3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses
50 questions available
Questions
According to the section on Substantive Law, what does this area of law primarily include?
View answer and explanationWhat is the term for the criminal act element that the government must always prove, with the exception of strict liability crimes?
View answer and explanationWhat is the defining characteristic of an inchoate offense?
View answer and explanationUnder the common law, how many distinct parties to a crime were recognized?
View answer and explanationWhat is the key difference between a justification defense and an excuse defense?
View answer and explanationWhat type of defense is a defendant raising when they argue that the government failed to prove all the elements of the crime?
View answer and explanationWhich of the following is an example of a procedural defense?
View answer and explanationWhat is the result of a successful imperfect defense?
View answer and explanationIn the context of inchoate offenses, what distinguishes an 'attempt' from 'mere preparation'?
View answer and explanationWhat is the modern statutory trend regarding accomplice liability?
View answer and explanationWhat is the defining feature of a vicarious liability statute?
View answer and explanationThe element of a crime that requires the criminal intent to trigger the criminal act is known as what?
View answer and explanationWhat type of crime does not require the government to prove criminal intent?
View answer and explanationWhich inchoate offense involves a person asking another to commit a crime on their behalf?
View answer and explanationWhat is the primary characteristic of an affirmative defense?
View answer and explanationAccording to the modern trend, how are accessories after the fact typically punished compared to the main perpetrators?
View answer and explanationWhat is the primary reason justification defenses allow criminal acts to go unpunished?
View answer and explanationA defendant claiming the government took too long to bring their case to trial would be raising which type of defense?
View answer and explanationWhat are 'attendant circumstances' in the context of the elements of a crime?
View answer and explanationA defense claiming that the government enticed the defendant into committing the crime is known as what?
View answer and explanationWhat is the key element required for the inchoate crime of conspiracy?
View answer and explanationWhich of the following would be classified as an excuse defense?
View answer and explanationWhat is the 'burden of proof' in the context of criminal defenses?
View answer and explanationUnder what circumstances do courts generally invalidate vicarious liability statutes?
View answer and explanationWhat does the term 'Defense' encompass as a general term in criminal law?
View answer and explanationWhat is required for the actus reus element when it is an 'omission to act'?
View answer and explanationWhat are the two components of the burden of proof that can switch to the defendant when they raise an affirmative defense?
View answer and explanationWhat type of defense is a claim that the government did not charge the defendant within the required statutory period?
View answer and explanationWhat is the primary function of the 'general part' of a criminal code?
View answer and explanationTo prove a 'crime of causation,' what must the government demonstrate in addition to the other elements?
View answer and explanationWhat are the two types of causation that the government must prove in a crime of causation?
View answer and explanationWhich statement best describes the legality element of a crime?
View answer and explanationWhat is the key difference between a negative defense and an affirmative defense regarding evidence?
View answer and explanationAn individual who renders assistance to a criminal before and during the crime is known as what under the modern statutory trend?
View answer and explanationWhat factor makes courts more likely to find that a crime is a strict liability offense?
View answer and explanationThe common law treatment of most crimes as capital offenses led to the development of complicated legal rules for which area of law?
View answer and explanationIf a defendant is successful in raising a perfect defense, what should the jury's verdict be?
View answer and explanationWhat is the core argument a defendant makes when raising a justification defense?
View answer and explanationAn overt act in furtherance of a crime is a required element in some jurisdictions for which inchoate offense?
View answer and explanationIf 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?
View answer and explanationHow does the text define 'actus reus'?
View answer and explanationWhich of the following defenses challenges the state's ability to bring a case rather than the facts of the crime?
View answer and explanationThe modern term for a person who helps an offender escape responsibility after a crime has been committed is what?
View answer and explanationWhat is the key principle behind vicarious liability that makes it controversial?
View answer and explanationWhat does an 'overt act' in a conspiracy serve to reaffirm?
View answer and explanationWhich of the following is NOT listed as an excuse defense in the text?
View answer and explanationWhat is the essential saying that an excuse defense makes, according to the text?
View answer and explanationEven if a defendant is unsuccessful in raising an affirmative defense, what might still lead to a 'not guilty' verdict?
View answer and explanationWhat type of crimes require the government to prove that a defendant possessed an item they should not have possessed?
View answer and explanationWhat is the defining characteristic of an accomplice, as treated under the modern statutory trend?
View answer and explanation