Ch 1&2 Test

Question 1

What does “tort” mean?

Answer 1

a wrongful act other than a breach of contract that injures another and for which the law imposes civil liability

Question 2

What is the burden of proof for criminal conduct and who has that burden under criminal law?

Answer 2

The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

Question 3

What is a misdemeanor?

Answer 3

a crime punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year

Question 4

What is a felonies?

Answer 4

a crime punishable by a term of imprisonment of not less than one year or by the death penalty. Misdemeanors, in contrast, are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails.

Question 5

What is the difference between misdemeanors and felonies.

Answer 5

A felony is typically defined as a crime punishable by a term of imprisonment of one year or more. Misdemeanours are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails.

Question 6

What is the difference between crimes which are mala prohibita and malg in se.

Answer 6

Mala in se crimes are considered “inherently evil” and would be evil even if not prohibited by law. This includes murder, rape, robbery, burglary, larceny, and arson. Mala prohibita offenses are not “inherently evil” and are only considered wrong because they are prohibited by a statute.

Question 7

What is the term for the thought process which refers to the process that humans beings seek pleasure and avoid pain?

Answer 7

pleasure principle

Question 8

What are the listed criteria reguired for criminal punishment?

Answer 8

The punishment has to be relative intense.

The subject should feel it as a punishment)

It has to be giving promptly. …

It should be given consistent. …

The punishment should not be associated with any kind of positive enforcement. …

It should not lead to escaping or avoidance behavior.

Question 9

What is the theory of retribution?

Answer 9

A person may be punished only if he has voluntarily done something wrong

The punishment must match or be equivalent to the wickedness of the offense

The justification for punishment is the. Moral justness of returning suffering for moral evil voluntarily done

Question 10

What are the assumptions under rehabilitation theory?

Answer 10

The first assumption is that forces beyond offenders’ control cause them to commit crimes. The second assumption is that. Grades. People. criminal behavior is primarily a medical problem that can be cured with the correct drugs

Question 11

What is “codification?”

Answer 11

the action or process of arranging laws or rules according to a system or plan.

Question 12

What does the philosophical concept of “justice” depend on?

Answer 12

social stability, interdependence, and equal dignity

Question 13

What are two schools of thought relative to the theories of criminal punishment?

Answer 13

1. Classical Criminology
2. Positivist Criminology

Question 14

What is the principle of legality?

Answer 14

No one can be convicted of a crime without a previously published legal text which clearly describes the crime

Question 15

What is an ex post facto law?

Answer 15

a law that imposes criminal liability or increases criminal punishment retroactively

Question 16

What is the void-for-vagueness doctrine?

Answer 16

a declaration that a deed or other instrument purporting to affect property rights is invalid because it lacks a sufficiently clear description of the property.

Question 17

Which Amendments resulted in the void-for-vagueness doctrine?

Answer 17

Fifth and Fourteenth Amendments

Question 18

What two evils does the void-for-vagueness doctrine address?

Answer 18

they fail to give fair warning to private individuals as to what the law prohibits

Question 19

Which fundamental right is not named in the U.S. Constitution?

Answer 19

Marriage
Privacy
Contraception

Question 20

What are vague laws and why are they a concern for the courts?

Answer 20

a criminal law cannot be too obscure for the average American citizen to understand and follow

Question 21

What is the “rule of lenity?”

Answer 21

when a law is unclear or ambiguous, the court should apply it in the way that is most favorable to the defendant, or to construe the statute against the state

Question 22

What is the concept proportionality?

Answer 22

any relationship that is always in the same ratio.

Question 23

What is the void-for-overbreadth doctrine potential effect on protected expression?

Answer 23

any relationship that is always in the same ratio

Question 24

What are the required elements in the accepted definition of mental retardation?

Answer 24

communication
functional academic skills
health
home living
leisure
safety
self-care
self-direction
social/interpersonal skills
use of community resources
work

Question 25

What is the principle of legality and how would it be applied?

Answer 25

no one can be convicted of a crime without a previously published legal text which clearly describes the crime

Question 26

Griswold v. Connecticut 1965)

Question 27

Apprendi v. New Jersey (2000)

Question 28

In re Kemmler (1890)

Question 29

Robinson v. California (1961)

Question 30

U.S. v. Booker (2005)

Question 31

U.S. v. Booker (2005)