Final CRJU

What did the 13th Amendment do?

Abolished slavery.

What did the 14th Amendment do?

Prohibited the denial of due process and applied fundamental rights to the states.

Do constitutional protections apply to private actors like security guards?

No, only to state and federal agents.

What did Brown v. Board of Education establish?

Overturned “separate but equal” from Plessy v. Ferguson.

What’s the difference between felonies and misdemeanors?

Based on money involved, injury severity, weapon used, and age of victim.

What is an ex post facto law?

A law that criminalizes an act that was legal when committed.

What are the five elements of criminal liability?

Actus reus, mens rea, concurrence, attendant circumstances, and bad result.

What’s the difference between actual and constructive possession?

Actual = physical control; Constructive = access/control without physical possession.

What is the only direct evidence of mental state?

Confessions.

What is strict liability?

Crimes without the need to prove intent (e.g., statutory rape, speeding).

What are inchoate crimes?

Crimes that go beyond thought but aren’t completed (e.g., attempt, conspiracy, solicitation).

What are the two types of conspiracy?

Wheel and chain.

What test asks whether the defendant’s actions were close enough to count as a crime?

Proximity test.

What does the unequivocality test ask?

If you stopped the “film,” would it be clear a crime was being committed?

What’s the difference between legal and factual impossibility?

Legal = act isn’t a crime; Factual = crime failed due to unknown facts.

What is abandonment?

Voluntarily and completely backing out of committing a crime.

What is entrapment?

When a gov’t agent causes someone not predisposed to commit a crime to do so.

What are the elements of self-defense?

Unprovoked attack, imminent/present danger, and reasonable force.

What is the castle doctrine?

No duty to retreat when in your own home.

What makes consent a valid defense?

Must be voluntary, knowing, and authorized.

What is the Substantial Capacity Test for insanity?

Lacking substantial (not total) mental capacity to understand wrongfulness or conform behavior.

What’s the difference between 1st-degree murder and felony murder?

1st-degree requires premeditation; felony murder happens during a felony.

What reduces murder to manslaughter?

Adequate provocation and no cooling-off period.

What makes rape prosecutable without actual force?

Threat of force is sufficient.

What do rape shield laws do?

Limit evidence of a victim’s past sexual conduct.

What makes kidnapping a specific intent crime?

Intent to confine or hold the victim.

What is the difference between theft, robbery, and burglary?

Theft = taking property; Robbery = theft + force; Burglary = breaking/entering with intent to commit crime.

What does “fruit of the poisonous tree” mean?

Evidence obtained illegally is inadmissible.

What is the knock-and-announce rule?

Police must knock and announce before entering a home.

What is the rule for searches incident to lawful arrest?

Limited to suspect’s immediate reach (“wingspan”).

When is Miranda required?

During custody and interrogation.

What are the burdens of proof (in order)?

Reasonable suspicion < Probable cause < Beyond a reasonable doubt.

What is the rule for searches incident to lawful arrest?

Limited to suspect’s immediate reach (“wingspan”).

When is Miranda required?

During custody and interrogation.

What are the burdens of proof (in order)?

Reasonable suspicion < Probable cause < Beyond a reasonable doubt.

What is double jeopardy?

You can’t be tried twice for the same charges in the same court.

What is the difference between insanity and competency?

Insanity = at time of crime; Competency = at time of trial.

What are the goals of bail?

Ensure court appearance and protect the community.

What are the types of bail?

Cash, secured, unsecured, and ROR (release on recognizance).

What is considered effective assistance of counsel?

Reasonableness under prevailing professional norms.

Can a defendant waive their right to an attorney?

Yes, the court cannot force one on them.

What are the four purposes of sentencing?

Deterrence, incapacitation, retribution, and rehabilitation.

What is a bifurcated trial?

A two-phase trial: guilt phase and penalty phase.

Who cannot receive the death penalty?

Juveniles (under 18) and the mentally ill.

What is probation?

Supervised release in the community with conditions like drug testing or restitution.

What are status offenses in juvenile court?

Acts like skipping school or running away — not crimes for adults.

Why are juveniles treated differently in court?

They lack full responsibility and mens rea.

What’s different about juvenile trials?

No juries, closed hearings, and outcomes are adjudications, not convictions.

What are the 3 roles of Homeland Security?

Prevent terrorism, respond to attacks, and provide technical support.