Criminal Law Basics Quiz

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Questions and Answers

What is the primary source of criminal law that is developed through court decisions?

  • Common Law (correct)
  • Legislation
  • International Conventions
  • Penal Codes

Legislation includes laws passed by parliaments.

True (A)

What is a 'Nolle Prosequi'?

A formal statement by the prosecutor not to proceed with prosecution.

The _____ includes agreements between nations to tackle transnational crimes.

<p>International Conventions</p> Signup and view all the answers

Match the following cases/acts with their significance:

<p>Shaw v DPP = Establishes precedent in criminal law Accessories and Abettors Act 1861 = Defines complicity in crimes United Nations Convention on Transnational Organized Crime = Addresses trafficking in persons Criminal Evidence Act 1898 = Regulates admissibility of evidence in court</p> Signup and view all the answers

Which of the following acts was enacted to address complicity in criminal acts?

<p>Accessories and Abettors Act 1861 (A)</p> Signup and view all the answers

The Attorney General is involved in granting permission for a Nolle Prosequi.

<p>True (A)</p> Signup and view all the answers

Name one example of a transnational crime addressed by international conventions.

<p>Trafficking in persons</p> Signup and view all the answers

According to the Penal Code of the Bahamas, a crime is defined as an offense punishable by what?

<p>Indictment (D)</p> Signup and view all the answers

According to Mozley & Whitely's Law Dictionary, crime is defined only as an act that is forbidden by common law.

<p>False (B)</p> Signup and view all the answers

What is the primary concern of criminal law as stated by Smith & Hogan?

<p>Public nature of law and state representation of the public in bringing actions.</p> Signup and view all the answers

According to Sir Carleton Allen, crime is wrongdoing that seriously threatens society's ___ and well-being.

<p>security</p> Signup and view all the answers

Match the definition of crime with its source:

<p>Penal Code Bahamas = An offense punishable by indictment Mozley &amp; Whitely's Law Dictionary = An act forbidden or omission to perform an act Merriam-Webster = An act or omission forbidden by public law Smith &amp; Hogan = A moral wrong demanding retribution</p> Signup and view all the answers

Which of the following statements is true about criminal accusations?

<p>The prosecution can be initiated by any citizen. (D)</p> Signup and view all the answers

According to the definitions, all crimes require that the victim suffers specific harm.

<p>False (B)</p> Signup and view all the answers

What is the primary goal of the Preventive Theory?

<p>To prevent convicted individuals from committing further crimes (C)</p> Signup and view all the answers

The Principle of Legality allows for retroactive punishment.

<p>False (B)</p> Signup and view all the answers

Which legal report addresses issues related to homosexuality and prostitution?

<p>Wolfenden Committee Report</p> Signup and view all the answers

According to the Principle of Legality, ignorance of the law is not an ___

<p>excuse</p> Signup and view all the answers

Match the following legal theories with their descriptions:

<p>Preventive Theory = Aims to prevent future crimes by convicted individuals Rehabilitation Theory = Focuses on reintegrating individuals into society</p> Signup and view all the answers

Which case is cited as related to 'The enforcement of Morals'?

<p>Lord Devlin (D)</p> Signup and view all the answers

According to the legal principle discussed, a person can be punished for an act they believe is lawful due to ignorance.

<p>False (B)</p> Signup and view all the answers

What does the Rehabilitation Theory focus on?

<p>Training and reintegration into the community</p> Signup and view all the answers

No ____ can be imposed without a pre-existing penal law.

<p>punishment</p> Signup and view all the answers

Match the following court cases with their significance:

<p>R v Brown = Consent and public morality Shaw v DPP = Prostitution and public order Knuller V DPP = Morals and the law</p> Signup and view all the answers

What is the primary aim of protecting vulnerable groups as outlined by N. Walker?

<p>To guard against abuse of persons or property (A)</p> Signup and view all the answers

The Bahamas Penal Code permits corporal punishment as a form of punishment.

<p>False (B)</p> Signup and view all the answers

Name one theory of punishment that focuses on deterring potential offenders.

<p>General Deterrence</p> Signup and view all the answers

The punishment aimed at preventing acts that are considered __________ involves acts like incest and drug use.

<p>unnatural</p> Signup and view all the answers

Match the aims of punishment with their descriptions:

<p>Protection of Human Persons = Guarding against intentional violence Revenue Collection = Gathering funds through fines Specific Deterrence = Preventing the convicted from re-offending Enforcing Compulsory Benevolence = Mandating actions like school attendance</p> Signup and view all the answers

Which of the following is NOT an aim of punishment listed by N. Walker?

<p>Revenge collection (A)</p> Signup and view all the answers

Retributive/denunciatory theory of punishment focuses on reforming the offender.

<p>False (B)</p> Signup and view all the answers

According to N. Walker, what is one reason for enforcing necessary processes?

<p>To ensure compliance with legal procedures.</p> Signup and view all the answers

The Bahamas Penal Code includes alternative punishments such as recognizance with or without __________.

<p>surety</p> Signup and view all the answers

What aim of punishment involves protecting social institutions?

<p>Protecting marriage and religious worship (C)</p> Signup and view all the answers

Which action is specifically criminalized under Article 3 of international treaties?

<p>Exploitation of others through coercion or fraud (A)</p> Signup and view all the answers

According to Article 5, organizing or directing others to commit trafficking is considered a crime.

<p>True (A)</p> Signup and view all the answers

What was the sentence given to Sasha Hall for trafficking?

<p>15 years and 7 years concurrently</p> Signup and view all the answers

The American Law Institute's Modern Penal Code outlines aims including prevention of conduct that harms individuals or public interests such as blank.

<p>control individuals whose conduct implies a disposition toward crime</p> Signup and view all the answers

Match the following Articles with their descriptions:

<p>Article 3 = Criminalization of coercion and fraud Article 5 = Criminalization of attempts and accomplices Article 1 = Defining trafficking in persons Article 6 = Protection of victims</p> Signup and view all the answers

What does international law influence in relation to criminal law?

<p>Modern criminal law and its trends (B)</p> Signup and view all the answers

The illicit trafficking of persons does not include attempts to commit trafficking offences.

<p>False (B)</p> Signup and view all the answers

Who was the accused in the trafficking case in the Bahamas?

<p>Sasha Hall</p> Signup and view all the answers

The document suggests a potential trend towards a blank legal system due to international treaties.

<p>globalized</p> Signup and view all the answers

What is one of the aims of criminal law according to the American Law Institute?

<p>To prevent harm to individuals or public interests (D)</p> Signup and view all the answers

Flashcards

Crime Definition (General)

An act or omission forbidden by law, punishable by the state.

Crime (Bahamas Penal Code)

An offense punishable by indictment, under any law.

Criminal vs. Civil Law

State vs. individuals; state prosecutes, not individual (different from civil law).

Crime (Social Threat)

Wrongdoing severely affecting society's safety.

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Criminal Law Focus

The state prosecutes, even if individuals aren't directly affected beyond public harm.

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Criminal Law (Public vs. Private)

State's responsibility instead of individual. State initiates, individual cannot stop.

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Crime (Mozley & Whitely)

Act forbidden or inaction commanded by law resulting in state punishment.

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Common Law

Judge-made laws developed over time from court decisions.

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Legislation

Laws passed by parliaments, forming written statutes.

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Criminal Proceedings

Methods to start and pursue criminal cases.

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Nolle Prosequi

Prosecutor's formal decision to stop pursuing a case.

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International Law

Agreements between countries to handle crimes.

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Acts of Parliament

Laws passed by a national parliament.

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Trafficking in Persons

Illegal movement of people for exploitation.

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Attorney General

Minister responsible for legal issues, often deciding cases.

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Punishment Aims

Reasons for punishing criminals, including protecting people and property, deterring crime, and upholding legal order

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Retributive Theory

Punishing criminals as deserved for their wrongdoing, emphasizing payback and condemnation.

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General Deterrence

Discouraging potential criminals from committing offenses by making them aware of the consequences.

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Specific Deterrence

Preventing a convicted individual from repeating their crime, ensuring they avoid future harm.

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Protection of Persons and Animals

A fundamental aim of punishment, safeguarding individuals and animals from harm, violence, and cruelty.

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Prevention of Unnatural Acts

Prohibiting acts deemed unnatural, even if consented to, to uphold societal values and morality.

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Protection of Property

A key aim of punishment, preventing theft, fraud, and damage to property.

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Enforcing Compulsory Benevolence

Using punishment to enforce positive actions, like sending children to school.

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Alternative Punishment

Punishments other than imprisonment, like probation, community service, or fines.

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Bahamas Penal Code

The legal framework outlining offenses and punishments in the Bahamas, including provisions for alternative punishments.

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Trafficking Criminalization (Art. 3)

International law criminalizes actions like coercion, fraud, and abuse of power used to exploit others for trafficking.

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Trafficking Criminalization (Art. 5)

International law also criminalizes attempts, complicity, and organizing/directing others to commit trafficking.

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Bahamas Trafficking Case

Sasha Hall was convicted of trafficking two women to the Bahamas, seizing their passports, and withholding documents.

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International Law's Impact

International treaties and agreements like Agenda 21 influence modern criminal law, suggesting a trend towards global legal standards.

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Criminal Law's Main Goals

According to the American Law Institute, criminal law aims to prevent harm, control criminals, protect the innocent, and provide clear warnings about illegal conduct.

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Preventing Harm (Criminal Law)

A key goal of criminal law is stopping actions or omissions that harm individuals or the public.

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Controlling Criminals (Criminal Law)

Criminal law seeks to manage individuals whose behavior suggests a propensity for crime.

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Protecting the Innocent (Criminal Law)

Criminal law safeguards innocent conduct from unfair criminal charges.

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Clear Warnings (Criminal Law)

Criminal law aims to provide clear and specific definitions of prohibited actions to avoid confusion or misinterpretations.

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Globalized Legal System?

International treaties and agreements like Agenda 21 might indicate a potential shift towards a globalized legal system.

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Preventive Theory

This theory aims to prevent convicted criminals from committing further crimes.

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Rehabilitation Theory

This theory focuses on helping convicted criminals reintegrate into society as law-abiding citizens.

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Libertarian Viewpoint

This viewpoint on law and morals emphasizes individual freedom and limits the role of government in enforcing morality.

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Authoritarian Viewpoint

This viewpoint emphasizes the role of government in defending public morality and enforcing traditional values.

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Principle of Legality

This fundamental principle of the rule of law states that no punishment can be imposed without a pre-existing law.

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Retroactive Punishment

Punishing someone for an act that was not illegal at the time it was committed.

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No Person Superior to Law

This principle emphasizes that no court or government is above the law.

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Ignorance of the Law

Not knowing the law is not a valid excuse for breaking it.

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Mistake of Fact

An honest misunderstanding of the facts can be a defense to a crime, but only if it's in good faith.

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Wolfenden Report (1957)

This report examined the relationship between law and morality, focusing on homosexuality and prostitution.

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