Questão 1
Questão
A crime is a social wrong or social evil that punishable under the law.
Questão 2
Questão
Why was the Model Penal Code adopted in whole or in part by many states?
Responda
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to create consistent criminal laws
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to create a system of criminal laws specific to one political party
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because states do not write their own laws and seek outside sources to write them
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because they want a strict criminal law system
Questão 3
Questão
What are some things that a paralegal working for a criminal lawyer might do during the course of a regular work day? (Check all that apply)
Responda
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research the case law and the statutes applicable to the case
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interview witnesses to determine the facts of the case
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reviews the paperwork for potential flaws in the pleadings or flaws in the laws relied upon in the pleadings
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take the deposition of the client
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draft and file motions on behalf of client
Questão 4
Questão
A defendant is always guilty until proven innocent.
Questão 5
Questão
What are some of the underlying reasons for criminal punishment--check all that apply.
Responda
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anger
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deterrence
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rehabilitation
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education
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incapacitation
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retribution
Questão 6
Questão
What are the two basic elements of a crime?
Questão 7
Questão
Under the Model Penal Code, four states of mind fulfill the mens rea requirement: purposeful, knowing, reckless, and competent.
Questão 8
Questão
The mental element of a crime is called "mens rea," or the guilty mind.
Questão 9
Questão
An example of a purposeful act is when a defendant shot a gun at the victim, in self-defense.
Questão 10
Questão
What is a "knowing act"?
Responda
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The act is done by someone who knows the victim.
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occurs when the defendant acts with the knowledge that the result is almost certain to occur.
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the defendant did not know or understand the result of the act
Questão 11
Questão
A reckless act is one in which a person is careless or indifferent to the consequences of the action.
Questão 12
Questão
An example of a negligent act is when the defendant’s 1,000-acre ranch was clearly posted with “No Trespassing” signs; no one should have been on the ranch on the Fourth of July. The defendant fired his gun into the air and the bullet struck and injured a trespasser.
Questão 13
Questão
Actus reus is another way of referring to the guilty act or the physical aspect of the crime.
Questão 14
Questão
The action involved in the actus reus must be a voluntary act.
Questão 15
Questão
All crimes require both a mental and a physical act.
Questão 16
Questão
What does concurrence mean in the context of criminal law?
Responda
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The facts of the case support the defendant's argument.
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The underlying legal theory supports the prosecutor's position.
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The joining of the physical and mental elements of the crime.
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The defendant's attorney and the judge agree.
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The judge and jury agree.
Questão 17
Questão
What are some examples of crimes against people? (Check all that apply)
Responda
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burglary
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rape
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murder
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hate crime
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battery
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assault
Questão 18
Questão
Crimes against property include burglary, embezzlement, and receiving stolen goods.
Questão 19
Questão
Hate crimes, vagrancy, rape and disorderly conduct are all examples of crimes against the public.
Questão 20
Questão
Felonies are not as serious as misdemeanors,
Questão 21
Questão
All homicides are crimes.
Questão 22
Questão
First-degree murder is a homicide that is premeditated, willful, and deliberate.
Questão 23
Questão
Second degree murder is the same as manslaughter.
Questão 24
Questão
What is the difference between an assault and a battery?
Responda
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The victim suffers a physical injury with an assault, but there is only a threat of injury in a battery.
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No physical injury occurs in an assault.
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There has to be intent to harm in an assault, but not a battery.
Questão 25
Questão
All kidnappings involve a false imprisonment.
Questão 26
Questão
There are three elements necessary ti prove burglary.
Questão 27
Questão
What are some possible things the defendant can do at trial? (check all that apply)
Responda
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The defendant may plead not guilty.
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The defendant may argue with the judge,
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The defendant may offer a defense.
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The defendant may plead with his/her attorney.
Questão 28
Questão
When it comes to crimes, adults and juveniles are treated the same in the eyes of the law.
Questão 29
Questão
Can a juvenile receive the death penalty for a crime committed?
Questão 30
Questão
There is no uniformity among the states in how the juvenile court system works.