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CJ 320 Criminal Law Midterm #1
Questions and Correct Answers/ Latest
Update / Already Graded
Tom hates Bob and wants to kill him. Tom plans Bobs killing in
advance. Tom sees Bob drowning and Tom doesn't do anything to help
save him. Is Tom charged?
Ans: Nope. Unless Tom has a legal duty to save him.
A husband watched his wife suffer from the agony of cancer and he
kills his wife. Is it murder?
Ans: it is first degree murder.
Criminal vs. Civil Law
Ans: • Criminal action and civil remedies are not mutually
exclusive (such as double jeopardy in civil you can)
• Penalties are different → civil has usually money damages,
• Goals are different → criminal tries to rehabilitate the
criminals
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What is the burden of the proof?
Ans: It is beyond a reasonable doubt
-to have to prove beyond a reasonable doubt "every fact
necessary to constitute (establish by law) the crime charged"
the person bringing the case against a defendant — always has
the burden of proof. This means that you have the
responsibility to establish what happened and have enough
evidence that the defendant is responsible for the damages that
resulted to convince the judge your story is the more believable
one.
What is a reasonable doubt?
Ans: - Beyond a reasonable doubt is the highest standard of
proof that must be met in any trial. In civil litigation, the
standard of proof is either proof by a preponderance of the
evidence or proof by clear and convincing evidence. These are
lower burdens of proof.
Beyond a reasonable doubt means the scale is totally out of
balance on your side because you've piled up a great deal of
credible evidence.
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If its the middle of the night and the weather man said it would
rain and you would make up the next morning an d everything is
wet; then reasonable doubt is that it did rain
Felony
Ans: State prison is possible; more than a year in prison but
probation can still be a felony because going against probation
is jail
Burglary is an example:
- burglary in the first degree; by imprisonment in the state
prison for 2, 4, 6 years
- can only be these years and are called upper, middle, or low
- felony because state prison is possible
Misdemeanor
Ans: Up to a year in county jail
Wobblers
Ans: Could be a felony or misdemeanor
Burglary as an example, is punishable as follows:
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1. Burglary in the first degree: by imprisonment in the state
prison for two four or 6 years
2. Burglary in the second degree: by imprisonment in county jail
not exceeding one year OR pursuant to subdivision
Infraction
Ans: Fine only
Burglary vs. Robbery
Ans: Burglary - entering with the intent to steal
Robbery - stealing with violence
Actus Rea
Ans: Bodily movement + will
- Trying to kill someone
Mens Rea
Ans: Mental state premeditated
All rights reserved © 2025/ 2026 |
CJ 320 Criminal Law Midterm #1
Questions and Correct Answers/ Latest
Update / Already Graded
Tom hates Bob and wants to kill him. Tom plans Bobs killing in
advance. Tom sees Bob drowning and Tom doesn't do anything to help
save him. Is Tom charged?
Ans: Nope. Unless Tom has a legal duty to save him.
A husband watched his wife suffer from the agony of cancer and he
kills his wife. Is it murder?
Ans: it is first degree murder.
Criminal vs. Civil Law
Ans: • Criminal action and civil remedies are not mutually
exclusive (such as double jeopardy in civil you can)
• Penalties are different → civil has usually money damages,
• Goals are different → criminal tries to rehabilitate the
criminals
All rights reserved © 2025/ 2026 |
, Page |2
What is the burden of the proof?
Ans: It is beyond a reasonable doubt
-to have to prove beyond a reasonable doubt "every fact
necessary to constitute (establish by law) the crime charged"
the person bringing the case against a defendant — always has
the burden of proof. This means that you have the
responsibility to establish what happened and have enough
evidence that the defendant is responsible for the damages that
resulted to convince the judge your story is the more believable
one.
What is a reasonable doubt?
Ans: - Beyond a reasonable doubt is the highest standard of
proof that must be met in any trial. In civil litigation, the
standard of proof is either proof by a preponderance of the
evidence or proof by clear and convincing evidence. These are
lower burdens of proof.
Beyond a reasonable doubt means the scale is totally out of
balance on your side because you've piled up a great deal of
credible evidence.
All rights reserved © 2025/ 2026 |
, Page |3
If its the middle of the night and the weather man said it would
rain and you would make up the next morning an d everything is
wet; then reasonable doubt is that it did rain
Felony
Ans: State prison is possible; more than a year in prison but
probation can still be a felony because going against probation
is jail
Burglary is an example:
- burglary in the first degree; by imprisonment in the state
prison for 2, 4, 6 years
- can only be these years and are called upper, middle, or low
- felony because state prison is possible
Misdemeanor
Ans: Up to a year in county jail
Wobblers
Ans: Could be a felony or misdemeanor
Burglary as an example, is punishable as follows:
All rights reserved © 2025/ 2026 |
, Page |4
1. Burglary in the first degree: by imprisonment in the state
prison for two four or 6 years
2. Burglary in the second degree: by imprisonment in county jail
not exceeding one year OR pursuant to subdivision
Infraction
Ans: Fine only
Burglary vs. Robbery
Ans: Burglary - entering with the intent to steal
Robbery - stealing with violence
Actus Rea
Ans: Bodily movement + will
- Trying to kill someone
Mens Rea
Ans: Mental state premeditated
All rights reserved © 2025/ 2026 |
