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Early Conceptions of Criminal Justice > Cesare Beccaria > Flashcards

Cesare Beccaria Flashcards

1
Q

C.B. which century

A

18th century Italy

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2
Q

L’ Academi de pugni

A

Academy of the fist

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3
Q

The right to punish

A

To guarantee security; needs right of security to punish.

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4
Q

Presidential pardon

A

State loses legitimacy

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5
Q

What could determine the consequences of a crime?

A

Laws

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6
Q

Should judges interpret the law case-by-case or equally for all?

A

Equally for all

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7
Q

Obscurity of the law

A

Laws must be universally be interpreted & understood by all citizens

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8
Q

Is ignorance a defense?

A

No

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9
Q

Imprisonment is a punishment

A

yes

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10
Q

Beccaria said laws should be written?

A

yes

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11
Q

Jail for minimum amount of time

A

yes

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12
Q

Constitutional Amendment (speedy trial)

A

yes

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13
Q

Waive right to speedy trial

A

normally done

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14
Q

48 hour rule vs 30 day rule

A

elements of crime (48 hrs) must be tried within (30)

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15
Q

Defense attorneys are time constrained

A

yes

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16
Q

court could only trial 2-3% presented

A

yes

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17
Q

Should evidence be made public?

A

Yes, to test legitimacy

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18
Q

Anything happening in court is public record?

A

yes

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19
Q

Witnesses should be considered only in what respect?

A

Only if they are interested in telling the truth

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20
Q

The credibility of a witness must diminish in proportion to the hatred or friendship to the witness.

A

True

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21
Q

Best witnesses should not be a friend or foe of victim or suspect

A

true

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22
Q

Secret accusations: could you defend yourself?

A

No

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23
Q

Discovery

A

Prosecutor must turn in all evidence

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24
Q

Could conviction be vacated on appeal if discovery isn’t full and complete

A

yes

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25
Q

leading or suggestive questions of an accused could arrive to the truth?

A

No

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26
Q

six pack

A

a six picture line-up of similar suspects

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27
Q

Rich Heisman

A

expert witness

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28
Q

six pack is reliable

A

no

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29
Q

laws and a persons interests contradict one another when an oath is required.

A

true

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30
Q

French could be forced to testify

A

true

31
Q

USA constitutional protection to testify against yourself

A

true

32
Q

Free to go?

A

yes: not detained no: detained

33
Q

Probable cause

A

warrant

34
Q

Humans social animal: do we want to be liked?

A

yes

35
Q

Could people waive right not to testify?

A

yes

36
Q

Demographic similarities help the defendant?

A

yes e.g. hicks!

37
Q

Bundy armed confrontation

A

ranger station FBI killed one dead.

38
Q

Bundies testitifed

A

Jury was sympathetic; and were found innocent.

39
Q

Torture does not produce the truth

A

true

40
Q

Torture only tests how much pain tolerance you have

A

true

41
Q

Is torture punishment?

A

yes

42
Q

Torture leads to punishing the innocent?

A

yes

43
Q

Should the punishment be in proportion to the crime?

A

yes

44
Q

Important thing about punishment is the impression or dissuade value.

A

true

45
Q

Promptness of punishment:

Deterring value is contingent on timeliness?

A

true

46
Q

Certainty of punishment and mercy:
Pardons used to excuse the guilty based on personal connections and status only serve to undermine the value of deterring crimes.

A

undermines the deterring value of punishment.

47
Q

Who said, “the greatest happiness of the greatest number?”

A

Cesar Beccaria

48
Q

What did Montesquieu say?

A

Punishment which does not arise from absolute necessity, is tyrannical

49
Q

What is sacred and valuable?

A

Punishment in proportion to liberty

50
Q

Where are lies the sovereign’s right to punish?

A

The human heart

51
Q

What makes policy endure?

A

Indelible sentiments of the heart of man

52
Q

No man ever gave up is liberty merely for the good of the public

A

true

53
Q

Does every man wish he was not bound by the compacts that bind the rest of mankind?

A

Yes

54
Q

We’re societies formed from the natural resources surrounding them and what brought men to form new societies?

A

When the number of men outgrew the resources around them. War was transferred from individuals to nations.

55
Q

Is necessity the reason why men give up liberty?

A

Yes

56
Q

Is justice considered a bond that keeps the interest of men United?

A

Yes

57
Q

What is considered unjust?

A

Punishment that exceeds the bond created by Justice.

58
Q

What is an introduction to anarchy?

A

The violation of laws that bind society and an individual.

59
Q

What is the proportion between crimes & punishment

A

That crimes that produce the greatest evil should have less frequency then those that produce less evil. Legislature theory on punishment

60
Q

Punishment should only be to inculcate the perpetrator from further injury to society

A

True

61
Q

Is torture useless?

A

Yes because it only measures ability to tolerate pain.

62
Q

Is immediate punishment necessary?

A

Yes otherwise message to society isn’t effective

63
Q

Will a mild punishment be more effective than a violent punishment

A

Yes

64
Q

What happens if punishments are too severe?

A

They will commit other crimes to overcome the first crime

65
Q

Will anarchy and impunity succeed excessively harsh punishment?

A

yes

66
Q

Should punishment be in proportion to the state of the nation?

A

yes

67
Q

Should punishment be an act violence?

A

no

68
Q

Should punishment be public, immediate, and necessary in proportion to the crime and determined by law?

A

yes

69
Q

The only righteous measure of a severity of a crime is the harm done to society (not an individual)

A

No, sentencing phase, victims are allowed to voice their grief!

70
Q

why shouldn’t victim be allowed to voice during sentencing trial.

A

sentencing is about harm to society not an individual. The sentence should not consider victims pain. Its not about revenge

71
Q

Only reason state could justifiably execution is?

A

If they continue to be a threat to life even while incarcerated.

72
Q

Did Beccaria say that “continual punishment” is more effective - than executions?

A

yes

73
Q

Killing only provides momentary reminder; not as effective as a long reminder (continuously punished)

A

stockade

74
Q

If killing is wrong than how is an execution better?

A

Beccaria

Early Conceptions of Criminal Justice (16 decks)

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