An act or omission of an act is not a crime if the

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An act or omission of an act is not a crime if the individual has a legally recognized justification or defense for the act - The primary distinction between a felony and a misdemeanor was that a person could be required to forfeit all property upon conviction of a felony but not upon conviction of a misdemeanor - A felony is a crime for which a person may be sentenced to death or to a long prison term, while a misdemeanor is a less serious offense for which a short jail term (less than a year), a fine, a period of probation, or some other alternative to incarceration may be imposed - In cases that are tried before a jury, jurors may refuse to return a guilty verdict even when the facts point to the defendant’s guilt, a process known as jury nullification The Concept of Law - Law as social control – subsistence before
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- A statute forbids the doing of an act in terms so vague that men of common intelligence must necessarily guess as to its meaning and differ as to its application violates the first essential elements of due process of law - State v. Metzger
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