Criminal Law Quiz & Flashcards

Concurrence is necessary for the intent and act to coincide in a crime; mens rea and actus reus are separate elements.

The legality principle ensures no one is punished without a pre-existing law; it does not relate to law enforcement or punishment types.

Failing to pay taxes is a crime of omission, where one fails to act as required by law.

Strict liability does not require proof of negligence, unlike negligence and intentional tort.

Criminal law focuses on punishing and deterring crime, whereas civil law resolves disputes and compensates victims.

Embezzlement is taking property by someone entrusted with it; robbery and burglary involve different acts.

Involuntary intoxication can be a valid defense; voluntary intoxication usually is not.

Self-defense can completely exonerate a defendant if the force was reasonable and necessary.

Actus reus refers to the physical act of a crime; mens rea refers to intent.

A preliminary hearing determines if there's enough evidence for a trial, not guilt or sentencing.

Robbery involves taking property with force or threat, whereas theft does not require force.

The exclusionary rule bars illegally obtained evidence, unlike double jeopardy or habeas corpus.

Premeditation distinguishes murder from voluntary manslaughter, which lacks premeditation.

An alibi shows the defendant was elsewhere during the crime, different from other defenses.

The Fifth Amendment protects against self-incrimination, unlike the First, Fourth, or Sixth.

Duress involves being forced to commit a crime under threat, unlike self-defense or necessity.

An indictment formally charges a person and initiates a trial, not a verdict or dismissal.

Automatism refers to involuntary actions like sleepwalking; insanity involves mental illness.

Probable cause is a reasonable belief of criminal activity, not a confession or judge's order.

Embezzlement is a non-violent, financially motivated crime typical of white-collar offenses.

A warrant authorizes an arrest or search, not conviction, immunity, or bail negotiation.

Nolo contendere means no contest, which is different from guilty, not guilty, or insanity pleas.

Ex post facto laws retroactively change the legal status of actions, unlike other laws.

Self-defense is valid if the force used is reasonable, not excessive or when retreat is possible.

A conspiracy requires an agreement between two or more people, not a completed crime.

Inchoate offenses involve attempts or preparation, not completion or negligence.

A bench trial is conducted by a judge without a jury, unlike a jury trial.

Criminal law deals with crimes and punishment, while civil law handles disputes.

Insanity may negate intent due to mental disorder, unlike other defenses.

Miranda rights inform suspects of specific rights, not immunity or sentencing.

Larceny involves taking property without consent, unlike embezzlement or burglary.

A grand jury issues indictments, not verdicts or sentences.

Statutory rape is based on the victim's age, not consent or force.

Beyond a reasonable doubt requires a high certainty, unlike preponderance of evidence.

Parole supervises a convict after prison, not completing sentences or bargaining.

General intent involves foreseeing consequences, unlike specific or transferred intent.

Vicarious liability involves being liable for another's actions, not direct or faultless liability.

Felonies are serious crimes often punishable by death or long imprisonment.

Entrapment involves law enforcement inducing a crime, not willingness or necessity.

A not guilty verdict acquits the accused, not dismissing or retrying the case.

Negligence involves failing to take reasonable care, differing from intentional harm.

Double jeopardy prevents being tried twice for the same offense, not unfair sentencing.

Probation is a supervised alternative to incarceration, not a form of jail or plea bargaining.

Burglary involves unlawful entry with intent to commit a crime, unlike robbery or arson.

A defense attorney represents the accused, not prosecuting or issuing warrants.

First-degree murder involves premeditation, unlike accidental or reckless acts.

Necessity claims no legal option was available, unlike intoxication or insanity defenses.