Criminal Law Midterm Exam

State Court System

(Arkansas)

1. Trial court = circuit court

2. Appeals court = court of appeals

3. Court of last resort = Arkansas Supreme court

State the Criminal Process in order.

(Short Answer)

1. Criminal Conduct

2. Investigation

3. Arrest

4. Charging

5. Bond

6. Plea and Arraignment

7. Discovery

8. Pretrial

9. Jury Trial

10. Sentencing

Describe "transferred intent"

A doctrine used when the intention to harm one individual inadvertently causes another person to be hurt instead.

The individual causing the harm will be seen as having "intended" the act by means of the transferred intent doctrine.

Define premeditation

The mental determination to unlawfully kill another person after planning or reflecting on actions causing death.

Define felony murder

The causing of death of another while the defendant is committing a felony of violence.

What does the crime of voluntary manslaughter require?

Proof of an intentional killing, but not premeditation or malice.

What do all states provide a lesser charge for?

Voluntary manslaughter where an intentional killing occurs in the heat of passion.

Describe "Heat of Passion Manslaughter"

Commonly charged when the actions of the victim cause the defendant to become enraged and angered to the point of losing normal self-control and, in the heat of passion, killing another person.

Explain the factors of voluntary manslaughter.

1. There must have been sufficient and adequate provocation (the defendant must have in fact been provoked)

2. A reasonable man so provoked could not have cooled off in the interval between the provocation and the blow, and the defendant must not have in fact cooled off during that interval.

When is involuntary manslaughter often charged?

When extreme negligence or wanton or reckless conduct by the Defendant brings about an unintended or accidental death.

What are the three branches of government?

Legislative, Executive, and Judicial

Who is in the legislation branch?

Senators and Representatives

Who is in the executive branch?

Police officers and the President

Who is in the judicial branch?

Judges

What are the two court systems?

1. Federal

2. State

Federal Court System

1. Trial court = District court

2. Appeals court = Circuit court

3. Court of last resort = Supreme court

How long can a felony be punished in prison?

A year or more

How long can misdemeanors be punished for?

Incarceration up to a year

What are the two primary sources for criminal laws?

1. Common law

2. Model penal code

What is "mala in se"?

Crimes that are wrong in and of themselves.

What is "mala prohibita"?

Crimes merely because the government prohibits the conduct.

Historically, what are the two elements contained in all crimes?

1. Actus Reus

2. Mens Rea

What is "actus reus"?

The physical act or omission.

What is "mens rea"?

A mental requirement known as criminal intent.

What two things must the state prove beyond any reasonable doubt?

"actus reus" and "mens rea"

Define homicide

The killing of one human being by another.

(Not a crime)

Define murder under the common law

An unlawful homicide with malice aforethought.

Case Study:

Sharon has been having issues with a stranger on the street. She has had multiple heated discussions with this person beforehand. One day, Sharon is driving down the street and sees this person. She passes them in a rage and remembers she has a firearm in her glove box for self-protection. Sharon turns around and pulls up next to the person and shoots them. The person does not die on scene and is transported to the hospital where they later die. What crime is this?

Murder

True or False

Under common law, assault and battery are not separate crimes

False, they are separate.

What are the two definitions for assault under the common law?

1. An attempt to commit a battery in which no actual battery or physical injury resulted

2. An overt act that is intended to put another person in fear of bodily harm

Define battery

The intentional, non-consensual infliction of harmful or offensive physical contact with another person.

What are the factors that make assault aggravated?

Use of a firearm or intent to commit a felony

What are the factors that make battery aggravated?

Causing serious bodily injury or using a deadly weapon in the battery

What are the five factors that make sexual relations a crime in the United States?

1. A lack of consent

2. They are with a minor incapable of legal consent

3. They are conducted with a mentally deficient person or an adult incapable of consenting

4. They are performed in public

5. They are performed for profit (prostitution)

Define rape

Vaginal, oral, or anal penetration achieved through the use of force or threat of force. It includes the penetration of the vagina or anus by penis, finger, tongue, or some other object manipulated by the rapist.

What have states enacted towards rape shield laws?

They forbid the use of evidence of rape victim's past sexual conduct with others and evidence of her reputation.

Define statutory rape

Sexual relations with a person under a statutory age, in most states 16 and 18 years of age, with or without force or lack of consent.

What does it mean when statutory rape is a strict liability crime?

Intent or knowledge of the victim's age is not an element of the offense that must be proved for conviction. Honest mistake as to the age of the minor is not permitted as a defense in virtually all states that forbid statutory rape.