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Question
The standard required to convict a defendant charged with a crime at the adjudicatory stage of the criminal process is:a. proof beyond a reasonable doubt.
b. absolute certainty.
c. clear and convincing evidence.
d. preponderance of the evidence.
Answer
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Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.Sue has been released without charges. What is the most likely reason for this?a. Sue had a prescription and did not have mens rea.b. Sue had actus reus but did not have a prescription.c. Sue had a contractual relationship to the police.d. Sue had a medical marijuana prescription.
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Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.The lawsuit filed by the deceased girl's parents is called:a. stare decisis.b. a tort.c. lex talionis.d. malum prohibitum.
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Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.In addition to being tried for the girls' murder, the parents of the deceased sue the psychiatrist for not warning the police of the potential threat. What categories of law is this case found in?a. Substantive criminal law and procedural lawb. Procedural law and civil lawc. Substantive criminal law and civil lawd. Procedural law and public law
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An employee is forced to divert funds into a special account and failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation?
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b. malum prohibitum crimes, felonies, and violations.
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Intoxication and age are examples of:
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Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as:
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b. strict liability crimes.
c. mala in se crimes.
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The individual's state of mind or intent to commit a crime is formally referred to as:
a. stare decisis.
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a. Common law
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Intoxication is only a viable defense if it is involuntary.
a. True
b. False
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a. True
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List and discuss each of the factors that influence sentencing.
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