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Criminal Law > Ch. 1 Substantive Criminal Law (E1) > Flashcards

Ch. 1 Substantive Criminal Law (E1) Flashcards

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1
Q

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.

A

What is natural law?

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2
Q

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.

A

What is a felony?

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3
Q

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

A

What is “mala in se?”

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4
Q

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

A

What is “male prohibita?”

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5
Q

What are the 2 types of felonies?

A

Capital & ordinary

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6
Q

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

A

Ordinary

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7
Q

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

A

What is gross?

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8
Q

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

A

What is ordinary?

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9
Q

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

A

What is petty?

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10
Q

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

A

What is negligence?

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11
Q

What are the 2 types of negligence?

A

Gross & ordinary

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12
Q

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

A

What is recklessness?

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13
Q

Recklessness is often referred to as { } negligence.

A

Gross

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14
Q

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

A

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

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15
Q

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

A

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

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16
Q

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

A

What is the social contract theory?

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17
Q

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

A

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

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18
Q

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

A

Crime - codified/regulated by federal/state government

Ordinance - codified/regulated by local government

19
Q

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

A

1) Felonies
2) Misdemeanors
3) Infractions

20
Q

Nationalized strong central government that recognizes state sovereignty.

A

What is federalism?

21
Q

What are the 2 components of actus reus?

A

1) Corpus delicti
2) Proximate cause

22
Q

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

A

What is corpus delicti?

23
Q

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

A

1) Accused
2) Crime

24
Q

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

A

1) Actual
2) Legal

25
Q

What are the 2 tests that establish actual cause?

A

1) But-for
2) Substantial factor

26
Q

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

A

What is the but-for test?

27
Q

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

A

What is the substantial factor test?

28
Q

What are the 2 tests that establish legal cause?

A

1) Foreseeability test
2) Independent-intervening clause

29
Q

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

A

What is the foreseeability test?

30
Q

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.”

A

What is the independent-intervening clause?

31
Q

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

A

Legal cause tests are consecutive, meaning that they aren’t “OR” tests

32
Q

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

A

But-for: 1 perp
Substantial factor: many perps

33
Q

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

A

What is a crime?

34
Q

What is a wobbler?

A

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

35
Q

What are the 2 forms of deviance?

A

1) Violations of social norms
2) Statistical anomolies

36
Q

What are the 3 legislative requirements for law enactment?

A

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

37
Q

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

A

What is the misprision of felony?

38
Q

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

A

What are contractual relations?

39
Q

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

A

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

40
Q

What is the difference between specific and general deterrence?

A

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

41
Q

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

A

What is procedural law?

42
Q

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

A

What is substantive law?

43
Q

Laws made up of written statutes and enacted by legislatures.

A

What is statutory law?

Criminal Law (8 decks)

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