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Criminal law > chap 9 > Flashcards

chap 9 Flashcards

1
Q

Obscenity

A

Obscenity, when identified by a state, can be punished as a crime.
Defining obscenity, however, has been the subject of many court rulings and debates.

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2
Q

In general, freedom to use obscenity is not protected by the First Amendment when:

A

The communication is described in an offensive manner with depictions of explicit sexual acts.
Portrays sexual conduct in a patently offensive way
The communication has no redeeming social
value (literary, scientific, or artistic value

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3
Q

Public Nuisance Laws

A 
intended to insure public safety and public order.
Some regulations include:
Laws on loud noise
Nuisance speech
Riots
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4
Q

The “Clear and Present Danger” Test

A

The test used to judge government restrictions on speech.

ex: shouting bomb on a plane

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5
Q

fighting words

A

words that incite violence or breach the peace

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6
Q

Symbolic Speech

A

Nonverbal expressions that convey a belief or idea.

Symbolic speech that is disruptive can reasonably be controlled

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7
Q

the First Amendment not protected

A

Actions that have a purpose other than/beyond communication of an idea or belief are not protected by the First Amendment.
ex: wearing a ninja mask to scare others

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8
Q

A true threat def.

A

a serious expression of an intent to inflict bodily harm.

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9
Q

Some identified true threats include:

A

Threats against public officials
Threats by schoolchildren against teachers or other students
Terrorist threats
Violations of restraining orders
Using the U.S. mail, telephones, the internet, or email to threaten another person

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10
Q

Obstruction of the Law Enforcement Process

A

There are a number of ways that the crime of obstruction can be committed, including:
Obstruction of a crime scene
Failure to identify a known offender
Failure to identify oneself when there is a legal obligation to do so

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11
Q

stalking

A

Stalking has become a serious problem in the United States and Europe.
Often stalking involves offenders who had a previous relationship with the victim.
Stalking has now been made criminal in most states

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12
Q

city street laws

A 
Anti-cruising laws
Truancy arrests or detentions
Juvenile curfew laws
Laws directed at homeless persons
Stalking
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13
Q

applicable Gun Ownership

A

right to bear arms is applicable with both federal and state

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14
Q

gun registration laws

A

govt. may not outlaw completely, ownership and possession of firearms.
regulation of ownership/possession of firearms is permitted.

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15
Q

Right of Privacy in constitution

A

the us const. has no explicit right to privacy, but is implied in the 14th amendment.

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16
Q

only defense to slander

A

the truth.

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17
Q

use immunity

A

allows that the statements made by the witness may not be used in subsequent prosecutions.

a witness can be prosecuted for the crimes which they testified if other evidence is used to convict them

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18
Q

corpus delict

A

In all criminal cases, the government must prove that the crime charged was committed (corpus delicti) and that the defendant was party to the crime (committed the crime or was an accomplice).

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19
Q

transactional immunity

A

Total or full immunity for the criminal offense

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20
Q

coercion

A

A person who forces (coerces) another to commit a crime can be charged and convicted of the crime committed in addition to other offenses.

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21
Q

immunity

A

exemption from penalties, payments

exemption from legal requirements, granted by authorities or statutes.

22
Q

Dual Sovereignty Doctrine

A

A doctrine that different governments may each file separate criminal actions for the same criminal act.

23
Q

necessity

A

A defense to criminal prosecution on the grounds that the harm to be avoided outweighed the harm caused by the crime committed. Necessity will not justify taking another person’s life.

24
Q

duress

A

A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.

25
Q

entrapment

A

The defense that a law enforcement officer used excessive temptation or urging to wrongfully induce the defendants to commit a crime they would not have ordinarily committed.

26
Q

“dual sovereignty” doctrine

A

A doctrine that different governments may each file separate criminal actions for the same criminal act

27
Q

double jeopardy

A

when the defendant has been tried before on the same charge, and acquitted.

28
Q

affirmative defense

A

Exists when the defendant generally admits to the crime but demonstrates an acceptable defense such as:
entrapment or duress

29
Q

mistake of law

A

A claim by a defendant that the defendant did not know the action taken violated the criminal law.

30
Q

statutes of limitations

A

statute that sets the maximum time the government has to prosecute a violation of a criminal law.

31
Q

capital punishment

A

Inflicting deadly injury as punishment for criminal conduct.

32
Q

aggravating circumstances

A

any fact or circumstance that increases the severity or culpability of a criminal act.
ex: Repeat Offenses, Vulnerability of Victim, lack of remorse

33
Q

recidivist

A

One who is a habitual criminal.

34
Q

sanctuary

A

In the Middle Ages in England, a sanctuary was a religious place where criminals could take refuge. The concept of sanctuary later broadened to include asylum for refugees

35
Q

cruel and unusual punishment

A

a limitation on punishment for criminal conduct

36
Q

Procedural due process

A

A claim under the Fourteenth Amendment that there is an absence of fair procedures regulating state conduct
Requires a fair hearing.

37
Q

forfeiture

A

Going back to early English law, the concept and use of seizing the property that was used to commit a crime

38
Q

Benefit of Clergy

A

A medieval limit on capital punishment. People convicted of a capital crime entitled to claim the benefit of clergy (by the fifteenth century, anyone who could read) could not be executed for their offense. By the end of the eighteenth century, the privilege had been eliminated for most crimes.

39
Q

“three strikes” laws

A

Laws that impose increased penalties for multiple felony convictions

40
Q

Corporal punishment

A

Inflicting nondeadly physical injury as punishment for criminal conduct.
Ex: Whipping or dismemberment

41
Q

Substantive due process

A

A claim under the Fourteenth Amendment that state conduct is so brutal, demeaning, and harmful as to shock the conscience.

42
Q

mitigating circumstances

A

Factors that lessen the severity or culpability of a criminal act
ex: age, mental/emotional disturbance, no criminal record, mental retardation

43
Q

Proportionality Principle

A

Compares the gravity of the offense and the severity of the penalty to sentences imposed for other crimes and to sentencing practices in other jurisdictions.

44
Q

Corporal Punishment in Prisons

A

prison inmates have none of the “community and legal constraints” that provide safeguards against the sort of abuses the Eighth Amendment prohibits.

45
Q

capital punishment is constitutional if:

A

The victim dies

46
Q

capital punishment does not count with:

A

in individual crimes such as: rape
underage (18) when the crime happened
insane at the time of execution/mental retardation
rape of child where child does not die

47
Q

death penalty moratorium concerns:

A

innocence
racial bias
effects on victims’ families

48
Q

Imprisonment as Punishment

A

Juveniles may not be sentenced to life without the possibility of parole
Offenders may not be imprisoned beyond the statutory maximum period solely because of inability to pay a fine.

49
Q

Monetary fines

A

Monetary fines payable by the convicted offender are frequently used.
In most states, the maximum fine for any designated criminal act is set by statute.

50
Q

PA 3 strikes

A

Pennsylvania has two- and three-strikes laws that mandate minimum terms of 10 and 25 years, respectively.

51
Q

pa 3 strikes felonies

A

If the defendant has two previous “serious” felony convictions, a life sentence is mandatory

52
Q

serious felony vs non serious felony

A

Serious felonies: rape and murder, burglary, and other thefts.
nonserious felonies: petty theft or even possession of a minor amount of drugs for personal use.

Criminal law (8 decks)

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