Library/Homeland Security, Law Enforcement, and Firefighting/Introduction to the American Criminal Justice System/3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses

3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses

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Questions

Question 1

According to the section on Substantive Law, what does this area of law primarily include?

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Question 2

What is the term for the criminal act element that the government must always prove, with the exception of strict liability crimes?

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Question 3

What is the defining characteristic of an inchoate offense?

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Question 4

Under the common law, how many distinct parties to a crime were recognized?

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Question 5

What is the key difference between a justification defense and an excuse defense?

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Question 6

What type of defense is a defendant raising when they argue that the government failed to prove all the elements of the crime?

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Question 7

Which of the following is an example of a procedural defense?

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Question 8

What is the result of a successful imperfect defense?

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Question 9

In the context of inchoate offenses, what distinguishes an 'attempt' from 'mere preparation'?

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Question 10

What is the modern statutory trend regarding accomplice liability?

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Question 11

What is the defining feature of a vicarious liability statute?

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Question 12

The element of a crime that requires the criminal intent to trigger the criminal act is known as what?

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Question 13

What type of crime does not require the government to prove criminal intent?

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Question 14

Which inchoate offense involves a person asking another to commit a crime on their behalf?

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Question 15

What is the primary characteristic of an affirmative defense?

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Question 16

According to the modern trend, how are accessories after the fact typically punished compared to the main perpetrators?

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Question 17

What is the primary reason justification defenses allow criminal acts to go unpunished?

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Question 18

A defendant claiming the government took too long to bring their case to trial would be raising which type of defense?

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Question 19

What are 'attendant circumstances' in the context of the elements of a crime?

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Question 20

A defense claiming that the government enticed the defendant into committing the crime is known as what?

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Question 21

What is the key element required for the inchoate crime of conspiracy?

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Question 22

Which of the following would be classified as an excuse defense?

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Question 23

What is the 'burden of proof' in the context of criminal defenses?

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Question 24

Under what circumstances do courts generally invalidate vicarious liability statutes?

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Question 25

What does the term 'Defense' encompass as a general term in criminal law?

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Question 26

What is required for the actus reus element when it is an 'omission to act'?

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Question 27

What are the two components of the burden of proof that can switch to the defendant when they raise an affirmative defense?

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Question 28

What type of defense is a claim that the government did not charge the defendant within the required statutory period?

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Question 29

What is the primary function of the 'general part' of a criminal code?

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Question 30

To prove a 'crime of causation,' what must the government demonstrate in addition to the other elements?

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Question 31

What are the two types of causation that the government must prove in a crime of causation?

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Question 32

Which statement best describes the legality element of a crime?

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Question 33

What is the key difference between a negative defense and an affirmative defense regarding evidence?

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Question 34

An individual who renders assistance to a criminal before and during the crime is known as what under the modern statutory trend?

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Question 35

What factor makes courts more likely to find that a crime is a strict liability offense?

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Question 36

The common law treatment of most crimes as capital offenses led to the development of complicated legal rules for which area of law?

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Question 37

If a defendant is successful in raising a perfect defense, what should the jury's verdict be?

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Question 38

What is the core argument a defendant makes when raising a justification defense?

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Question 39

An overt act in furtherance of a crime is a required element in some jurisdictions for which inchoate offense?

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Question 40

If a jury finds that a defendant is not guilty because the state failed to prove they intentionally took property, this is a result of what kind of defense?

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Question 41

How does the text define 'actus reus'?

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Question 42

Which of the following defenses challenges the state's ability to bring a case rather than the facts of the crime?

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Question 43

The modern term for a person who helps an offender escape responsibility after a crime has been committed is what?

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Question 44

What is the key principle behind vicarious liability that makes it controversial?

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Question 45

What does an 'overt act' in a conspiracy serve to reaffirm?

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Question 46

Which of the following is NOT listed as an excuse defense in the text?

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Question 47

What is the essential saying that an excuse defense makes, according to the text?

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Question 48

Even if a defendant is unsuccessful in raising an affirmative defense, what might still lead to a 'not guilty' verdict?

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Question 49

What type of crimes require the government to prove that a defendant possessed an item they should not have possessed?

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Question 50

What is the defining characteristic of an accomplice, as treated under the modern statutory trend?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary