Chapter 1 & 2 Flashcards
Affirmative act
An action that someone engages in (i.e. punching someone)
Omission
Inaction or an action that someone fails to take (i.e. failure to seek assistance after a person has hit a pedestrian)
Working definition of crime
An act or omission punishable by the government through the enforcement of its criminal law
“Crimes”
Actions or inactions that society deems both wrong and punishable, BUT not all wrongs are crimes
Offenses that society considers to be wrong and morally unacceptable
Mala in Se
Actions that are considered wrong because they violate the law
Mala prohibita
Theft, murder, kidnapping, arson, mayhem, rape
Mala in Se
Hunting restrictions, seat belt laws, building without a permit, prohibiting alcohol purchases, littering, draft evasion
Mala prohibita
___ is drawn from historical and contemporary sources
Criminal law
Sources of where criminal law is drawn:
English common law, U.S. Constitution, Legislation (federal/state), administrative regulations, executive orders
“Judge-made” law is otherwise known as
Common law
Why have states abolished common law crimes and replaced them with statutory crimes?
- Constitutional prohibition against ex-post facto laws
- Does not promote uniform laws across states
- Legal outcomes are less predictable as different judges read different conclusion
___ applies to conduct that affects interstate commerce, federal employees, federal property, and federal lands
Federal legislation
Most criminal cases are prosecuted under ___
State laws
“All municipalities are empowered to enact laws that punish low-level, non-felony offenses”
Municipal ordinances
- Created a set of “best practices” in drafting
- Concerned with coherence, consistency, and clarity
- Encouraged uniformity across states
Model Penal Code
Felony convictions subject offenders to…
More than a year behind bars, can result in a fine, can also mean disenfranchisement
Misdemeanors can result in…
A jail sentence of up to one year or a fine
___ are petty offenses that are just to fines and not jail time
Infractions
A ___ is a civil action (i.e. homeowner suing a construction company for failure to compete the work on a house)
Tort
What is the goal with a tort action?
To force someone to pay money damage for causing harm
Only ___ can give rise to capital punishment
Aggravated murder (i.e. killing an on-duty police officer, killing two or more people, killing someone during a burglary)
Article 1 of the U.S. Constitution prohibits ___ laws
Ex-post facto
___ punish conduct that was not unlawful at the time the said crime was committed
Ex-post facto laws
Structure of the criminal justice system
Law enforcement (including prosecutors, courts and advocates, corrections)
Five rights are promised: freedom of speech, religion, press, assembly, right to petition the state for redress of grievances
First amendment
Right to bear arms
Second amendment
Guarantees due process for federal laws; laws must provide the public with notice as to which activities are criminal (can be struck down as “void for vagueness”)
Fifth amendment
Prohibition against cruel and unusual punishment, specifically to post-conviction punishments
Eighth amendment
Includes Equal Protection Clause (treat people equally)
Fourteenth amendment
Three categories of speech that are NOT protected
Obscenity, fighting words/hate speech, language that causes a clear and present danger
