Chapter 1

Question 1

Burden of production

Answer 1

Must put on evidence

Question 2

Defenses

Answer 2

Burden(s) MAY be on the defendant

Preponderance (more likely than not)

Question 3

Special deterrence

Answer 3

Individual who suffers consequences won’t recidivate

Question 4

General Deterrence

Answer 4

Rational population will avoid crime if they know the consequences

Question 5

Burden of Persuasion

Answer 5

Must Prove the point

Question 6

Malum Prohibitum

Answer 6

Evil because a law says so (parking w/o a permit)

Question 7

Malum in se

Answer 7

Evil in itself

Ex. Murder

Question 8

Felonies

Answer 8

State prison

More than 1 yr

Question 9

Misdemeanors

Answer 9

Local jail & or fine

Less than 1 yr

Question 10

Rational Criminal Law

Answer 10

• general principles, not whims of judges/legislators
• general principles apply to all crimes
• punishment graded by
  + seriousness of harm; and
  + blameworthiness of conduct
• Nor greater penalty than punishment & prevention

Question 11

Stare Decisis

Answer 11

Court decisions define the law

Question 12

Social Norms

Learned behavior from?

Answer 12

• parents
• family
• teachers
• religious figures
• authority figures
• sporting teams & social clubs
• friends

Question 13

Conviction & punishment is a formal public condemnation backed up by weight of whole community’s moral judgement

Question 14

Who drafted the Model penal code

Answer 14

American law institute