CJ 305 Exam 1 Q&A
Due Process Clause - ANSWER-14th amendment clause stating that no state may
deprive a person of life, liberty, or property without due process of law
ex post facto law - ANSWER-a law that makes an act criminal although the act was
legal when it was committed
tort - ANSWER-private wrong committed by one party and another ex; slander=tort,
enforced by citizens, preponderencde of the evidence
crime - ANSWER-enforced by law enforcement
proven beyond reasonable doubt
Actus Reus - ANSWER-guilty act
actus reus 2 principles - ANSWER-1. deliberate and voluntary by person
2. failure to act where there is legal duty
Actus Reus: Exceptions - ANSWER-1. offender didnt preform the act but aided the
crime ( accessory before or after the fact, aider and abettor,
2. inchoate offense- attempts, but fails; go beyond mere prep to commit offense,
solicitation and conspiracy
Mens Rea - ANSWER-guilty mind
4 levels of criminal intent - ANSWER-purposeful-deliberate, knowing-aware,
reckless-cpnsious disregard, negligent-should be aware
Mens Rea Exceptions - ANSWER-1.strict liability crimes
2. transferred intent doctrine
legal defenses to criminal liability - ANSWER-1.accident or mistake
2. ignorance
3.duress
4. self defense
5. self defense
6.entrapment
7. insanity
Mala in se - ANSWER-offenses that are wrong by their very nature
mala prohibita - ANSWER-offenses prohibited by law but not wrong in themselves
Due Process Clause - ANSWER-14th amendment clause stating that no state may
deprive a person of life, liberty, or property without due process of law
ex post facto law - ANSWER-a law that makes an act criminal although the act was
legal when it was committed
tort - ANSWER-private wrong committed by one party and another ex; slander=tort,
enforced by citizens, preponderencde of the evidence
crime - ANSWER-enforced by law enforcement
proven beyond reasonable doubt
Actus Reus - ANSWER-guilty act
actus reus 2 principles - ANSWER-1. deliberate and voluntary by person
2. failure to act where there is legal duty
Actus Reus: Exceptions - ANSWER-1. offender didnt preform the act but aided the
crime ( accessory before or after the fact, aider and abettor,
2. inchoate offense- attempts, but fails; go beyond mere prep to commit offense,
solicitation and conspiracy
Mens Rea - ANSWER-guilty mind
4 levels of criminal intent - ANSWER-purposeful-deliberate, knowing-aware,
reckless-cpnsious disregard, negligent-should be aware
Mens Rea Exceptions - ANSWER-1.strict liability crimes
2. transferred intent doctrine
legal defenses to criminal liability - ANSWER-1.accident or mistake
2. ignorance
3.duress
4. self defense
5. self defense
6.entrapment
7. insanity
Mala in se - ANSWER-offenses that are wrong by their very nature
mala prohibita - ANSWER-offenses prohibited by law but not wrong in themselves
