Crimes Against Persons (MCOLES Objectives) Questions and Answers 2023/2024

*Felony* - Correct Answer An offense punishable by death or imprisonment in a *state prison* for *more* than one year. *Misdemeanor* - Correct Answer An offense (*not a felony*) punishable by imprisonment or a fine. *Elements of an offense* - Correct Answer The specific criteria that must be proved in order for a person to be charged with a particular crime. *Mens rea* - Correct Answer Latin for "guilty mind." Intent to commit the crime must exist for the crime to have occurred. The only exception is strict liability crimes. *Actus reus* - Correct Answer Latin for "guilty act." An overt act must have been committed towards the perpetration of the crime. Planning or scheming (unless part of a conspiracy) is not a crime. How *intent* can be proven - Correct Answer What the defendent said or did, how they did it, or any other facts or circumstances in evidence. *Lesser included offense* - Correct Answer An offense that consists of elements that are fully contained within the necessary elements of a greater offense. *Principle* - Correct Answer The person directly responsible for a crime. *Inchoate (incomplete) offenses* - Correct Answer *1.* Attempt *2.* Conspiracy *3.* Solicitation *Attempted crime (750.92)* - Correct Answer If a person tries to commit a crime and does any act towards the commission of that crime, but fails or is prevented from completing it: Penalty is based on the crime attempted *Conspiracy to commit offense or legal act in illegal manner (750.157a)* - Correct Answer If a person plans together with 1 or more persons to commit a crime: Penalty based on the planned crime