Criminology Overview

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Questions and Answers

Which of the following is NOT a source of criminal law?

US Constitution

Public opinion (correct)

Case law

Legislation

What does the term criminalization refer to in criminology?

The formation of criminal laws through case decisions.

The study of individuals committing crimes.

The creation and application of criminal law. (correct)

The punishment and rehabilitation of criminals.

Which division of corrections focuses on community-based supervision?

Jails

Prisons

Probation and parole (correct)

Correctional institutions

What prohibits the passage of ex post facto laws according to the US Constitution?

Article 1, section 9 Signup and view all the answers

Which classification of prisons is NOT mentioned in the content?

Open security Signup and view all the answers

What is meant by 'void law for vagueness'?

Laws that are broad and unclear in their application. Signup and view all the answers

The codification movement primarily involves what?

Replacement of common laws with penal codes. Signup and view all the answers

What is the primary role of administrative regulations in criminal law?

To create regulations for specific agencies. Signup and view all the answers

What is the main purpose of criminal law?

To punish wrongful activities Signup and view all the answers

Which of the following correctly distinguishes federal crimes from state crimes?

Federal crimes can cut across state lines. Signup and view all the answers

In a civil case, who typically represents the complainant?

A private attorney Signup and view all the answers

Which classification of crime involves inherently wrong actions?

Mala in se Signup and view all the answers

What does the classification of felonies usually indicate?

Higher potential punishment and serious nature Signup and view all the answers

Which of the following statements about dual violations is true?

They involve both tort and crime elements. Signup and view all the answers

What is the role of a judge in a civil case?

To serve as a neutral adjudicator Signup and view all the answers

What differentiates civil law from criminal law?

Civil law deals with compensation to wronged parties. Signup and view all the answers

What does the term 'mens rea' refer to in criminal law?

The state of mind of a person when committing a crime Signup and view all the answers

Which of the following is NOT one of the four recognized degrees of mens rea?

Intentionally Signup and view all the answers

What must a defendant be aware of to be considered acting purposefully?

Their physical conduct and the circumstances surrounding it Signup and view all the answers

What distinguishes acting recklessly from acting knowingly?

A defendant recognizes the risk but proceeds anyway Signup and view all the answers

In terms of mens rea, what is the primary difference between specific intent and general intent?

Specific intent crimes require knowledge of the outcome, while general intent crimes do not Signup and view all the answers

What is a critical factor in determining if a defendant acted negligently?

A reasonable person's standard of care Signup and view all the answers

Which statement about 'transferred intent' in mens rea is true?

It indicates that harm intended for one person may legally apply to another Signup and view all the answers

Which of the following best describes a strict liability crime?

A crime where intent is irrelevant to liability Signup and view all the answers

What age group, under common law, could not be found guilty of a crime due to a lack of mental maturity?

Children under 7 Signup and view all the answers

Which of the following is a defense based on a person’s mental conditions?

Mistake Signup and view all the answers

What happens to a child aged 14 or over who commits a serious felony?

Jurisdiction may be waived to adult court Signup and view all the answers

Which test is used to determine if a person with mental illness can escape punishment under the M'Naghten rule?

Irresistible impulse test Signup and view all the answers

What is a defense based on a neutral condition?

Insanity Signup and view all the answers

Which of the following scenarios would most likely not absolve a person from criminal liability?

A calculated plan to commit a crime Signup and view all the answers

According to the Durham Rule for Insanity, what must be shown for a person to be not guilty by reason of insanity?

The unlawful act was a product of a mental disease or defect Signup and view all the answers

What is an example of an extenuating circumstance defense?

Entrapment Signup and view all the answers

What does the term 'homicide' derive from?

Latin origins Signup and view all the answers

What constitutes a justified homicide?

A killing committed in self-defense Signup and view all the answers

What are the three elements needed to classify a criminal homicide?

Death of a human being, actions of another, and no legal excuse Signup and view all the answers

What does 'corpse delicti' refer to in the context of a crime?

The act of causing harm that resulted in death Signup and view all the answers

How is death currently defined in legal terms?

Cessation of brain waves Signup and view all the answers

Which of the following is NOT classified as a type of criminal homicide?

Negligent homicide Signup and view all the answers

What distinguishes aggravated assault from simple assault?

Severity of injury, use of a dangerous weapon, and intent Signup and view all the answers

What defines battery in legal terms?

Intentional or reckless touching of another without justification Signup and view all the answers

Study Notes

Criminology

Criminology is divided into three parts: criminalization, criminality, and corrections.
Criminalization is the study of the creation and application of criminal law.
Criminality is the study of criminals and the correlates and causes of their criminality.
Corrections is the study of the punishment and rehabilitation of criminals.
Corrections is divided into two parts: community corrections and correctional institutions.
Community corrections includes probation and parole.
Correctional institutions (total institutions) include jails and prisons.
Jails are divided into men's, women's, and juvenile facilities.
Prisons are divided into minimum, medium, maximum, and super-maximum security levels.

Sources of Criminal Laws

The US Constitution is the supreme law of the land.
The US Constitution includes the Bill of Rights, which outlines the first 10 amendments.
The Bill of Rights is a major source for criminal procedures.
Federal legislation passed by Congress creates federal laws.
State legislation passed by the state assembly creates state laws.
Administrative regulations are created by government agencies to govern their specific operations.
Case law is comprised of decisions made by state or federal appeals courts, which are published in case books. These decisions supplement the legal codes published by state or federal government.
Criminal law originated from early case law developed from English law.
The codification movement displaced common law with penal codes in many states.
Some states still retain common law for crimes not covered in penal codes.

Basic Divisions of Law

Civil law vs. criminal law.
Torts are civil violations and are sometimes considered both criminal and civil offenses.

Dual Violations

Actions that are simultaneously both torts (civil law) and crimes (criminal law).

Criminal vs. Civil Law

Criminal law involves the state (represented by a district attorney or prosecutor) against a defendant.
The purpose of criminal law is to punish individuals for engaging in wrongful activities that deserve condemnation.
Civil law involves a citizen against another citizen, represented by private attorneys.
The purpose of civil law is to resolve conflicts between citizens and compensate wronged parties for damages.

Classification of Crimes

Crimes can be classified as federal or state crimes, defined by both geography and subject matter.
Federal crimes typically involve misuse of federal services, protection of private institutions with federal interest, and infringement of federal regulations.
Crimes can be classified as felonies or misdemeanors.
These classifications affect the court where the crime is tried, the size of the jury, the steps in the criminal procedure, the length of the potential punishment, and the impact on a person's criminal record.
The hierarchy of punishment is based on the seriousness of the crime. Felonies have higher potential punishments than misdemeanors.
Mala in se crimes are inherently wrong or evil.
Mala prohibita crimes are not inherently wrong or evil but are made illegal by laws.

3 Specific Legal Elements of Crime

There are three elements every crime must have: actus reus, mens rea, and concurrence.
Actus reus refers to a voluntary act or omission that causes harm.
Mens rea refers to a guilty mind, or the mental state required for criminal liability.
Concurrence means that the actus reus and mens rea must occur at the same time.

Mens Rea

"Mens rea" refers to the “state of mind” required for criminal liability.
The required degree of mens rea varies from crime to crime.
The "motive" (the reason for committing a crime) is not considered mens rea.
There are four degrees of mens rea: purposefully, knowingly, recklessly, and negligently.
Purposefully: Knowing the criminal act and the harm it would cause.
Knowingly: Knowing the criminal act but not necessarily the harm it would cause.
Recklessly: A conscious disregard for a substantial and unjustifiable risk that the criminal act would cause harm.
Negligently: Failing to be aware of a substantial and unjustifiable risk that the criminal act would cause harm.

Accomplices

An accomplice is someone who assists in the commission of a crime.
Accomplices can be charged with the same degree of crime and punishment as the principal offender.
There are exceptions for capital murder cases.

Defenses to Criminal Liability

Defenses are legal arguments that relieve defendants of criminal liability.
The state must prove every element of the crime beyond a reasonable doubt.
The state is not required to negate a defense unless the defendant raises it.
There are two general types of defenses: defenses based on mental condition and defenses based on neutral conditions.
Defenses based on mental condition include: age, intoxication, mistake, and extenuating circumstances.
Defenses based on neutral conditions include: lack of capacity and duress.
Lack of capacity refers to the defendant's inability to understand their actions or control their behavior.
Duress refers to the defendant being forced to commit a crime by someone else.
Extenuating circumstances are situations that might reduce the severity of the offense or justify the defendant's actions.

Age

Common law generally excused children under seven years old from criminal liability.
Children between the ages of 7 and 14 were presumed incapable of criminal intent, but this presumption could be rebutted.
Modern law has established juvenile courts with jurisdiction over children under 18.
In some cases, jurisdiction can be waived to adult court.
Children under 18 cannot be charged with capital murder.

Insanity Defense

The insanity defense is based on the defendant's mental state at the time of the crime.
The Wild Beast test requires the defendant to show they were "no more than a wild beast" i.e. mentally retarded.
The M'Naghten Rule requires the defendant to prove they did not know the nature and quality of their actions or that they did not know their actions were wrong.
The Irresistible Impulse Test is a supplement to the M'Naghten Rule that allows the defendant to claim they were unable to control their actions, even if they understood they were wrong.

Durham Rule

The Durham Rule states that a defendant is not criminally responsible if their unlawful act was the product of a mental disease or defect.

Other Key Concepts

Statute of limitations is a time limit for bringing criminal charges.
The more serious the crime, the longer the statute of limitations.
Homicide is the killing of one human being by another.
There are two types of non-criminal homicides: excused homicides and justified homicides.
Excused homicides are accidental killings that do not involve criminal recklessness or negligence.
Justified homicides are intentional killings that are permitted by law, such as self-defense.
Criminal homicides are those that are not excused or justified.
Corpus delicti refers to the body of the crime, which includes the actus reus and the harm caused.
Assault is an attempt to commit a battery with the present ability to do so.
Battery is the intentional or reckless touching of another person without excuse or justification.

Major Crimes Against Persons

Capital murder is the most serious type of criminal homicide.
First-degree murder is typically defined as premeditated and intentional killing.
Second-degree murder is an intentional killing but without premeditation.
Voluntary manslaughter is an intentional killing committed in the heat of passion or sudden provocation.
Involuntary manslaughter is an unintentional killing resulting from recklessness or criminal negligence.
Assault and battery are crimes against the person.
Assault is an attempted battery.
Battery is the unlawful application of force to another person's body.

Levels of Assault and Battery

Simple assault and battery are misdemeanors.
Aggravated assault and battery are felonies.
Factors that can elevate the severity of assault and battery include: severity of injury, use of a dangerous weapon, intent to cause serious harm, and the presence of aggravating circumstances.

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Description

Explore the fundamental aspects of criminology, focusing on criminalization, criminality, and corrections. This quiz covers the sources of criminal law, including the US Constitution and its Bill of Rights, as well as the structure of correctional institutions. Test your understanding of these key concepts in criminology.