LAW 3220 exam 2 ch 5-8 questions and verified rationalized answers

LAW 3220 EXAM 2 CH. 5-8 QUESTIONS k k k k k k




AND VERIFIED RATIONALIZED
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ANSWERS 100% PASS GUARANTEE
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crime - Correct answer.-Positive or negative action that violates a penal law
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-Not civil law
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-Acts against a state, local, or federal government
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-Congress and state legislatures decide the criminality of actions - by statute - including punishment
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felony is more serious than... - Correct answer.misdemeanor
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Crime Categories - Correct answer.-Classifications (Class A, Class B) and degrees (First degree, Second
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degree) denote seriousness of criminal charge.
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-Victimless crimes - i.e., possession of illegal drugs
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-White collar crimes - embezzlement, bribery, fraud
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-Non-violent victim crimes - vehicle theft, burglaries
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-Violent crimes - murder, manslaughter, forcible rape, aggravated assault
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Not all claims of criminal activity are... - Correct answer.investigated
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Standard for criminal conviction: - Correct answer."Beyond a reasonable doubt."
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Corporations cannot be sent to prison: - Correct answer.May pay fines or be subject to various controls
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if culpability is assigned. May be barred from public contracts.
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Criminal Negligence - Correct answer.-a degree of carelessness amounting to a culpable disregard of
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rights and safety of others
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,-Example: Drunk driver drives wrong way down highway and kills a person
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Requirements for prosecution: - Correct answer.Actus reus - the guilty act
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Mens rea - criminal intent
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Elonis v. US - Correct answer.- Convicted of true threat under federal statue
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- Appeals Case k




- Rapped his threats online k k k




- Threatened FBI Agent and Ex Wife k k k k k




- Rap is a form of artistic expression
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- Supreme Court did not address first amendment of rap music which is generally protected
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- Supreme court said have to prove that there is some intent
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-Jury convicted him. He appealed. Found not guilty.
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5th Amendment - Correct answer.-Miranda rights must be read.
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-Right to remain silent (under the 5th Amendment)
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-Statements made can be used as evidence against you in court
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-Right to be represented by counsel
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-If accused cannot afford an attorney, one will be provided by the court
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affirmative defense - Correct answer.-Even if prosecution's claims are true, other facts prevent the
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claims from constituting the crime.
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improper procedure - Correct answer.i.e. tainted evidence
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, Justifiable Action - Correct answer.i.e. self defense w/ reasonable force
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Entrapment - Correct answer.Law enforcement sets a trap to lure someone into committing a crime
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he/she had no intention of committing
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exclusionary rule - Correct answer.improperly gathered evidence may not be introduced in a criminal
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trial.
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- "fruit of the poisonous tree"
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Arraignment - Correct answer.-the action of arraigning someone in court.
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-Accused is placed under arrest based on a warrant.
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exculpatory evidence - Correct answer.Evidence indicating that a defendant did not commit the crime.
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civil law (discovery in criminal cases): - Correct answer.To reduce surprises both sides must turn over
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anything requested by other side.
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criminal law (discovery in criminal cases): - Correct answer.Parties do their own investigations. Disclose
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only subset of what is found to the other side prior to trial.
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double jeapordy clause - Correct answer.Part of the Fifth Amendment that protects individuals from
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being tried twice for the same offense.
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Mistrial - Correct answer.An unsuccessful trial, for example, because the jury can't reach a decision.
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white collar crime - Correct answer.crime committed by people of high social position in the course of
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their occupations. i.e. Martha Stewart insider training.
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Bankruptcy Fraud - Correct answer.Person or corporation hides or lies about assets in bankruptcy
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proceeding (also applies to creditors giving false information or illegal pressure to bankruptcy
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petitioners).
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