Criminal Law Chapters 1-4 Flashcards

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Questions and Answers

What is the 2nd Amendment about?

Right to bear arms (correct)

Protection against unreasonable searches

Freedom of speech

Right to privacy

What does the 3rd Amendment guarantee?

No quartering of soldiers during peacetime (correct)

Right to bear arms

Freedom of speech

Right to privacy

What does the constitutional right to privacy entail?

A right that bans all government invasions of the sanctity of a man's home and the privacies of life

What is the fundamental right to privacy?

A right that requires the government to prove that a compelling interest justifies invading it Signup and view all the answers

The 8th Amendment states that cruel and unusual punishment shall not be inflicted.

True Signup and view all the answers

What are cruel and unusual punishments?

Barbaric punishments and punishments that are disproportionate to the crime committed Signup and view all the answers

What are barbaric punishments?

Punishments considered no longer acceptable to civilized society Signup and view all the answers

What does the principle of proportionality state?

The punishment must fit the crime Signup and view all the answers

What are three-strikes laws intended to do?

Ensure that offenders who are convicted of a third felony get locked up for a very long time, sometimes for life Signup and view all the answers

What does the 6th Amendment guarantee?

The accused shall enjoy the right to a speedy and public trial, by an impartial jury Signup and view all the answers

What is the Apprendi rule?

Other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt Signup and view all the answers

What is criminal homicide?

Conduct that causes another person's death Signup and view all the answers

What does Corpus Delicti refer to?

Latin for 'body of the crime'; it refers to the body of victims in homicides and to the elements of the crime in other crimes Signup and view all the answers

What is manifest criminality?

The requirement that mental attitudes have to turn into actions for a 'crime' to be committed Signup and view all the answers

What is automatism?

Unconscious bodily movements Signup and view all the answers

What are fault-based defenses?

Defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act Signup and view all the answers

What are affirmative defenses of excuse?

Insanity and diminished capacity Signup and view all the answers

What is criminal omission?

Failure to act when there is a legal duty to act Signup and view all the answers

What is failure to report?

Not providing information when you are legally required to Signup and view all the answers

What is failure to intervene?

Not actively preventing or interrupting injuries and damage Signup and view all the answers

What is the social reality of criminal law?

A small number of serious offenses and a large number of lesser crimes Signup and view all the answers

What does criminal law imagination refer to?

The contributions of law and philosophy to criminal thought Signup and view all the answers

What are felonies against persons?

Murder, manslaughter, rape, kidnapping, and robbery. Signup and view all the answers

What types of crimes are considered felonies against property?

All forms of felony theft, robbery, arson, and burglary. Signup and view all the answers

Where do we find most of our criminal law?

In every state's own criminal code or penal code. Signup and view all the answers

What are state criminal codes?

Criminal law created by elected representatives in state legislatures. Signup and view all the answers

Define municipal codes.

Criminal law created by city and town councils elected by city residents. Signup and view all the answers

What is the U.S. Criminal Code?

Criminal law created by the U.S. Congress. Signup and view all the answers

What constitutes hard punishment?

A sentence of a year or more in prison. Signup and view all the answers

What is justice in the context of criminal law?

It depends on culpability; only those who deserve punishment ought to receive it. Signup and view all the answers

What are the three theories of criminal punishment?

Incapacitation, rehabilitation, and deterrence. Signup and view all the answers

What does incapacitation involve?

Preventing convicted criminals from committing future crimes by locking them up. Signup and view all the answers

How is crime viewed in the 'Medical Model' of criminal law?

Crime is viewed as a disease and criminals as needing treatment. Signup and view all the answers

What does rehabilitation aim to achieve?

It aims to prevent future crimes by changing individual offenders. Signup and view all the answers

What is deterrence?

The use of punishment to prevent or reduce future crimes. Signup and view all the answers

What is the principle of culpability?

Only someone who intends to harm their victim deserves punishment. Signup and view all the answers

What are misdemeanors?

Offenses punishable by a fine and/or confinement in a local jail for up to one year. Signup and view all the answers

What distinguishes felonies from misdemeanors?

Felonies are crimes punishable by death or confinement in state prison for one year to life without parole. Signup and view all the answers

What is the purpose of police power?

To carry out and enforce the criminal law. Signup and view all the answers

Who defined police power?

Sir William Blackstone. Signup and view all the answers

What did William Novak establish about criminal law?

Criminal law was a key technology in morals and cultural policing. Signup and view all the answers

Match the following terms to their definitions:

Torts = Private wrongs recoverable with money Felonies = Crimes punishable by death or prison Misdemeanors = Offenses punishable by fines or jail up to one year Criminal Liability = Conduct that inflicts harm to interests Signup and view all the answers

Define mala in se crimes.

Offenses that require some level of criminal intent. Signup and view all the answers

What does void for vagueness mean?

Statutes violate due process if they don't clearly define a crime. Signup and view all the answers

What is the significance of the 5th Amendment?

It guarantees due process and protection from being deprived of life, liberty, or property. Signup and view all the answers

What does the rule of lenity require?

Courts must resolve ambiguities in criminal statutes in favor of defendants. Signup and view all the answers

What is the standard of proof in criminal cases?

Proof beyond a reasonable doubt. Signup and view all the answers

What does presumption of innocence mean?

The prosecution has the burden of proof regarding the defendant's guilt. Signup and view all the answers

Study Notes

U.S. criminal law is categorized into serious offenses (core crimes) and lesser offenses (everything else).

Criminal Law Imagination

Encompasses interdisciplinary contributions, blending law, history, philosophy, social sciences, and biology to shape moral aspirations.

Felonies

Against Persons: Includes murder, manslaughter, rape, kidnapping, and robbery.
Against Property: Covers felony theft, robbery, arson, and burglary.

Legal Codes

Each state has its state criminal code, while municipal codes are created by city councils.
The U.S. Criminal Code is established by Congress.

Punishments

A "hard punishment" is defined as a sentence of one year or more in prison.
Justice is based on culpability, asserting only those who merit punishment should receive it.

Theories of Criminal Punishment

Incapacitation: Prevents recidivism through imprisonment or surgical alterations.
Rehabilitation: Aims to change offenders' behavior to prevent future crimes, rooted in the medical model of crime as a disease.
Deterrence: Uses punishment as a threat to prevent future offenses, including specific and general forms.

Criminal Liability

Defined by two key elements: Actus Reus (voluntary act) and Mens Rea (criminal intent).

Types of Crimes

Misdemeanors: Punishable by fines or jail time up to one year.
Felonies: More serious, punishable by death or imprisonment for one year to life.

Criminal Courts

Trial Courts: Where evidence is presented; jurors or judges decide guilt.
Appellate Courts: Review decisions from the trial courts.

Criminal Law Principles

Concept of Culpability: Holds that only those who intend to harm deserve punishment.
Rule of Law: Government power should be restricted by established laws.
Principle of Legality: No punishment can occur without a pre-defined law.
Ex Post Facto Laws: Retroactive laws are prohibited; they cannot criminalize past actions or increase penalties retroactively.

Constitutional Amendments

5th Amendment: Guards against deprivation of life, liberty, or property without due process.
14th Amendment: Extends 5th Amendment protections to the states.
8th Amendment: Prohibits cruel and unusual punishment.

Burden of Proof

The prosecution must prove guilt beyond a reasonable doubt; defendants are presumed innocent until proven guilty.

Criminal Conduct

Defined as a voluntary act stemming from criminal intent, with defenses available to create reasonable doubt.

Defenses

Fault-Based Defenses: Challenge the prosecution's proof of a voluntary act.
Affirmative Defenses: Include insanity and diminished capacity.
Criminal Omission: Involves failure to act when legally obligated, with two types: failure to report and failure to intervene.

Additional Concepts

Compensatory Damages: Recoverable for actual injuries in tort cases.
Punitive Damages: Awarded to penalize defendants for egregious behavior.
Manifest Criminality: Links mental attitudes to actions necessary for a crime.
Rule of Lenity: Courts are required to resolve ambiguities in favor of defendants.

Three-Strikes Laws

Aims to enforce lengthy sentences for repeat offenders, sometimes leading to life sentences after three felony convictions.

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Description

Test your knowledge of the key concepts covered in the first four chapters of Criminal Law. This quiz will help you understand the dual nature of U.S. criminal law and the various theoretical contributions to its moral framework. Ideal for students seeking to reinforce their understanding of foundational legal principles.