NC BLET- Elements Questions and Answers

Crimes are divided into: - Answer- 1) specific intent 2)general intent Mens rea - Answer- guilty mind State-of-mind - Answer- Knowingly, Willfully, Wantonly, Maliciously, Criminal Negligence, Strict Liability Willfully - Answer- without legal excuse or justification Wantonly - Answer- conscious/intentional disregard of and indifference to rights/safety of others Maliciously - Answer- done with hatred/spite, inherently dangerous to human life, intentionally & without justification guy who caught cheating wife, threw cup of bleach in other guys face Statute of Limitations for Misdemeanor - Answer- 2 years Statute of Limitations for Felony - Answer- NONE Bars and Defenses - Answer- self defense insanity, entrapment diminished capacity, accident, mistake Principals - Answer- persons committing the entire crime, acting indirectly or acting in concert Aiding and abetting - Answer- 1- committed by another person 2- knowingly advises/instigates/encourages/helps other persons commit AND 3- actions/statements caused contribution to commission of the crime Accessory before the fact to a felony - Answer- 1- counsel/procures/commands/knowingly aids person to commit felony 2- felony committed by the other person 3- not present when happened 4- actions or statements caused/contributed to commission of crime by other person Chapter 7A - Answer- court structure Chapter 7B - Answer- juvenile court Chapter 14 - Answer- criminal offenses (blue book bible) Chapter 15 and 15A - Answer- criminal procedure Chapter 18B - Answer- alcoholic beverage offenses Chapter 20 - Answer- motor vehicle offenses Chapter 50B - Answer- domestic violence offenses Chapter 90 - Answer- drug offenses Each Chapter divided into - Answer- Articles and Sections Example of Shorthand: 30 N.C.App. 56 - Answer- refers to NC Court of Appeals, volume 30, page 56 Ordinance - Answer- Local (cities/counties) laws to protect safety, health, or welfare of citizens Where you find an oridinance - Answer- clerk's office, respectively county or city When you're uncertain as to whether a dispute is civil or criminal, you should - Answer- consult with a more experienced officer, supervisor, or police attorney for guidance Domestic - Answer- disagreements between spouses, parents, and children; typically civil, can turn into criminal matter Resist, Delay, Obstruct an Officer - Answer- 1- Willfully and Unlawfully 2-resists OR delays OR obstructs 3- a public officer 4- knowing or having reasonable grounds to believe that the victim is a public officer AND 5- while the officer is discharging or attempting to discharge a duty of his or her office Larceny - Answer- 1- takes personal property in the possession of another AND 2- carries it away 3- without the consent of the possessor AND 4- with the intent to deprive the possessor of its use permanently 5- knowing he or she was not entitled to it First Degree Trespass - Answer- 1- without authorization 2- a: enters OR b: remains 3- a: on premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders OR b: in a building of another Second Degree Trespass - Answer- 1- without authorization 2- a: enters OR b: remains 3- on the premises of another 4- a: after having been notified not to enter or remain there by the owner, a person in charge of the premises, a lawful occupant, or another authorized person OR b: that are posted in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises Domestic Criminal Trespass - Answer- 1- a: after having been forbidden to enter OR b: after having been ordered to leave 2- by a lawful occupant 3- a: enters OR b: refuses to leave 4- the premises occupied by a: the charged person's present or former spouse OR b: another person with whom the charged person has lived as if married 5-at a time when the charged person and the present or former spouse or person with the charged person has lived as if married are living apart Simple Assault - Answer- 1- commits an assault 2- on another Simple Affray - Answer- 1- engages in a fight with at least one person 2- in a public place 3- to the terror of the public Aggravated Misdemeanor Affray - Answer- 1- engages in a fight with at least one person 2- in a public place 3- to the terror of the public AND 4- a: inflicts serious injury