Criminal Law Test 2

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Criminal Law Test 2
2014-02-27 00:16:00
Criminal Law Test

Criminal Law Test 2
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  1. One who aids another in a commission of a crime. An accomplice is generally treated the same as a principal.
  2. One who provides the help to the person who commits a crime, either before or after the crime is committed
    Aider And Abettor
  3. Acts that are substantial step toward the commission of a crime that is not yet completed.
    Attempt Crimes
  4. Scope of liability of persons who are party to a conspiracy or other agreement to do an unlawful act.
    Common design or plan
  5. An agreement between two or more persons to engage in unlawful acts.
    Conspiracy crimes
  6. A person who is party to an agreement to commit an unlawful act.
  7. Under common law, persons who either committed the crime, or aided and abetted the commission of the crime or the persons who committed the crime
    Parties to the principal crime
  8. The rule followed in federal courts that one conspirator is liable for crimes committed by another conspirator, if foreseeable and done in furtherance or the conspiracy.
    Pinkerton Rule
  9. Actions taken after a crime has been committed with knowledge that it had been committed that provide aid to the person who committed the crime
    Post Crime Offenses
  10. Criminal Acts that lead to or are attempts to commit other crimes
    Preliminary, anticipatory, or inchoate crimes
  11. Attempting to get another to commit a crime
    Solicitation or incitement crimes
  12. The requirement that crimes needing more than one person for commission, such as bigamy, require three or more people for a conspiracy conviction
    Wharton rule
  13. The rule that all parties to a conspiracy or other agreement to perform an unlawful act are liable for every action taken by any party in
    furtherance of the conspiracy agreement.
    What one did they all did
  14. An insanity test that claims that defendants are not legally responsible for the acts if, due to a defect of the mind, at one time of the crime they were unable to understand the difference between right and wrong.
    "Right and Wrong" test
  15. A test to determine criminal responsibility based on weather the defendant could (1) distinguish between right and wrong or (2) conform his or her conduct to the requirements of law.
    "Substantial capacity" test
  16. The insanity defense rule requiring proof that because of mental disease or defect defendants did not know the scope or character of their actions.
    M'Naghten Rule
  17. Defendants must have the ability to cooperate with their attorneys and the ability to understand the charges and proceedings against them.
    Competency to stand trial
  18. The rules for making corporations liable for actions taken by officers, directors or employees. Corporations can be vicariously criminally liable for actions of their agents if the offense is minor, a duty is specifically assigned to a corporation, a statute explicitly creates vicarious criminal liability, or the person committing the crime is acting in the interest of the corporation and is high managerial agent.
    Criminal liability of corporations
  19. A defense for criminal responsibility based on the fact that because of mental or emotional conditions, the defendants did not possess the required mens rea for conviction of crime charged.
    Diminished capacity defense
  20. A defendant may be found guilty but mentally ill if all the following are found beyond a reasonable doubt: (1) defendants is guilty of offense (2) defendant was mentally ill at the time offense was committed; (3) defendant was not legally insane at time offense was committed
    Guilty but mentally ill
  21. Under the civil law, a person who has not yet reached the age of majority, weather age is at 18, 19, 20 or 21 as determined by the law of either jurisdiction.
    Infant (child)
  22. Tests to determine legal and moral liability
    Insanity tests
  23. The greater weight of the evidence, though not necessarily the amount of reasonable doubt. It is proof sufficient to incline a reasonable person toward one side of an issue rather than the other.
    Preponderance of evidence
  24. A test used to determine criminal responsibility in ancient England involving subjecting the individual to a torturous ordeal. These ordeals were essentially appeals to God; surviving the ordeal was viewed as God's judgment of innocence.
    Trial by ordeal
  25. The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves.
    "castle" doctrine
  26. Rules adopted by some states that put no limits on the use of deadly force by the occupant of a dwelling in response to a trespasser.
    "make my day" rules
  27. Recent laws passed in many states that permit using deadly force in response to an unlawful attack rather than the traditional "duty to retreat" policy.
    "stand your ground" laws
  28. Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claim for self defense.
    Battered woman defense
  29. Deadly Force
    Force that is likely to cause or is capable of causing death or serious bodily injury.
  30. The elements to evaluate weather an act of force for defense of another is justified include the unlawfulness of the action toward the other, the necessity to defend the other immediately, and
    Defense of another
  31. Laws that encourage people to come to the aid of another to defend another against unlawful force or interference.
    Good Samaritan laws
  32. Any person taking the place of the parents has the duties and responsibilities of the parents and may reasonably discipline a child in his or her care. This category includes legal guardians, foster parents, and public school teachers.
    In loco parentis ("in place of the parents")
  33. The elements to evaluate weather an act of force for self-defense is justified include the unlawfulness of the others action, the necessity to defend ones self immediately, and the reasonableness of the act of self-defense under the circumstances.
    Self defense
  34. A seizure made by a government officer that is unreasonable under circumstances and thus violates the Fourth Amendment.
    unreasonable seizure
  35. Insanity defense
    Defense in which the defendant claims to be blameless for the criminal acts or omissions on their behalf due to their having a degree of insanity or mental defect.
  36. Corporations can be charged with crimes such as
    Misrepresentation in financial statements of corporations

    Manipulation in the stock market

    Commercial briberyBribery of public officials directly or indirectly

    Misrepresentation in advertisement and salesmanship

    Embezzlement and misappropriation of fundsMisapplication of funds in receiverships and bankruptcies (O'Grady: 2011).
  37. Strict liability crimes
    Crime that does not require proof of the mental element essential to true crimes

    EX: The sale of alcoholic beverages to a minor
  38. Factual Impossibility in attempt
    When a crime can not be committed due to circumstances making it impossible regardless of the defendants intent to complete the crime.
  39. Strict liability
    is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise.
  40. By competent we mean
    Mentally fit
  41. Rules for co-conspirators
    Conspiracy does not end if one conspirator dies. A conspirator may be convicted even if the co-conspirator is missing as long as there is an alleged existence of said co conspirator. A conspirator may be convicted even if co-conspirator is acquitted.
  42. Deadly Force for police officers
    A police officer may use deadly for to prevent death or serious bodily harm to themselves or another police officer, prevent the escape of a suspect in serious violent felony and reasonably believes this suspect to be a danger to the public.
  43. Pre trial competency
    If found by a preponderance of evidence that defendant lacks competence to stand trial they may be hospitalized for 4 months and longer if still unfit. Defendant will be hospitalized until it is determined that the defendant poses a risk to the public because of their mental defect if so they will remain hospitalized until he no longer poses such a risk.
  44. Difference in common law deadly use of force with statutory law
    Common law required the victim of an unlawful to retreat as to where most states adopted "stand your ground laws, or variations of said law" as their statutory law
  45. Compounding Offense
    A criminal act in which a person agrees not to report the occurrence of a crime or not to prosecute a criminal offender in exchange for money or other consideration.he offense is also committed when a person accepts remuneration for encouraging a witness to be absent from a trial or employs any unlawful tactics to delay a criminal proceeding.
  46. Jackson V. Indiana
    U.S Supreme Court held that mentaly incompetent defendants should not be held longer than a "reasonable amount of time" that reasonable amount of time being no longer than the maximum sentence for the crime or 18 months after this period the state may either 

    Try the defendant if they are competent

    Dismiss the charges

    Commence civil proceedings to institutionalize the defendant if they remain incompetent to stand trial.
  47. Overt act for a conspiracy
    Requires proof of an overt act done in furtherance of the criminal conspiracy
  48. Rebuttable presumption
    he offense is also committed when a person accepts remuneration for encouraging a witness to be absent from a trial or employs any unlawful tactics to delay a criminal proceeding.
  49. unlawful force
    Power or violence that is directed against a person without that person’s consent .