CLA/CP Criminal Law and Procedure Flashcards

Which constitutional clause prohibits trying a defendant twice for the same offense after acquittal or conviction?

Answer: Double Jeopardy Clause

The Fifth Amendment's Double Jeopardy Clause bars the government from prosecuting a person twice for the same offense following acquittal or conviction.

What is the purpose of a writ of habeas corpus in criminal law?

Answer: To require authorities to bring a detained person before a court and justify the detention

A writ of habeas corpus directs the detaining authority to bring the prisoner before the court and demonstrate the legal basis for the detention.

What is 'specific intent' as a category of mens rea?

Answer: The conscious desire to bring about a particular criminal result

Specific intent requires that the defendant consciously desired to cause the specific prohibited result, not merely the act itself.

What characterizes an 'affirmative defense' in a criminal case?

Answer: The defense admits the act but argues it was legally justified or excused

An affirmative defense concedes the alleged conduct but asserts a legal justification (e.g., self-defense) or excuse (e.g., insanity) that negates criminal liability.

Which amendment guarantees a criminal defendant the right to a speedy public trial, an impartial jury, to confront witnesses, and to have assistance of counsel?

Answer: Sixth Amendment

The Sixth Amendment enumerates trial rights including speedy and public trial, impartial jury, confrontation of witnesses, and assistance of counsel.

What does 'mens rea' mean in criminal law?

Answer: The guilty mind or criminal intent required for a crime

Mens rea refers to the mental state or criminal intent that must be proven as an element of most criminal offenses.