Questions and Answers
Which type of law sets out the basic rules of practice in the criminal justice system?
Which branch of law deals with the state and its relationship with individuals?
The Code of Hammurabi was based on the concept of 'an eye for an eye,' which was referred to as ________.
lex talionis
During the Dark Ages, if a person was burned as part of the 'trial' process, what would occur if the wound healed?
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Aggravated assault is classified as what type of crime?
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Criminal laws have been found to violate constitutional principles if __________.
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Which type of crime may result in a prison sentence?
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Which element of a crime is the actus reus?
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If a private citizen sees a swimmer in danger and does nothing to prevent the person from drowning, the private citizen __________________.
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A person takes a wallet from the victim's pocket, finds there are only family pictures in it and throws the wallet away. Was a crime committed?
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Self-defense is classified as a(n) _______________ defense.
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Which insanity defense is based upon proving that the defendant's acts were the product of mental disease or mental defect?
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Which insanity defense focuses on whether the offender understands the difference between right and wrong?
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A police officer suggests that a person should commit a crime (which they did not think of on their own). If the person acts upon the officer's suggestion they may be able to use ____________ as a defense at the trial.
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If you are lost in the woods in the winter and have to break into a cottage to find shelter, what defense could be used at your trial?
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Criminal law is often changed due to ____________.
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Which crime involves the willful and repeated following or harassing of another person?
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Physician-assisted suicide is disallowed by either statute or common law in ________.
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The _______ is an example of a government action that resulted in expanding tools of traditional surveillance, including wiretaps, search warrants, and subpoenas.
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The ____________ Amendment limits the admissibility of confessions that have been obtained unfairly and protects defendants from double jeopardy.
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If the death penalty was only given to men under 30 years of age, this could be a violation of the _____ Amendment.
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Which rule established how evidence seized in violation of the Fourth Amendment cannot be used in a court of law?
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Which Amendment is related to the ownership of guns by a private person?
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Due process procedures are ___________.
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Which court is usually tasked with interpreting the Constitution and shaping procedural law?
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Study Notes
Key Concepts in Criminal Justice
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Procedural Law: Establishes guidelines for the criminal justice system's operations and practices.
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Public Law: Governs the relationship between the state and individuals, addressing issues like criminal offenses and regulatory practices.
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Lex Talionis: Ancient legal principle epitomized by "an eye for an eye," originating from the Code of Hammurabi.
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Dark Ages Judicial Practices: During trials, if a burned individual healed, they were deemed innocent, reflecting archaic methods of justice.
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Mala in Se Crimes: Refers to inherently wrong acts, with aggravated assault classified under this category.
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Vague Laws: Criminal laws may violate constitutional principles if they lack clarity concerning intent.
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Felonies: A category of crime that can lead to imprisonment, distinguishing them from less serious offenses.
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Actus Reus: Represents the physical act or conduct that constitutes a criminal offense.
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Legal Responsibility: A private citizen is not held liable for failing to act to prevent harm, such as not rescuing a drowning swimmer.
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Robbery Definition: A crime committed when someone unlawfully takes another's property, regardless of the item's value.
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Self-Defense: Considered a justification defense, used to indicate the legality of an individual's actions in protecting oneself from harm.
Insanity and Entrapment Defenses
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M'Naghten Rule: Determines insanity based on whether a defendant understood their actions and the difference between right and wrong.
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Entrapment Defense: May be invoked when a person commits a crime prompted by law enforcement suggestions.
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Necessity Defense: An argument that justifies breaking the law under dire circumstances, such as seeking shelter from the elements.
Criminal Law and Public Opinion
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Law Changes: Criminal statutes are often revised to reflect societal views on various actions and behaviors.
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Stalking: Defined as the willful and repeated harassment or following of another individual, classified as a crime.
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Physician-Assisted Suicide: Generally prohibited by law in most states, reflecting ethical and legal debates.
Surveillance and Constitutional Protections
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USA Patriot Act: Expanded government surveillance tools, including wiretaps and search warrants, in response to security needs.
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Fifth Amendment: Protects against self-incrimination and double jeopardy, ensuring fair treatment of defendants.
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Eighth Amendment: Prohibits cruel and unusual punishment; questions might arise if specific demographics uniquely face the death penalty.
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Exclusionary Rule: Prevents evidence obtained in violation of the Fourth Amendment from being used in court proceedings.
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Second Amendment: Addresses the right of individuals to own firearms, an important aspect of criminal law and legislative discussions.
Due Process and Judicial Interpretation
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Due Process Procedures: Encompass the rights and treatment of individuals from arrest through sentencing, ensuring fair legal processes.
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Supreme Court's Role: The highest court interprets the Constitution, influencing procedural law and legal precedents.
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Description
Test your knowledge with these flashcards covering key concepts from Chapter 3 of Criminal Justice. These flashcards include important terminology related to laws in the criminal justice system, such as procedural law and public law. Perfect for students preparing for exams or anyone interested in legal fundamentals.
