Ch 3: Laws and Rights

Question 1

Miranda warning

Answer 1

Right stated after arrest to remain silent and refuse to answer questions and if you give up that right, anything said can be used against you in court

Question 2

Civil law

Answer 2

Concerned with noncriminal matters regarding ppl, things, and relationships

Question 3

Criminal law

Answer 3

Concerned with crimes and punishment of ppl who commit crime

Question 4

International crime

Answer 4

Crime that’s a matter of grave concern to other countries even if it only involves one country (ex: war crime)

Question 5

Transnational crime

Answer 5

Crime that’s planned or executed across more than one country

Question 6

Substantive law

Answer 6

What constitutes a crime and what the punishment is

Question 7

Procedural law

Answer 7

Laws regarding how laws/crimes will be enforced (courts)

Question 8

Seven Principles of Criminal Law

Answer 8

Legality, actus rea, causation, harm, concurrence, mens rea, punishment

Question 9

Legality

Answer 9

There must be a law that defines the action as a crime

Question 10

Actus rea

Answer 10

Act has been committed

Question 11

Causation

Answer 11

The act caused the harm (there has to be a correlation between the cause and harm)

Question 12

Harm

Answer 12

The act caused harm to a protected value

Question 13

Concurrence

Answer 13

The intent and the act must be presented at the same time/within time frame

Question 14

Mens rea

Answer 14

Act is only a crime when it’s during a guilty state of mind

Question 15

Punishment

Answer 15

Must be stated in the law that calls for punishment for that offense

Question 16

Criminal defense (eight cases when crimes let off)

Answer 16

Self-defense, necessity, duress, entrapment, mistake of act, infancy, intoxication, insanity

Question 17

Self-defense

Answer 17

Act may ward off the attack when belief that there’s immediate danger relieves culpability

Question 18

Necessity

Answer 18

Breaking of law to save themself or prevent greater harm relieves culpability

Question 19

Duress

Answer 19

Forced, coerced, threatened, psychological pressure, etc were used to get one to act against their wishes

Question 20

Entrapment

Answer 20

Law enforcement inspired, incited, persuaded, or lured one into crime

Question 21

Mistake of act

Answer 21

Unintentional violation based on a crucial mistake relieves culpability (fuzzy since ignorance isn’t excused)

Question 22

Infancy (immaturity)

Answer 22

Children under age of 7 (unless the intent is there) are relieved of culpability

Question 23

Intoxication

Answer 23

Inebriation relieves culpability if it lacked intent

Question 24

Insanity

Answer 24

Mental illness relieves culpability

Question 25

M’Naghten Rule

Answer 25

Defense for criminal insanity that defendant didn’t know what they were doing or that it was wrong

Question 26

Irresistible Impulse Test

Answer 26

Defense for criminal insanity that criminal couldn’t control their behavior

Question 27

Durham Rule

Answer 27

Defense for criminal insanity that criminal act was caused by mental illness

Question 28

Model Penal Code’s Substantial Capacity Test

Answer 28

Defense for criminal insanity that criminal lacks substantial capacity to appreciate the wrongfulness of their conduct or to control it

Question 29

Comprehensive Crime Control Act

Answer 29

Defense for criminal insanity that criminal lacks capacity to appreciate the wrongfulness of their conduct