FLETC Criminal Law Questions and Answers correct

FLETC Criminal Law Questions and Answers correct EPO 1: Identify and apply elements of a criminal statute what is a crime A crime is an act, or failure to act, prohibited by law and punishable by the government must be written in a criminal statute to be a crime NOT common law, can't be a crime if not written down EPO 1: Identify and apply elements of a criminal statute Common law English court system ...rights, customs and principles developed over time (like precedent) no common law in the united states EPO 1: Identify and apply elements of a criminal statute Elements of a crime To obtain conviction the government must prove each element of an offense beyond a reasonable doubt Most crimes consist of 1- a prohibited act 2- a criminal intent intent is not always necessary and Motive (desire) is NOT an intent EPO 1: Identify and apply elements of a criminal statute these help with criminal investigation, but are not elements help explain the who and why, generally not required element of proof motive (desire) opportunity concealment (may be an element, but not nec') EPO 1: Identify and apply elements of a criminal statute substantive criminal law includes 2 things Elements and penalty EPO 1: Identify and apply elements of a criminal statute when is motive an element hate crimes and terrorism EPO 2: distinguish between felonies and misdemeanors felony punishable by more than 1 year imprisonment (year plus one day) EPO 2: distinguish between felonies and misdemeanors misdemeanor one year or less imprisonment EPO 2: distinguish between felonies and misdemeanors Petty offense 6 months or less (still a misdemeanor) EPO 2: distinguish between felonies and misdemeanors Infraction not more than 5 days imprisonment (if any) EPO 3: Identify and apply the assimilative crimes act and distinguish between exclusive, concurrent, and proprietary jurisdiction what is jurisdiction Jurisdiction is the power of the government to act when a criminal offense has been committed EPO 3: Identify and apply the assimilative crimes act and distinguish between exclusive, concurrent, and proprietary jurisdiction exclusive only us government (feds) have criminal jurisdiction EPO 3: Identify and apply the assimilative crimes act and distinguish between exclusive, concurrent, and proprietary jurisdiction concurrent both the us government (feds) and the state government have the criminal jurisdiction...separate sovereigns, not double jeopardy EPO 3: Identify and apply the assimilative crimes act and distinguish between exclusive, concurrent, and proprietary jurisdiction proprietary us government (feds) have no more rights than a private property owner UNLESS government property is stolen or assaults a government employee EPO 3: Identify and apply the assimilative crimes act and distinguish between exclusive, concurrent, and proprietary jurisdiction what is the assimilative crimes act? 18 USC SS 13 allows the federal government to adopt a state criminal statute to prosecute offenders in federal court must be exclusive or concurrent jurisdiction must use the law of the state where the crime occurred if a federal covers the crime it must be used, NOT state statute EPO 4: not covered yet Not covered yet EPO 5: Identify and apply the elements of 18 USC SS 201 what is 18 USC 201 Bribery it is a crime to CORRUPTLY give, offer or promise a public official (or person who has been selected to be one) directly or indirectly anything of value with the INTENT to influence any official act by the official just an offer constitutes a crime Accepting the offer includes the official in said crime a public official cannot solicit a bribe either gratuities (tips) are included