BLEA Criminal Law Mid Term Questions With Solutions
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BLEA
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BLEA
BLEA Criminal Law Mid Term Questions With Solutions
Strict Liability no mental state
Omission failure to act
Crime act punishable by imprisonment
Max Penalties Misdemeanor - 90 days/ $1,000
Gross Misdemeanor - 364 days/ $5,000
Class C Felony - 5 years/ $10,000
Class B Felony - 10 years/$20,0...
BLEA Criminal Law Mid Term Questions With Solutions Strict Liability no mental state Omission failure to act Crime act punishable by imprisonment Max Penalties Misdemeanor - 90 days/ $1,000 Gross Misdemeanor - 364 days/ $5,000 Class C Felony - 5 years/ $10,000 Class B Felony - 10 years/$20,000 Class A Felony - Life/ $50,000 5 Premises of Crim Law 1. act or omission 2. mens rea (mental state) 3. concurrence 4. causation 5. all laws written BLEA Criminal Law Mid Term Questions With Solutions 1. Act or Omission something that is prohibited by law or mandated by law 2. Mens Rea (Mental State) corresponding culpability 4 Mental States 1. intent - meant to 2. knowledge - known or should have known 3. recklessness - being aware of the risk, but disregard 4. negligence - should have been aware of the risk, but was not aware What is the highest level of culpability? intent What is the lowest level of culpability? negligence 3. Concurrence act/omission and mental state have to happen at the same time (ex. being mad and running over someone) 4. Causation cause that gave the state ruling entity to make it illegal (the why) BLEA Criminal Law Mid Term Questions With Solutions - why is it illegal? - how does it benefit the public? - defines discretion for law enforcement officers 5. All Laws Written - freedom to be safe is a right (constitution) - has public access so people can follow the laws on their own Affirmative Defenses Legal excuse to conduct that is normally criminal - there are 5 1. Duress 2. Insanity (McNaughton Test) 3. Self -Defense 4. Intoxication (involuntary) 5. Entrapment Who has to prove affirmative defenses? the defendant and defense counsel 1. Duress - unwillingly
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