Exam 4: Criminal Law

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______________ capacity is a defense based on claims of a mental condition that may be used to exonerate the defendant of guilt.

(Short Answer)
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Criminal ___________ occurs when a person fails to reasonably perceive the substantial and unjustifiable risks of dangerous consequences of his or her actions.

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Common law originates from usage and custom rather than from written statutes.The term refers to an unwritten body of judicial opinion,originally developed by English courts,that is based on non-statutory customs,traditions,and precedents that help guide judicial decision making.

(True/False)
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Double Jeopardy allows a defendant to collect double damages in a civil suit.

(True/False)
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The M'Naghten rule,the Durham rule,and the Brawner rule all are connected with insanity defense in criminal court.Define each rule and emphasize the difference between the three.

(Essay)
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The Latin term for the facts that show that a crime has occurred,the term literally means "the body of the crime," is known as _______________ delecti.

(Short Answer)
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A misdemeanor is a criminal offense punishable by death or by incarceration in a prison facility for at least one year.

(True/False)
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A criminal's reason for committing a crime is commonly known as:

(Multiple Choice)
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A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil is called a(n):

(Multiple Choice)
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Which of the following types of law is based on the assumption that acts injure not just individuals,but society as a whole?

(Multiple Choice)
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Match the answer of term in the numbered column with correct term.
Describes actions undertaken by prosecutors that give the government an unfair advantage or that prejudice the rights of a defendant or a witness
Law
A rule of conduct, generally found enacted in the form of a statute, which proscribes or mandates certain forms of behavior
Justification
A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law
Excuse
Correct Answer:
Verified
Premises:
Responses:
Describes actions undertaken by prosecutors that give the government an unfair advantage or that prejudice the rights of a defendant or a witness
Law
A rule of conduct, generally found enacted in the form of a statute, which proscribes or mandates certain forms of behavior
Justification
A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law
Excuse
A common law and constitutional prohibition against a second trial for the same offense
Diminished capacity
An improper or illegal inducement to crime by agents of law enforcement. Also, a defense that may be raised when such inducements have occurred.
Alibi
Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge
Prosecutorial misconduct
A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime
Double jeopardy
A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible
Precedent
A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases
Defense
A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil
Entrapment
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Entrapment is a proper and legal inducement to allow someone to commit a crime by agents of law enforcement.

(True/False)
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