Podcast
Questions and Answers
What is the 2nd Amendment about?
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?
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?
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?
What is the fundamental right to privacy?
The 8th Amendment states that cruel and unusual punishment shall not be inflicted.
The 8th Amendment states that cruel and unusual punishment shall not be inflicted.
What are cruel and unusual punishments?
What are cruel and unusual punishments?
What are barbaric punishments?
What are barbaric punishments?
What does the principle of proportionality state?
What does the principle of proportionality state?
What are three-strikes laws intended to do?
What are three-strikes laws intended to do?
What does the 6th Amendment guarantee?
What does the 6th Amendment guarantee?
What is the Apprendi rule?
What is the Apprendi rule?
What is criminal homicide?
What is criminal homicide?
What does Corpus Delicti refer to?
What does Corpus Delicti refer to?
What is manifest criminality?
What is manifest criminality?
What is automatism?
What is automatism?
What are fault-based defenses?
What are fault-based defenses?
What are affirmative defenses of excuse?
What are affirmative defenses of excuse?
What is criminal omission?
What is criminal omission?
What is failure to report?
What is failure to report?
What is failure to intervene?
What is failure to intervene?
What is the social reality of criminal law?
What is the social reality of criminal law?
What does criminal law imagination refer to?
What does criminal law imagination refer to?
What are felonies against persons?
What are felonies against persons?
What types of crimes are considered felonies against property?
What types of crimes are considered felonies against property?
Where do we find most of our criminal law?
Where do we find most of our criminal law?
What are state criminal codes?
What are state criminal codes?
Define municipal codes.
Define municipal codes.
What is the U.S. Criminal Code?
What is the U.S. Criminal Code?
What constitutes hard punishment?
What constitutes hard punishment?
What is justice in the context of criminal law?
What is justice in the context of criminal law?
What are the three theories of criminal punishment?
What are the three theories of criminal punishment?
What does incapacitation involve?
What does incapacitation involve?
How is crime viewed in the 'Medical Model' of criminal law?
How is crime viewed in the 'Medical Model' of criminal law?
What does rehabilitation aim to achieve?
What does rehabilitation aim to achieve?
What is deterrence?
What is deterrence?
What is the principle of culpability?
What is the principle of culpability?
What are misdemeanors?
What are misdemeanors?
What distinguishes felonies from misdemeanors?
What distinguishes felonies from misdemeanors?
What is the purpose of police power?
What is the purpose of police power?
Who defined police power?
Who defined police power?
What did William Novak establish about criminal law?
What did William Novak establish about criminal law?
Match the following terms to their definitions:
Match the following terms to their definitions:
Define mala in se crimes.
Define mala in se crimes.
What does void for vagueness mean?
What does void for vagueness mean?
What is the significance of the 5th Amendment?
What is the significance of the 5th Amendment?
What does the rule of lenity require?
What does the rule of lenity require?
What is the standard of proof in criminal cases?
What is the standard of proof in criminal cases?
What does presumption of innocence mean?
What does presumption of innocence mean?
Study Notes
Social Reality of Criminal Law
- 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.
