Chapter 1 & 2

Question 1

Affirmative act

Answer 1

An action that someone engages in (i.e. punching someone)

Question 2

Omission

Answer 2

Inaction or an action that someone fails to take (i.e. failure to seek assistance after a person has hit a pedestrian)

Question 3

Working definition of crime

Answer 3

An act or omission punishable by the government through the enforcement of its criminal law

Question 4

“Crimes”

Answer 4

Actions or inactions that society deems both wrong and punishable, BUT not all wrongs are crimes

Question 5

Offenses that society considers to be wrong and morally unacceptable

Answer 5

Mala in Se

Question 6

Actions that are considered wrong because they violate the law

Answer 6

Mala prohibita

Question 7

Theft, murder, kidnapping, arson, mayhem, rape

Answer 7

Mala in Se

Question 8

Hunting restrictions, seat belt laws, building without a permit, prohibiting alcohol purchases, littering, draft evasion

Answer 8

Mala prohibita

Question 9

___ is drawn from historical and contemporary sources

Answer 9

Criminal law

Question 10

Sources of where criminal law is drawn:

Answer 10

English common law, U.S. Constitution, Legislation (federal/state), administrative regulations, executive orders

Question 11

“Judge-made” law is otherwise known as

Answer 11

Common law

Question 12

Why have states abolished common law crimes and replaced them with statutory crimes?

Answer 12

1. Constitutional prohibition against ex-post facto laws
2. Does not promote uniform laws across states
3. Legal outcomes are less predictable as different judges read different conclusion

Question 13

___ applies to conduct that affects interstate commerce, federal employees, federal property, and federal lands

Answer 13

Federal legislation

Question 14

Most criminal cases are prosecuted under ___

Answer 14

State laws

Question 15

“All municipalities are empowered to enact laws that punish low-level, non-felony offenses”

Answer 15

Municipal ordinances

Question 16

• Created a set of “best practices” in drafting
• Concerned with coherence, consistency, and clarity
• Encouraged uniformity across states

Answer 16

Model Penal Code

Question 17

Felony convictions subject offenders to…

Answer 17

More than a year behind bars, can result in a fine, can also mean disenfranchisement

Question 18

Misdemeanors can result in…

Answer 18

A jail sentence of up to one year or a fine

Question 19

___ are petty offenses that are just to fines and not jail time

Answer 19

Infractions

Question 20

A ___ is a civil action (i.e. homeowner suing a construction company for failure to compete the work on a house)

Answer 20

Tort

Question 21

What is the goal with a tort action?

Answer 21

To force someone to pay money damage for causing harm

Question 22

Only ___ can give rise to capital punishment

Answer 22

Aggravated murder (i.e. killing an on-duty police officer, killing two or more people, killing someone during a burglary)

Question 23

Article 1 of the U.S. Constitution prohibits ___ laws

Answer 23

Ex-post facto

Question 24

___ punish conduct that was not unlawful at the time the said crime was committed

Answer 24

Ex-post facto laws

Question 25

Structure of the criminal justice system

Answer 25

Law enforcement (including prosecutors, courts and advocates, corrections)

Question 26

Five rights are promised: freedom of speech, religion, press, assembly, right to petition the state for redress of grievances

Answer 26

First amendment

Question 27

Right to bear arms

Answer 27

Second amendment

Question 28

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”)

Answer 28

Fifth amendment

Question 29

Prohibition against cruel and unusual punishment, specifically to post-conviction punishments

Answer 29

Eighth amendment

Question 30

Includes Equal Protection Clause (treat people equally)

Answer 30

Fourteenth amendment

Question 31

Three categories of speech that are NOT protected

Answer 31

Obscenity, fighting words/hate speech, language that causes a clear and present danger