner c. striking an unintended person during a fight in a bar |
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7. venue defined |
where a trial is held (courthouse location) |
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8. what is jurisdiction |
the courts authority |
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9. mala in se |
a crime that is inherently bad |
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10. what is a tort ? |
a civil action (think suing someone) |
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11. state decisis |
the legal principle of determining points in litigation according to precedent (#3) |
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12. who is the plaintiff ? |
the accuser in a civil action |
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13. prima facie |
evident by first appearance |
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14. jail term maximum for misdemeanors |
364 days |
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15. what 2 requirements lead to a law being dropped (one is void) |
vague & indefinite |
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16. know the differences and definitions of types & classification laws |
page 6-7 & #1 |
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17. what kind of crime is involved if there is no specific penalty is prescribed in the Penal Code? |
misdemeanor |
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18. probable cause examples |
when facts indicate someone is guilty |
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19. where are prisoners confined for misdemeanors vs. felonies? |
misd: jail felony: prison |
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20. prop 8 impacts on CA law & federal laws |
-truth in evidence: if evidence is admissible on a fed. level it is admissible in CA court -public safety; #1 consideration in setting bail -use of prior convictions allowed -prior convictions are elements of a crime if used -diminished capacity not a defense - 5+ years for each previous serious felony conviction -def. of serious felony -victims rights -def. of victim -plea bargaining |
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21. infractions and jury trials |
infractions not tried by jury |
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22. corpus delicti |
specific act or omission and intent |
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23. 3 types of intent |
transferred, general, specific |
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24. PC 20 discusses what act & intent combined |
PC 20 is definition of a crime |
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25. can elements of a crime be proved by admission? confession? |
no |
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26. what is the def. of an act? |
doing something illegal |
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27. what is the legal def. of intent? |
wanting to do something illegal |
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28. what is the def. of general intent? |
interred from doing something or not doing something |
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29. what is criminal negligence? |
a wrongful departure from the expected standard of care |
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50. A & B plan and carry out the robbery of X. B kills X during the robbery. A was not present at the time of the killing nor did he intend that X be killed. As a result of the robbery and killing..A is guilty of
a.murder b. attempted murder c. robbery d. being an accessory |
d. being an accessory |
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52. all but one of the following is true of being an accessory select the one that does not belong a. applies to both felonies and misdemeanors b. act must be w.intent that principal avoid arrest c. must occur after a felony is committed d. the person must know the other is a felon and wanted by the police |
b. act must be w.intent that principal avoid arrest |
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53. for the purpose of imposing the death penalty in a non-triggerman offense, culpability is usually defined as what one word |
intent |
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51.one who knowingly harbors and conceals a felon is called a what |
principal |
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54. because of the non triggerman rule, the defendant who does not actually kill the person, but who is an active participant in the crime, who helps plan it, etc..., but doesn't actually do the killing... (PC 190.2) a. is immune from the death penalty if shown the defendant did not intend to take part in the killing b. may be liable for civil actions only c. is immune from prosecution because murder is a capital offense d. is not immune from the death penalty and or life imprisonment with out the possibility of parole |
a. is immune from the death penalty if shown the defendant did not intend to take part in the killing |
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55. 3 types of intent are |
general, specific, and constructive |
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56. which one of the following constitutes an attempt to commit a crime a. 2 or more person plan a robbery and buy a gun b. A tries to kill B causing backing powder thinking it to be poison c. X buys explosives to be used in a safe burglary d. intending burglary, A removes a window screen but is frightened away |
d. intending burglary, A removes a window screen but is frightened away |
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57. which of the following offenses is incapable of being completed, and thus cannot be attempted a. ADW through a window unknowingly using an unloaded gun b. theft from an empty pocket believed to contain money c. shooting through a wall to kill one that is no longer there d. mayhem using red pepper |
a. ADW through a window unknowingly using an unloaded gun |
