LN28 Substantive Criminal Law_.docx

LN28 Substantive Criminal Law_.docx - 1 What is burden of...

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1. What is burden of proof in civil trial? Burden of proof in criminal trial? a. Criminal: beyond a reasonable doubt b. Civil: preponderance of the evidence 2. What are 3 jurisdictions or systems of justice? Explain a. Federal: Small # of acts considered federal crimes. (Counterfeiting, kidnapping, threating president, etc.. ) b. State: Most crimes are these. Prosecuted in state courts. c. Military: UCMJ 3. What is an “element” of a crime? Must all elements be proven beyond a reasonable doubt to find someone guilty of that crime? Find 3 examples a. Element: A unique set of specific ‘elements’ that prosecution must prove beyond a reasonable doubt in order to establish the accused’s guilty. 4. What are 2 component parts of elements of a crime? Explain each a. Actus reas: The actual criminal act, present by either commission or omission. b. Mens rea: The state of mind or criminal mind. 5. What is “proximate cause”? Explain & example a. The result or injury was the natural and probable result of the accused’s action (or failure to act). i. Assault = death, murder not assault. However, trans 6. What is general intent crime? What is a specific intent crime? How are they different?
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