Chapter 1 Flashcards
What is a rule of conduct?
Generally found in the form of a “statute” which mandates a certain behavior
What is the purpose of criminal law?
To establish limits on certain human behavior or activity considered harmful to society
Section 20 of Penal Code
Act and intent
What is crime as defined by the california penal code sec 15?
- )public offense against the state
- )must include punishment or legal sanction
- )must be written “in the books”
- )must EXIST at the TIME the ACCUSED COMMITTED THE ACT in question ((No Ex Post Facto))
What is the Rule of Law
Te principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced
What is Anarchy?
A state of disorder due to absence or nonrecognition of authority. Absence of government and absolute freedom to the individual…chaos..
What are the sources of law?
-US Constitution
(California constitution)
-Legislative law-penal code
(Codified statutes)
-Case Law
What is the latin origin for “Evil in themselves”?
Mala in se
What is the latin term for something wrong merely because it is prohibited by statute?
Mala Prohibita
What is unique about the Code of Hammurabi?
One of the earliest known written codes of law
What is a tort?
A civil wrong…ranges from damage to an automobile during a car accident to killing someone. (A civil suit)
Describe Natural Law
Used in the declaration of independence, “certain unalienable rights”
Norms:
Expectations regarding what behavior is considered socially acceptable
Folkways:
The ordinary usages and conventions of everyday life; conformity to such norms is expected, but violations are not regarded as immoral
Mores:
Powerful norma that are regarded as morally significant; violations are considered a serious matter
