Ch. 1 Substantive Criminal Law (E1)

Question 1

Idea dating back to 1st Century Rome stating that human behavior is governed by an unalterable code of conduct that reflects our divine attributes and purpose.

Answer 1

What is natural law?

Question 2

Natural law usually results in this type of crime, for which the authorized punishment is 1 year or more in a federal or state prison.

Answer 2

What is a felony?

Question 3

Felonies are considered this Latin term, which translates to “bad in itself.”

Answer 3

What is “mala in se?”

Question 4

Latin term that is the opposite of “mala in se.”

Answer 4

What is “male prohibita?”

Question 5

What are the 2 types of felonies?

Answer 5

Capital & ordinary

Question 6

Most { } felonies are not inherently dangerous to human life.

Answer 6

Ordinary

Question 7

This type of misdemeanor results in 6-12 months of jail.

Answer 7

What is gross?

Question 8

This type of misdemeanor results in 3-6 months of jail.

Answer 8

What is ordinary?

Question 9

This type of misdemeanor results in 10-30 days of jail.

Answer 9

What is petty?

Question 10

A breach of duty to the social contract that results in harm (causally connected).

Answer 10

What is negligence?

Question 11

What are the 2 types of negligence?

Answer 11

Gross & ordinary

Question 12

Failure to exercise a reasonable standard of care when danger is foreseeable.

Answer 12

What is recklessness?

Question 13

Recklessness is often referred to as { } negligence.

Answer 13

Gross

Question 14

Give an example of gross negligence using the “should’ve known” model.

Answer 14

“I should’ve known better, did know better, and did not care.”

Question 15

Give an example of ordinary negligence using the “should’ve known” model.

Answer 15

“I should’ve known better BUT did not.”

Question 16

Theory stating that citizens must be willing to give up some inalienable rights for the government to implement crime control measures.

Answer 16

What is the social contract theory?

Question 17

When mentioning the social contract theory, what is meant by the “least restrictive mechanism?”

Answer 17

The government implements the minimum amount of deterrence/punishment for a crime.

Question 18

What is the difference between a crime and an ordinance in terms of codification/regulation?

Answer 18

Crime - codified/regulated by federal/state government

Ordinance - codified/regulated by local government

Question 19

Crimes are classified as either { } or { } while ordinance violations are classified as { }.

Answer 19

1) Felonies
2) Misdemeanors
3) Infractions

Question 20

Nationalized strong central government that recognizes state sovereignty.

Answer 20

What is federalism?

Question 21

What are the 2 components of actus reus?

Answer 21

1) Corpus delicti
2) Proximate cause

Question 22

Latin term for the “body (essence) of a crime.”

Answer 22

What is corpus delicti?

Question 23

Simply put, the corpus delicti is a good reason to believe that the { } committed a { }.

Answer 23

1) Accused
2) Crime

Question 24

For there to be proximate cause, there must be { } and { } cause.

Answer 24

1) Actual
2) Legal

Question 25

What are the 2 tests that establish actual cause?

Answer 25

1) But-for 2) Substantial factor

Question 26

This actual cause test asks the question, "But for what person A did, would B still be alive?"

Answer 26

What is the but-for test?

Question 27

This actual cause test assesses whether actions contributed significantly to the resulting harm.

Answer 27

What is the substantial factor test?

Question 28

What are the 2 tests that establish legal cause?

Answer 28

1) Foreseeability test 2) Independent-intervening clause

Question 29

This legal cause test answers the question, "would a reasonably prudent person have been able to forsee the outcome of their actions?"

Answer 29

What is the foreseeability test?

Question 30

Use this example to determine the legal cause test: "Person A punches person B in the nose, which requires B to go to the ER and get operated on. B dies during surgery. While not foreseeable, A is at fault, assuming the surgical team was competent and did all they could do."

Answer 30

What is the independent-intervening clause?

Question 31

What is the difference between the tests for legal and actual cause?

Answer 31

Legal cause tests are consecutive, meaning that they aren't "OR" tests

Question 32

In terms of the number of perpetrators committing crimes, what is the difference between the but-for & substantial factor tests?

Answer 32

But-for: 1 perp Substantial factor: many perps

Question 33

Conduct with no justification or excuse that is codified as a felony or misdemeanor.

Answer 33

What is a crime?

Question 34

What is a wobbler?

Answer 34

A crime that can be classified as either a misdemeanor or a felony

Question 35

What are the 2 forms of deviance?

Answer 35

1) Violations of social norms 2) Statistical anomolies

Question 36

What are the 3 legislative requirements for law enactment?

Answer 36

1) Compelling public need 2) No constitutional infringements 3) Fair & adequate notice

Question 37

Concealment or suppression of a felony committed by another. By the way, you have a legal duty to report felonious activities.

Answer 37

What is the misprision of felony?

Question 38

This term describes the role taken on to care for people you have a relationship/obligation to.

Answer 38

What are contractual relations?

Question 39

What is the key difference between a democracy and a republic's elected officials?

Answer 39

A democracy's elected leaders make decisions for the populace without a legal safeguard, while a republic's elected leaders operate under a constitution to safeguard the nation's best interests

Question 40

What is the difference between specific and general deterrence?

Answer 40

Specific - used solely to prevent an offender from committing more crime due to the severe punishment General - used to prevent society from committing crime by making an example out of someone

Question 41

Branch of law that outlines the procedures to be following by those empowered with criminal justice duties.

Answer 41

What is procedural law?

Question 42

Branch of law prescribing behavioral mandates placed on people and is the substance/body of law itself.

Answer 42

What is substantive law?

Question 43

Laws made up of written statutes and enacted by legislatures.

Answer 43

What is statutory law?