A crime is a social wrong or social evil that punishable under the law.
Why was the Model Penal Code adopted in whole or in part by many states?
to create consistent criminal laws
to create a system of criminal laws specific to one political party
because states do not write their own laws and seek outside sources to write them
because they want a strict criminal law system
What are some things that a paralegal working for a criminal lawyer might do during the course of a regular work day? (Check all that apply)
research the case law and the statutes applicable to the case
interview witnesses to determine the facts of the case
reviews the paperwork for potential flaws in the pleadings or flaws in the laws relied upon in the pleadings
take the deposition of the client
draft and file motions on behalf of client
A defendant is always guilty until proven innocent.
What are some of the underlying reasons for criminal punishment--check all that apply.
What are the two basic elements of a crime?
anger and motive
motive and harm
guilty state of mind and physical act by the defendent
guilt and evidence
Under the Model Penal Code, four states of mind fulfill the mens rea requirement: purposeful, knowing, reckless, and competent.
The mental element of a crime is called "mens rea," or the guilty mind.
An example of a purposeful act is when a defendant shot a gun at the victim, in self-defense.
What is a "knowing act"?
The act is done by someone who knows the victim.
occurs when the defendant acts with the knowledge that the result is almost certain to occur.
the defendant did not know or understand the result of the act
A reckless act is one in which a person is careless or indifferent to the consequences of the action.
An example of a negligent act is when the defendant’s 1,000-acre ranch was clearly posted with “No Trespassing” signs; no one should have been on the ranch on the Fourth of July. The defendant fired his gun into the air and the bullet struck and injured a trespasser.
Actus reus is another way of referring to the guilty act or the physical aspect of the crime.
The action involved in the actus reus must be a voluntary act.
All crimes require both a mental and a physical act.
What does concurrence mean in the context of criminal law?
The facts of the case support the defendant's argument.
The underlying legal theory supports the prosecutor's position.
The joining of the physical and mental elements of the crime.
The defendant's attorney and the judge agree.
The judge and jury agree.
What are some examples of crimes against people? (Check all that apply)
Crimes against property include burglary, embezzlement, and receiving stolen goods.
Hate crimes, vagrancy, rape and disorderly conduct are all examples of crimes against the public.
Felonies are not as serious as misdemeanors,
All homicides are crimes.
First-degree murder is a homicide that is premeditated, willful, and deliberate.
Second degree murder is the same as manslaughter.
What is the difference between an assault and a battery?
The victim suffers a physical injury with an assault, but there is only a threat of injury in a battery.
No physical injury occurs in an assault.
There has to be intent to harm in an assault, but not a battery.
All kidnappings involve a false imprisonment.
There are three elements necessary ti prove burglary.
What are some possible things the defendant can do at trial? (check all that apply)
The defendant may plead not guilty.
The defendant may argue with the judge,
The defendant may offer a defense.
The defendant may plead with his/her attorney.
When it comes to crimes, adults and juveniles are treated the same in the eyes of the law.
Can a juvenile receive the death penalty for a crime committed?
There is no uniformity among the states in how the juvenile court system works.