300 MO STAT LAW EXAM STUDY GUIDE WITH COMPLETE SOLUTIONS

300 MO STAT LAW EXAM STUDY GUIDE WITH COMPLETE SOLUTIONS Explain the organization of the Missouri Criminal Code Handbook (Manual 121) and demonstrate how to locate information in it. - Answer-• There are 21 Chapters that have broad headings and under each heading there are specific statutes for every possible offense. Identify the term "crime" and explain the different classifications. - Answer-• An offense defined by this code or by any other statute of this state for which a sentence of death or imprisonment is authorized. Crimes are classified as felonies and misdemeanors. Identify the term "infraction." - Answer-• An offense defined by this code or any other statute of this state if it is so designated or if no other sentence than a fine or other civil penalty is authorized. An infraction will not be on your permanent record. Identify the term "included offense." - Answer-• An offence which can be proved by the same or fewer facts than the offense charged. Identify the application process of the Criminal Activity Forfeiture Act. - Answer-• All property used or intended for use and/or derived from and/or realized through commission or attempted commission of a crime is subject to Civil Forfeiture. Identify the Time [Statute of] Limitations for prosecutions to commence. *Felonies - Answer-when complaint is filed or indictment returned EMILLYCHARLOTTE 2024/2025 ACADEMIC YAER ©2024 EMILLYCHARLOTTE. ALL RIGHTS RESERVED FIRST PUBLISH SEPTEMBER 2024 Page 2/27 Identify the Time [Statute of] Limitations for prosecutions to commence. *Misdemeanor - Answer-when information is filed Identify the Time [Statute of] Limitations for prosecutions to commence. *Arson - Answer-5 yrs Identify the Time [Statute of] Limitations for prosecutions to commence. *Other felonies - Answer-3 yrs Identify the Time [Statute of] Limitations for prosecutions to commence. *Misdemeanors - Answer-1 yr Identify the Time [Statute of] Limitations for prosecutions to commence. *Infraction - Answer-6 months Identify the Time [Statute of] Limitations for prosecutions to commence. *Murder - Answer-No Limitations Identify the two general requirements for criminal liability. *Voluntary act - Answer-RSMo562.011. Bodily movement performed while conscious as a result of effort of determination. Identify the two general requirements for criminal liability. *Culpable Mental State - Answer-RSMo562.016 An omission (failure) to perform an act of which you are physically capable EMILLYCHARLOTTE 2024/2025 ACADEMIC YAER ©2024 EMILLYCHARLOTTE. ALL RIGHTS RESERVED FIRST PUBLISH SEPTEMBER 2024 Page 3/27 Purposely - Answer-when it is his/her conscious object (desire) to engage in that conduct or cause the result Knowingly - Answer-when he/she is aware that his /her conduct is practically certain to cause that result Recklessly - Answer-When he/she consciously disregards a substantial or unjustifiable risk that circumstances exist or a result will follow constitutes a gross deviation from the standard of care a reasonable person would exercise Criminal Negligence - Answer-When he/she consciously disregards a substantial or unjustifiable risk that circumstances exist or a result will follow and such failure constitutes a gross deviation from the standard of care a reasonable person would exercise. Identify the conditions for "Responsibility for the conduct of another." - Answer-• The defendant must have whatever mental state is required for the crime. • When, with the purpose of promoting the commission of the offense; • Aid or agrees to aid • Attempts to aid in the planning, committing, or attempt to commit the offense Define "entrapment" and give examples of how or when it can occur. - Answer-• Occurs when an office encourages/ solicits/ induces a person to engage in criminal conduct when the person was not ready and willing. Two requirements • 1. The encouragement was done by an officer. EMILLYCHARLOTTE 2024/2025 ACADEMIC YAER ©2024 EMILLYCHARLOTTE. ALL RIGHTS RESERVED FIRST PUBLISH SEPTEMBER 2024 Page 4/27 • 2. The person pressured was not predisposed to commit the crime. Identify how being in an intoxicated or drugged condition can affect ones' criminal liability. - Answer- • Ordinarily, the fact that a defendant was in an intoxicated or drugged condition will not affect criminal liability. • Voluntary intoxicated or drugged condition is not admissible to negating mental state. • The jury will be instructed that evidence of voluntary intoxication or drugged condition cannot be used to negate mental state. Identify the basic requirements for the legal use of non-deadly force in self-defense or the defense of other persons. - Answer-• 1. A person believes an attacker is or Is about to use unlawful force against another person • 2. It reasonably appears the person attacked has justification to use force, Then • 3. Person can use non-deadly force as reasonably believed necess