Question 1
Question
A crime is a social wrong or social evil that punishable under the law.
Question 2
Question
Why was the Model Penal Code adopted in whole or in part by many states?
Answer
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to create consistent criminal laws
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to create a system of criminal laws specific to one political party
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because states do not write their own laws and seek outside sources to write them
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because they want a strict criminal law system
Question 3
Question
What are some things that a paralegal working for a criminal lawyer might do during the course of a regular work day? (Check all that apply)
Answer
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research the case law and the statutes applicable to the case
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interview witnesses to determine the facts of the case
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reviews the paperwork for potential flaws in the pleadings or flaws in the laws relied upon in the pleadings
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take the deposition of the client
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draft and file motions on behalf of client
Question 4
Question
A defendant is always guilty until proven innocent.
Question 5
Question
What are some of the underlying reasons for criminal punishment--check all that apply.
Answer
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anger
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deterrence
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rehabilitation
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education
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incapacitation
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retribution
Question 6
Question
What are the two basic elements of a crime?
Question 7
Question
Under the Model Penal Code, four states of mind fulfill the mens rea requirement: purposeful, knowing, reckless, and competent.
Question 8
Question
The mental element of a crime is called "mens rea," or the guilty mind.
Question 9
Question
An example of a purposeful act is when a defendant shot a gun at the victim, in self-defense.
Question 10
Question
What is a "knowing act"?
Answer
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The act is done by someone who knows the victim.
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occurs when the defendant acts with the knowledge that the result is almost certain to occur.
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the defendant did not know or understand the result of the act
Question 11
Question
A reckless act is one in which a person is careless or indifferent to the consequences of the action.
Question 12
Question
An example of a negligent act is when the defendant’s 1,000-acre ranch was clearly posted with “No Trespassing” signs; no one should have been on the ranch on the Fourth of July. The defendant fired his gun into the air and the bullet struck and injured a trespasser.
Question 13
Question
Actus reus is another way of referring to the guilty act or the physical aspect of the crime.
Question 14
Question
The action involved in the actus reus must be a voluntary act.
Question 15
Question
All crimes require both a mental and a physical act.
Question 16
Question
What does concurrence mean in the context of criminal law?
Answer
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The facts of the case support the defendant's argument.
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The underlying legal theory supports the prosecutor's position.
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The joining of the physical and mental elements of the crime.
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The defendant's attorney and the judge agree.
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The judge and jury agree.
Question 17
Question
What are some examples of crimes against people? (Check all that apply)
Answer
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burglary
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rape
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murder
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hate crime
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battery
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assault
Question 18
Question
Crimes against property include burglary, embezzlement, and receiving stolen goods.
Question 19
Question
Hate crimes, vagrancy, rape and disorderly conduct are all examples of crimes against the public.
Question 20
Question
Felonies are not as serious as misdemeanors,
Question 21
Question
All homicides are crimes.
Question 22
Question
First-degree murder is a homicide that is premeditated, willful, and deliberate.
Question 23
Question
Second degree murder is the same as manslaughter.
Question 24
Question
What is the difference between an assault and a battery?
Answer
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The victim suffers a physical injury with an assault, but there is only a threat of injury in a battery.
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No physical injury occurs in an assault.
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There has to be intent to harm in an assault, but not a battery.
Question 25
Question
All kidnappings involve a false imprisonment.
Question 26
Question
There are three elements necessary ti prove burglary.
Question 27
Question
What are some possible things the defendant can do at trial? (check all that apply)
Answer
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The defendant may plead not guilty.
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The defendant may argue with the judge,
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The defendant may offer a defense.
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The defendant may plead with his/her attorney.
Question 28
Question
When it comes to crimes, adults and juveniles are treated the same in the eyes of the law.
Question 29
Question
Can a juvenile receive the death penalty for a crime committed?
Question 30
Question
There is no uniformity among the states in how the juvenile court system works.