NC BLET Elements of Criminal Law / Revised Questions and Answers / sure A+

NC BLET Elements of Criminal Law / Revised Questions and Answers / sure A+ What types of intent are there is regards to criminality? - ✔✔Specific Intent and General Intent What is Specific Intent? - ✔✔An explicit mental element of planning and preparation What is General Intent? - ✔✔Intent which is required to do any act which is defined as criminal in NC. May intent be transferred? - ✔✔Yes, intent may be transferred when a defendant intends to harm 1 person, but his act results in the same harm to another person What does *Mens Rea* mean? - ✔✔Latin for: Guilty Mind T or F: Each crime has an element of state of mind necessary to commit a specified crime. - ✔✔True T or F: Some statutes do not require a guilty mind (mens rea) or may require only criminal negligence. - ✔✔True How may states of mind are there? - ✔✔Knowingly Willfully Wantonly Maliciously Criminal Negligence Strict Liability What is Knowingly mean? - ✔✔A person is aware of conscious of what they are doing. This may be subjective knowledge, objective knowledge of willful blindness What is Subjective Knowledge? - ✔✔Where the individual knows an element that makes their actions criminal What is Objective Knowledge? - ✔✔Where an individual reasonably should have known that their actions or an element of their actions were illegal What is Willful Blindness? - ✔✔Where a person deliberately chose to remain ignorant of illegal activity What does Willfully mean? - ✔✔A wrongful act that is done without legal excuse or justification, or the commission of an act purposefully and deliberately in violation of the law What does Wantonly mean? - ✔✔Conscious and intentional disregard of or deliberate indifference to the rights and safety of others. This state of mind is essentially the same as willfully What does Maliciously mean? - ✔✔Intent to commit an unlawful act or the desire to inflict pain or injury onto another. What are the 3 recognized meanings of Maliciously? - ✔✔Done with *hatred* or *spite*, inherently dangerous to human life, done intentionally and without justification What is Criminal Negligence? - ✔✔Known as *culpable negligence* and involves *recklessness or carelessness* that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others What is Strict Liability? - ✔✔Strict liability crimes do not require a mental state such as knowingly or intentionally. No guilty mind (Mens Rea) is required for commission of the crime. What do Bars to Prosecution include? - ✔✔Double jeopardy, Lack of jurisdiction, or Statute of limitations What does a Bar to Prosecution do? - ✔✔Prevents the State from prosecuting an individual, not based on evidence or facts in the case, but is based on Constitutional and Statutory protections. What does Statute of Limitations mean? - ✔✔The time with which law enforcement or a prosecutor must initiate prosecution begins at the time of the commission of the offense What is the statute of limitations for a *Misdemeanor*? - ✔✔2 years What is the statute of limitations for a *Felony*? - ✔✔No limit What is a Defense? - ✔✔Valid justification for committing an act or crime Defenses fall into three categories, what are they? - ✔✔*Defenses that justify a person's actions* - self-defense, defense of others, necessity, public authority *Defenses showing lack of blameworhiness* - insanity, entrapment, unconsiousness *Failure of proof or negating* - accident, mistake, diminished capability (drunk, high) What are Principals in a crime? - ✔✔Persons committing the entire crime, acting indirectly, or acting in concert. Has the required state of mind and commits all the elements of the crime. What is Aiding and Abetting? - ✔✔Anyone who assists someone else in committing a crime is as guilty as the person who commits that crime. Advises, instigates, encourages, procures, or helps the other commit the crime. Actions or statements contributed to the commission of the crime What is Accessory before the fact to a Felony? - ✔✔Before the felony was *committed by another*, this person counseled, procured, commanded or knowingly aided the other person to commit the felony. This person *was not present* during the commission of the crime. This person's actions or statements contributed to the commission of the crime by another. Chapter 7B of the NC General Statutes - ✔✔Juvenile Code Chapter 14 of the NC General Statutes - ✔✔Criminal Code Chapter 15 of the NC General Statutes - ✔✔Criminal Procedure Chapter 15A of the NC General Statutes - ✔✔Criminal Procedure Act