Binder GSU Exam 3 BUSA: Questions With Solutions A+
Men's rea Right Ans - Criminal intent
Malice afterthought Right Ans - Premeditation; criminal intent
Actus rea Right Ans - Voluntary act of committing a crime
Strict liability crime Right Ans - Crime with NO INTENT (no men's rea)
Felony Right Ans - - must use District Attorney
- prison for 1+ year
Misdemeanor Right Ans - - must use Silicitors office
- max of 1 yr in prison, AND
- $1000 in fines
Must you have an attorney for a misdemeanor? Right Ans - Yes
Negligence per se Right Ans - When person convicted of a crime which has
a rational relationship to a future civil action, then the connection acts as
conclusive proof of liability in civil action
Tort Right Ans - Civil crime
4 types of homicide? Right Ans - 1. Involuntary manslaughter
2. Voluntary manslaughter
3. Felony murder
4. Malice murder
Involuntary manslaughter Right Ans - Crime ( not a felony) when someone
dies
*1-10 yrs
Voluntary manslaughter Right Ans - Passion crime (no intent)
*1-20 yrs
Felony murder Right Ans - Dangerous felony when someone dies and you
didn't do the killing
, Malice murder Right Ans - -express malice: premeditation to take
someone's life
-implied malice: abandoned and depraved heart - 50 yrs
Self defense Right Ans - You or 3rd person faced imminent death of
subsequent body inturn - used deadly force
Defense of home Right Ans - If you believe person entered your home and
committed felony or offers you harm, use deadly force
DUI Right Ans - driving under the influence (you are in control of vehicle)
What amendments are discussed? Right Ans - 4th
5th
6th
8th
4th amendment Right Ans - Right of people to secure themselves against
unreasonable or unwarranted search and seizure
Terry v. Ohio Right Ans - -stop and frisk
-cops can stop you for less than arrest
Stop and frisk Right Ans - -quick pat down for weapon
-less than arrest, but if something's found arrest can be made
Reasonable suspicion Right Ans - Less than s probable cause
Warrant Right Ans - Police need probable cause for warrants, based on
facts
Exigent circumstances Right Ans - No warrant needed to search
Suppressed evidence (excluded evidence) Right Ans - Evidence jury does
not see because police exceeded authority or evidence is not lawfully present
Exclusionary rule Right Ans - Jury will exclude because of suppressed
evidence
Men's rea Right Ans - Criminal intent
Malice afterthought Right Ans - Premeditation; criminal intent
Actus rea Right Ans - Voluntary act of committing a crime
Strict liability crime Right Ans - Crime with NO INTENT (no men's rea)
Felony Right Ans - - must use District Attorney
- prison for 1+ year
Misdemeanor Right Ans - - must use Silicitors office
- max of 1 yr in prison, AND
- $1000 in fines
Must you have an attorney for a misdemeanor? Right Ans - Yes
Negligence per se Right Ans - When person convicted of a crime which has
a rational relationship to a future civil action, then the connection acts as
conclusive proof of liability in civil action
Tort Right Ans - Civil crime
4 types of homicide? Right Ans - 1. Involuntary manslaughter
2. Voluntary manslaughter
3. Felony murder
4. Malice murder
Involuntary manslaughter Right Ans - Crime ( not a felony) when someone
dies
*1-10 yrs
Voluntary manslaughter Right Ans - Passion crime (no intent)
*1-20 yrs
Felony murder Right Ans - Dangerous felony when someone dies and you
didn't do the killing
, Malice murder Right Ans - -express malice: premeditation to take
someone's life
-implied malice: abandoned and depraved heart - 50 yrs
Self defense Right Ans - You or 3rd person faced imminent death of
subsequent body inturn - used deadly force
Defense of home Right Ans - If you believe person entered your home and
committed felony or offers you harm, use deadly force
DUI Right Ans - driving under the influence (you are in control of vehicle)
What amendments are discussed? Right Ans - 4th
5th
6th
8th
4th amendment Right Ans - Right of people to secure themselves against
unreasonable or unwarranted search and seizure
Terry v. Ohio Right Ans - -stop and frisk
-cops can stop you for less than arrest
Stop and frisk Right Ans - -quick pat down for weapon
-less than arrest, but if something's found arrest can be made
Reasonable suspicion Right Ans - Less than s probable cause
Warrant Right Ans - Police need probable cause for warrants, based on
facts
Exigent circumstances Right Ans - No warrant needed to search
Suppressed evidence (excluded evidence) Right Ans - Evidence jury does
not see because police exceeded authority or evidence is not lawfully present
Exclusionary rule Right Ans - Jury will exclude because of suppressed
evidence
