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Question
In many jurisdictions, affirmative defenses typically have to be proven by the defendanta. beyond probable cause.
b. by a preponderance of the evidence.
c. by clear and convincing evidence.
d. beyond a reasonable doubt.
Answer
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Related questions
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Discuss the crime of stalking and stalking laws. Be sure to include how stalking first became a crime, the actus reus of stalking and how stalking statutes vary.
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Discuss, compare, and contrast kidnapping and false imprisonment.
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Modern court opinions have relaxed the strict definitions of rape.
a. true
b. false
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How have modern court opinions changed the strict definitions of rape, and sexual assault, or criminal sexual conduct?
a. modern court opinions have relaxed the strict definitions of rape, and sexual assault, or criminal sexual conduct
b. modern court opinions have tightened the strict definitions of rape, and sexual assault, or criminal sexual conduct
c. modern court opinions have negated the strict definitions of rape, and sexual assault, or criminal sexual conduct
d. modern court opinions have not changed the strict definitions of rape, and sexual assault, or criminal sexual conduct
Q:
At common law, kidnapping consisted of how many elements?
a. three
b. four
c. five
d. six
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Under the Model Penal Code, a person who knowingly aims a firearm at or in the direction of another person has committed
a. an aggravated assault.
b. a misdemeanor assault.
c. a negligent assault.
d. a felony.
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Since the 1970s, rape laws have been reformed by
a. the creation of the marital exception.
b. limiting the offense to vaginal penetration.
c. eliminating or moderating the prompt reporting rule.
d. eliminating the non-consent element.
Q:
One of the most critical problems in sex offenses is to distinguish flirting and seduction from?
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Q:
There are __ types of crimes against persons.
a. two
b. three
c. four
d. five
Q:
Premeditation need not be for a day, an hour, or even a minute. It may be as
as successive thoughts of the mind.
Q:
All felony murders are intentional homicides.
a. true
b. false
Q:
Degrees of murder developed though history.
a. true
b. false
Q:
The meaning of "person" is unimportant to homicide law.
a. true
b. false
Q:
The mens rea of involuntary manslaughter is usually
a. reckless or negligent.
b. intentional.
c. deliberate and premeditated.
d. implied malice.
Q:
Which of the following is true about provocation?
a. is not an excuse for criminal homicide
b. it does not reduce the seriousness of the crime
c. it does not reduce the punishment for the crime
d. it only applies to depraved heart murders
Q:
With regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test?
a. objective test of cooling-off time
b. overt test of cooling-off time
c. lenient test of cooling-off time
d. subjective test of cooling-off time
Q:
Unintentional deaths that occur during the commission of some felonies are called
a. felony murder.
b. excusable homicide.
c. involuntary manslaughter.
d. depraved heart murder.
Q:
About half of the states in the U.S. have abolished which of the following?
a. second degree murder
b. voluntary manslaughter
c. unlawful act manslaughter
d. involuntary manslaughter
Q:
What reduces the seriousness of the crime and the punishment to allow for human frailty?
a. provocation
b. justification
c. torture
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Q:
How has the concern by the drafters of the Constitution affected the laws regarding treason in the United States?
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What is the only crime defined in the U.S. Constitution? What is the definition of that crime, and what else does the Constitution say about it?
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John Walker Lindh was acquitted of all charges.
a. true
b. false
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The most commonly prosecuted crime against the state since September 11, 2001, is "providing material support or resources" to terrorists or terrorist organizations.
a. true
b. false
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Socializing with saboteurs alone is enough to justify conviction of treason.
a. true
b. false
Q:
Treason consists of inciting others to violently overthrow the government.
a. true
b. false
Q:
Most of The U.S. Patriot Act deals with matters related to
a. criminal law.
b. criminal procedure.
c. crimes of treason.
d. actions advocating the overthrow of the U.S. government.
Q:
The first sedition act in the U.S. was passed in
a. 1789.
b. 1798.
c. 1809.
d. 1819.
Q:
The cause that either interrupts a chain of events or substantially contributes to a result is called the
a. proximate cause.
b. real cause.
c. intervening cause.
d. select cause.
Q:
Mistake is a defense whenever the mistake prevents the formation of any fault-based
a. prejudice.
b. hate.
c. animus.
d. mens rea.
Q:
The mental element of a crime is called the
a. mens rea.
b. harm.
c. actus reus.
d. concurrence.