MIDTERM CJ 320 BOWMAN SDSU ACTUAL
PAPER 2026 QUESTIONS SOLUTIONS GRADED
A+
◉ A husband watched his wife suffer from the agony of cancer and
he kills his wife. Is it murder? Answer: it is first degree murder.
◉ Criminal vs. Civil Law Answer: • Criminal action and civil
remedies are not mutually exclusive (such as double jeopardy in civil
you can)
• Penalties are different → civil has usually money damages,
• Goals are different → criminal tries to rehabilitate the criminals
◉ What is the burden of the proof? Answer: It is beyond a
reasonable doubt
-to have to prove beyond a reasonable doubt "every fact necessary to
constitute (establish by law) the crime charged"
,the person bringing the case against a defendant — always has the
burden of proof. This means that you have the responsibility to
establish what happened and have enough evidence that the
defendant is responsible for the damages that resulted to convince
the judge your story is the more believable one.
◉ What is a reasonable doubt? Answer: - Beyond a reasonable doubt
is the highest standard of proof that must be met in any trial. In civil
litigation, the standard of proof is either proof by a preponderance
of the evidence or proof by clear and convincing evidence. These are
lower burdens of proof.
Beyond a reasonable doubt means the scale is totally out of balance
on your side because you've piled up a great deal of credible
evidence.
If its the middle of the night and the weather man said it would rain
and you would make up the next morning and everything is wet;
then reasonable doubt is that it did rain
◉ Felony Answer: State prison is possible; more than a year in
prison but probation can still be a felony because going against
probation is jail
Burglary is an example:
,- burglary in the first degree; by imprisonment in the state prison for
2, 4, 6 years
- can only be these years and are called upper, middle, or low
- felony because state prison is possible
◉ Misdemeanor Answer: Up to a year in county jail
◉ Wobblers Answer: Could be a felony or misdemeanor
Burglary as an example, is punishable as follows:
1. Burglary in the first degree: by imprisonment in the state prison
for two four or 6 years
2. Burglary in the second degree: by imprisonment in county jail not
exceeding one year OR pursuant to subdivision
◉ Infraction Answer: Fine only
◉ Burglary vs. Robbery Answer: Burglary - entering with the intent
to steal
Robbery - stealing with violence
◉ Actus Rea Answer: Bodily movement + will
, - Trying to kill someone
◉ Mens Rea Answer: Mental state premeditated
- First degree murder is intent to kill this is mens rea
◉ Concurrence Answer: both mens rea and actus rea at the same
time
◉ Causation Answer: What caused person to die
◉ Resulting Harm Answer: Murder, Mayhem
Mayhem:
a) "Every person who unlawfully maliciously deprives a human
being of a member of his body, or disables, disfigures, or renders it
useless or cuts or disables the tongue or puts out an eye or slits the
nose, ear... is guilty of Mayhem." Penal Code 203
b) Don't have mayhem if something gross didn't happen
◉ Acts Answer: • Bodily movement + free will
PAPER 2026 QUESTIONS SOLUTIONS GRADED
A+
◉ A husband watched his wife suffer from the agony of cancer and
he kills his wife. Is it murder? Answer: it is first degree murder.
◉ Criminal vs. Civil Law Answer: • Criminal action and civil
remedies are not mutually exclusive (such as double jeopardy in civil
you can)
• Penalties are different → civil has usually money damages,
• Goals are different → criminal tries to rehabilitate the criminals
◉ What is the burden of the proof? Answer: It is beyond a
reasonable doubt
-to have to prove beyond a reasonable doubt "every fact necessary to
constitute (establish by law) the crime charged"
,the person bringing the case against a defendant — always has the
burden of proof. This means that you have the responsibility to
establish what happened and have enough evidence that the
defendant is responsible for the damages that resulted to convince
the judge your story is the more believable one.
◉ What is a reasonable doubt? Answer: - Beyond a reasonable doubt
is the highest standard of proof that must be met in any trial. In civil
litigation, the standard of proof is either proof by a preponderance
of the evidence or proof by clear and convincing evidence. These are
lower burdens of proof.
Beyond a reasonable doubt means the scale is totally out of balance
on your side because you've piled up a great deal of credible
evidence.
If its the middle of the night and the weather man said it would rain
and you would make up the next morning and everything is wet;
then reasonable doubt is that it did rain
◉ Felony Answer: State prison is possible; more than a year in
prison but probation can still be a felony because going against
probation is jail
Burglary is an example:
,- burglary in the first degree; by imprisonment in the state prison for
2, 4, 6 years
- can only be these years and are called upper, middle, or low
- felony because state prison is possible
◉ Misdemeanor Answer: Up to a year in county jail
◉ Wobblers Answer: Could be a felony or misdemeanor
Burglary as an example, is punishable as follows:
1. Burglary in the first degree: by imprisonment in the state prison
for two four or 6 years
2. Burglary in the second degree: by imprisonment in county jail not
exceeding one year OR pursuant to subdivision
◉ Infraction Answer: Fine only
◉ Burglary vs. Robbery Answer: Burglary - entering with the intent
to steal
Robbery - stealing with violence
◉ Actus Rea Answer: Bodily movement + will
, - Trying to kill someone
◉ Mens Rea Answer: Mental state premeditated
- First degree murder is intent to kill this is mens rea
◉ Concurrence Answer: both mens rea and actus rea at the same
time
◉ Causation Answer: What caused person to die
◉ Resulting Harm Answer: Murder, Mayhem
Mayhem:
a) "Every person who unlawfully maliciously deprives a human
being of a member of his body, or disables, disfigures, or renders it
useless or cuts or disables the tongue or puts out an eye or slits the
nose, ear... is guilty of Mayhem." Penal Code 203
b) Don't have mayhem if something gross didn't happen
◉ Acts Answer: • Bodily movement + free will
