COB 318 MCCARTHY EXAM 2 VERIFIED STUDY GUIDE
burden of proof - Answers - prove guilt beyond reasonable doubt-99%- OJ simpson
actus reas - Answers - guiltu act-almos all crimes, to kill with malice or forethrough is
not a crime
mens rea - Answers - guilty mind, criminal intent
criminal recklessness - Answers - consience disregard of a subtabtial and unjustifiable
risk must cause harm
Criminal Negligence - Answers - take substantial +unjustified and foreeeable risk act
causes harm-involuntary manslaughter
strict liability - Answers - statute removes mens rea reqs
Felony v. Misdemeanor - Answers - felony= 365+ days misdeameanor= 365- days
violent crimes - Answers - violence + threat of violence to being
property crimes - Answers - unauthorized take or use of property:
-forgery, larsony(wrongful taking), theft by fraud-lying to obtain something of value
----theft by fraud case: wisconsin vs steffes
public order crime - Answers - public morals(drunkness, prostituion, gambling, drug
use)
white collar crime - Answers - mail/wire fraud, bribery, kickbacks, money laundering,
embezzlement(People v Sisuphone)-wronful taking of employer/clients money
corporate crimes - Answers - life + liberty + property; General Motors infinition switch
case-recall not done-124 people involved-too big so they charged whole corp(dpa/npa)-
900$ mil in fines
Racketeer Influenced and Corrupt Organizations Act (RICO) - Answers - -any person,
participates in criminal enterprise, commits 2 or more illegal acts over a 10 yr period,10
year period and disgorse all profits
failure to meet burden of proof - Answers - government failts to prove that you
committed the crime beyond reasonable doubt
self defense - Answers - protect yourself, house or property
-duty or retreat: you feel threat and must retreat
, -castle doctrine: feel threat in home, yard, workplace, you can defend with equal force
-stand your ground: Virginia; if threat of great bodily harm or death, defend yourself with
equal force
insanity - Answers - cognitive incapacity negates mens rea removes criminal intent
elemtnt of accused crime
marten test - Answers - at time of act, person ddint know that act was wrong
Irresistable Impulse test - Answers - time of act, person knew behavior was wrong but
could not stop themselves
substantial capacity test - Answers - at time of act, person lacked capacity to
apprreciate behavior was wrong or to conform their behavior to the law
necessity - Answers - time of act, it was necessary for person to behave in way to
avoid greater harm
duress - Answers - bank being robbed; clerk has gun towards head and giving money;
cannot be used as defense to murder
statue of limitaitons - Answers - after some time pass: govt can not charge person with
a crime for engagine in otherwise illegal act
va-misdeameanors= 1 year, tax crimes = 3 years, violent crimes(no statute of limits)
mistake of fact - Answers - person made mistake of fact thtat negates mens rea and
removes criminal intent element
-accidentally shot father in law bc he thought he was intruder
-not defense for crime(drug laws in different states)
entrapment - Answers - law enforcement suggestst that person commit crime and then
induces person to commit crim
-postal service investigation paradigm
fifth amendment - Answers - protection against double jeopardy, self-incrimination, and
punishment without due process of law.
Sixth Amendment - Answers - includes the right to counsel, the right to confront
witnesses, and the right to a speedy and public trial.
Eight Amendment - Answers - forbids excessive bail and cruel or unusual punishment
-death penalty is not cruel
Miranda Rights - Answers - in Miranda v. Arizona.-right to be let known of due process
rights( 5,6,8 amendments)
burden of proof - Answers - prove guilt beyond reasonable doubt-99%- OJ simpson
actus reas - Answers - guiltu act-almos all crimes, to kill with malice or forethrough is
not a crime
mens rea - Answers - guilty mind, criminal intent
criminal recklessness - Answers - consience disregard of a subtabtial and unjustifiable
risk must cause harm
Criminal Negligence - Answers - take substantial +unjustified and foreeeable risk act
causes harm-involuntary manslaughter
strict liability - Answers - statute removes mens rea reqs
Felony v. Misdemeanor - Answers - felony= 365+ days misdeameanor= 365- days
violent crimes - Answers - violence + threat of violence to being
property crimes - Answers - unauthorized take or use of property:
-forgery, larsony(wrongful taking), theft by fraud-lying to obtain something of value
----theft by fraud case: wisconsin vs steffes
public order crime - Answers - public morals(drunkness, prostituion, gambling, drug
use)
white collar crime - Answers - mail/wire fraud, bribery, kickbacks, money laundering,
embezzlement(People v Sisuphone)-wronful taking of employer/clients money
corporate crimes - Answers - life + liberty + property; General Motors infinition switch
case-recall not done-124 people involved-too big so they charged whole corp(dpa/npa)-
900$ mil in fines
Racketeer Influenced and Corrupt Organizations Act (RICO) - Answers - -any person,
participates in criminal enterprise, commits 2 or more illegal acts over a 10 yr period,10
year period and disgorse all profits
failure to meet burden of proof - Answers - government failts to prove that you
committed the crime beyond reasonable doubt
self defense - Answers - protect yourself, house or property
-duty or retreat: you feel threat and must retreat
, -castle doctrine: feel threat in home, yard, workplace, you can defend with equal force
-stand your ground: Virginia; if threat of great bodily harm or death, defend yourself with
equal force
insanity - Answers - cognitive incapacity negates mens rea removes criminal intent
elemtnt of accused crime
marten test - Answers - at time of act, person ddint know that act was wrong
Irresistable Impulse test - Answers - time of act, person knew behavior was wrong but
could not stop themselves
substantial capacity test - Answers - at time of act, person lacked capacity to
apprreciate behavior was wrong or to conform their behavior to the law
necessity - Answers - time of act, it was necessary for person to behave in way to
avoid greater harm
duress - Answers - bank being robbed; clerk has gun towards head and giving money;
cannot be used as defense to murder
statue of limitaitons - Answers - after some time pass: govt can not charge person with
a crime for engagine in otherwise illegal act
va-misdeameanors= 1 year, tax crimes = 3 years, violent crimes(no statute of limits)
mistake of fact - Answers - person made mistake of fact thtat negates mens rea and
removes criminal intent element
-accidentally shot father in law bc he thought he was intruder
-not defense for crime(drug laws in different states)
entrapment - Answers - law enforcement suggestst that person commit crime and then
induces person to commit crim
-postal service investigation paradigm
fifth amendment - Answers - protection against double jeopardy, self-incrimination, and
punishment without due process of law.
Sixth Amendment - Answers - includes the right to counsel, the right to confront
witnesses, and the right to a speedy and public trial.
Eight Amendment - Answers - forbids excessive bail and cruel or unusual punishment
-death penalty is not cruel
Miranda Rights - Answers - in Miranda v. Arizona.-right to be let known of due process
rights( 5,6,8 amendments)
