Quiz_________________?
- 1st amendment
- Government cannot establish an OFFICIAL religion -
ANSWER✅
Freedom of Religion- Establishment Clause
Quiz_________________?
- Actus rues-criminal act
- Mens rea: also have to have intent to commit the crime
- Have to have both -
ANSWER✅
Criminal Liability
Quiz_________________?
- Assault- apprehension of imminent physical contact
Not actually hitting them
- Battery-The actual physical contact Goes hand & hand with assault
1
, - Murder-the intent to murder someone.
- Capital murder- killing someone in the course of committing a felony
- Manslaughter- remember the definition- the act of taking another person's life while under
the influence of extree emotional disturbance for which there is reasonable excuse -
ANSWER✅
Types of crimes
Quiz_________________?
- Criminal is an offense against society
- Must be proclaimed in a statute
- If there is no law stating it is a crime, it's not a crime
- Action is by the government
- Criminal is mostly STATE law
- Most federal crime involves acts against federal officials or involves interstate commerce -
ANSWER✅
Criminal Cases
Quiz_________________?
- Defense permitted in criminal cases
- Got to show you're insane
- Defendant has burden of proof
- Must be at time of act, not time of trial -
ANSWER✅
Insanity
Quiz_________________?
2
, - Embezzlement
- Mail & wire fraud
- Theft of intellectual property
- Insider trading -
ANSWER✅
White Collar Crimes
Quiz_________________?
- Government are not going to prosecute every law
- Grand Jury is required in most federal cases & some states
- 18 rather than 12.
- You cannot force a prosecutor to prosecute
EX. A beaten wife who chooses not to press charges -
ANSWER✅
Prosecutorial discretion
Quiz_________________?
- In order for these rights to apply, there MUST be "State Action"
- Due Process- basic fair treatment by government
- Must be given a day in court
- Called "Procedural Due Process" -
ANSWER✅
Due Process & Equal Protection (5th & 14th amendment)
Quiz_________________?
- Involves "Miranda rights"
3