Diamond Crim Essential Exam Info Questions and Correct Answers 2024.
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Diamond Crim Essential
Diamond Crim Essential Exam Info Questions and Correct Answers 2024.
Crime is ___________________
what the legislature says it is
Crime equals
crime equals actus reus plus mens rea minus any affirmative defenses
When determining a defendant's guilt/innocence ___________
When determining a d...
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Diamond Crim Essential Exam Info
Questions and Correct Answers 2024.
Crime is ___________________
what the legislature says it is
Crime equals
crime equals actus reus plus mens rea minus any affirmative defenses
When determining a defendant's guilt/innocence ___________
When determining a defendant's guilt/innocence, jurors apply the standard of proof
beyond a reasonable doubt
Prosecutor's do not have ____________
Prosecutor's do not have to abide by this standard when charging defendants
According to the legality principle, ____________
According to the legality principle, the law must predate the crime as there is no crime
without law, and no punishment without law.
Additionally, the lenity doctrine states _____________
Additionally, the lenity doctrine states that in common law, when the court is construing
an ambiguous statute, it must be construed in favor of the accused.
The legality principle also states ________________
The legality principle also states that criminal statutes must be able to be understood by
ordinary people as vague statutes are unconstitutional.
Crim Introductory Paragraph
To analyze criminal liability, we must first establish the core principles of criminality.
Crime is what the legislature says it is, while criminal liability is equal to actus reus plus
mens rea minus any affirmative defenses. When determining a defendant's
guilt/innocence, jurors apply the standard of proof beyond a reasonable doubt.
Prosecutors do not have to abide by this standard when charging defendants.
According to the legality principle, the law must predate the crime as there is no crime if
there is no law. The legality principle also states that criminal statutes must be able to
be understood by ordinary people as vague statutes are unconstitutional. Additionally,
the legality doctrine states that, when the court is construing an ambiguous statute, it
must be construed in favor of the accused. Then add the issue.
Common law is how __________
certain states interpret those statutes
The Model Penal Code is meant to be _________
read together
Prosecution must prove __________, defendants has the burden of
_____________
Prosecutor must prove each element of the crime was satisfied beyond a reasonable
doubt, Defendant has the burden of producing evidence related to an affirmative
defense he or she wishes to raise
What is a de facto limit?
limit that exist in law even though it isn't officially recognized
,What is the definition for Jury acquittal?
A jury can acquit an individual, even if the prosecutor proves beyond a reasonable
doubt that the accused committed the offense charge
What is the definition for double jeopardy?
Double jeopardy bars the government from re-prosecuting a defendant after a jury
acquittal
What can point to legislative intent?
The words of the statute (plain meaning) and legislative history may point to the
legislative intent
What is rule and elements for actus reus?
Actus Reus, or the guilty act, requires (1) conduct, (2) attendant circumstances, when
applicable (3) and when relevant, a forbidden result.
A crime is a conduct crime if ___________
it doesn't have a forbidden result
A crime is a result crime if it __________
contains a forbidden result
Conduct is ____________
voluntary act or omission
All acts are voluntary unless they are _____________
involuntary, as set by MPC 2.01 (2)
What are the four circumstances for an act to be deemed involuntary?
1. Reflex or convulsion 2. a bodily movement during unconsciousness or sleep 3.
conduct during hypnosis 4. A bodily movement that is otherwise not a product of the
effort or determination of the actor, either conscious or habitual
Is a reaction from PTSD voluntary?
no, its a reflex or convulsion
Is sleepwalking voluntary?
no, its a bodily movement during unconsiousness or sleep
Is theft under hypnotic suggestion voluntary?
no, its conduct under hypnosis
What is the rule for if possession is voluntary?
Possession is only seen as voluntary when a person is aware that he is in possession of
something illegal, doesn't terminate his possession within a sufficient period, or it was
planted on them.
Crime only involves __________ voluntary act
some
HYPO: Eddie knows that he gets seizures all the time. He chooses to drive
without taking his medicine anyway. While driving, he has a seizure, loses control
of the car, and runs Annie over in the parking lot. Was this voluntary?
Yes, because the driving of the car was voluntary, and he can still be held liable for her
death.
HYPO: When you voluntarily get drunk to the point of no recollection, and do
something criminal while you are blackout, is that voluntary?
Yes, you voluntarily got drunk
What is an omission?
failure to act when one has a legal duty
, What can an omission be created by under the common law?
statute, relationship status, contract, public officer/public safety, voluntary assumption of
care, creation of risk of harm
What can an omission be created by under the MPC?
1. created by statute 2. common law legal duties
What is the rule for attendant circumstances?
attendant circumstances are conditions that must be present in conjunction with the
prohibited conduct and/or result
What is mens rea?
Mens rea is the culpable mindset
Why do we need Mens Rea for crime?
The requirement of Mens Rea in criminal liability is a fundamental right which is
protected by the due process clause. An act alone does not make the actor guilty unless
they have the culpable mindset.
What do we do in common law if no mental state is set out in the statute?
Under common law, if no mental state is set out in the statute, prosecution must apply
general intent.
How do we prove general intent under common law?
It is sufficient that the defendant committed the proscribed acts in a manner that
demonstrated his bad character, malevolence, or immortality
General intent crimes under common law have a requisite mens rea of:
General intent crimes under common law have a requisite mens rea of intent,
knowledge, recklessness, and negligence (any culpable mindset)
Under common law, when do we use specific intent
If the mental state is set out in the statute, the prosecution must apply the specific intent
For a result crime under common law, what does intent or intentionally entail?
purposely or knowingly
Under common law, what does malicious/malicously entail?
intentionally (purposefully or knowingly) or recklessly
Under common law, what does willfully entail?
intentionally or purposely to violate the law
What is the rule for transferred intent (common law)?
The actor's state of mind transfers to an unintended victim
Does mens rea apply to every element of the statute (specific intent common
law)?
Yes
Address the mens rea under specific intent common law: knowingly kills bald
eagle
knowingly kills, knowingly a bald eagle
What is willfull blindness under the common law?
when one has reason to suspect but refuses to investigate, so as to know. Willful
blindness is not a defense and can be equivalent to knowledge for attendant
circumstances.
Under MPC, mens rea applies for _____________
all elements of the statute
Under MPC, when no mens rea is stated, what levels of cuplability will suffice:
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