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Criminal Justice 130 Survey of Criminal Law > Chapter 1 Powerpoint pt. 2 > Flashcards

Chapter 1 Powerpoint pt. 2 Flashcards

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1
Q

What are the categories of crime?

A
  1. felony
  2. misdemeanor
  3. mala in se
  4. mala prohibita
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2
Q

a serious crime punishable by death or imprisonment for more than one year

A

felony

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3
Q

a more minor offense punishable by up to one year in jail

A

misdemeanor

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4
Q

a crime that is inherently evil

A

mala in se

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5
Q

a crime that is such because society has prohibited it

A

mala prohibita

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6
Q

True or False: a misdemeanor can last up to a year in jail

A

true

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7
Q

True or False: a felony can last up to one year

A

False; imprisonment for more than one year

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8
Q

List the different subject matters of crime.

A
  1. Crimes against the state
  2. Crimes against the person, homicide
  3. Crimes against the person, sexual offenses and other crimes
  4. Crimes against habitation
  5. Crimes against property
  6. Crimes against public order
  7. Crimes against the administration of justice
  8. Crimes against public morals
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9
Q

What is the foundation of American criminal law?

A

Common Law

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10
Q

Common Law was transported from _________ to the American colonies and was adopted by the 13 original states following the American Revolution.

A

England

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11
Q

Common Law was transported from England to the American colonies and was adopted by the ___ original states following the ________ _________.

A

13

American Revolution

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12
Q

_______ ____ was transported from England to the American colonies and was adopted by the 13 original states following the American Revolution.

A

Common Law

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13
Q

_______ _____ can be traced to the Norman conquest of England in 1066

A

Common Law

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14
Q

Common Law can be traced to the _______ ________ of ________ in 1066

A

Norman conquest

England

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15
Q

Common Law can be traced to the Norman conquest of England in ______

A

1066

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16
Q

Common Law was established in the ___th century by King William the Conqueror in ________

A

11

England

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17
Q

Common Law was established in the 11th century by King ________ the _________ in England.

A

William

Conqueror

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18
Q

When Common Law was first established it was for the purpose of providing uniform law to be _________ by English judges.

A

enforced

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19
Q

When Common Law was first established it was for the purpose of providing uniform law to be enforced by _______ ______.

A

English judges

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20
Q

Why were State Criminal Codes established?

A

Under the belief that citizens should have the opportunity to know the law.

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21
Q

As America and her legal code grew, _______ ____ was slowly abandoned.

A

common law

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22
Q

Which three states are example of common law states?

A

Florida, Missouri, and Arizona

23
Q

What is a reception statute?

A

A statute that provides that the states “receive” the common law as an unwritten part of their criminal law.

24
Q

Which states have reception statutes?

A

Florida, Missouri, and Arizona

25
Q

What are some of the broad powers that state governments possess?

A

State governments possess the broad power to promote the public health, safety, and welfare of the residents of the state.

26
Q

State police power is the “duty . . . to protect the well-being and tranquility of a _________” and to “________ acts or things reasonably thought to bring evil or harm to its people”.

A

community

prohibit

27
Q

State police power is the “duty . . . to _______ the well-being and tranquility of a community” and to “prohibit acts or things reasonably thought to bring _____ or _____ to its people”.

A

protect
evil
harm

28
Q

The Supreme Court proclaimed that police power includes what rights?

A

Includes the right to:

  1. lay out zones where family values
  2. youth values
  3. the blessings of quiet seclusion
  4. clean air make the area a sanctuary for people
29
Q

The Model Penal Code was established in _____ for the purpose of unifying criminal law across the states.

A

1962

30
Q

The ______ ______ _____ was established in 1962 for the purpose of unifying criminal law across the states.

A

Model Penal Code

31
Q

The Model Penal Code was established in 1962 for what purpose?

A

For the purpose of unifying criminal law across the states.

32
Q

State legislatures in formulating the content of criminal codes have been profoundly influenced by the ______ _____ _____.

A

Model Penal Code

33
Q

_____ __________ in formulating the content of criminal codes have been profoundly influenced by the Model Penal Code.

A

State legislatures

34
Q

State legislatures in formulating the content of _______ _____ have been profoundly influenced by the Model Penal Code.

A

criminal codes

35
Q

The Model Penal Code is purely ________.

A

advisory

36
Q

Roughly ___ states have adopted varying parts of the Model Penal Code.

A

37

37
Q

True or False: No state has adopted the entire Model Penal Code.

A

True

38
Q

Which states most closely follow the Model Penal Code?

A

New Jersey, New York, Pennsylvania, and Oregon.

39
Q

As early as 1812, the U.S. Supreme Court proclaimed that federal courts were required to follow the law established by ________ and were not authorized to apply the _______ ____.

A

Congress

common law

40
Q

As early as _____, the ____ ________ ______ proclaimed that federal courts were required to follow the law established by Congress and were not authorized to apply the common law.

A

1812

U.S. Supreme Court

41
Q

Federal Statutes are criminal laws enacted by the ______ __________ as allowed by the U.S. Constitution.

A

federal government

42
Q

________ _______ are criminal laws enacted by the federal government as allowed by the U.S. Constitution.

A

Federal Statutes

43
Q

Federal Statutes are criminal laws enacted by the federal government as allowed by the ____ __________.

A

U.S. Constitution

44
Q

Is this a supremacy or interstate commerce clause: federal law is superior to state law within those areas that are related to the preservation of the national government (aka the preemption doctrine)

A

supremacy clause

45
Q

Is this a supremacy or interstate commerce clause: allows the federal government to regulate activity relating to interstate commerce

A

interstate commerce clause

46
Q

Dual sovereignty is the sharing of powers between the ________ and _____ governments.

A

federal

state

47
Q

_____ __________ is the sharing of powers between the federal and state governments.

A

Dual sovereignty

48
Q

State and local laws may not regulate an area that is reserved for the _______ government.

A

federal

49
Q

_______ laws may not encroach upon state power.

A

Federal

50
Q

Federal laws may not encroach upon _____ power.

A

state

51
Q

True or False: Laws may not infringe upon the fundamental civil and political rights of individuals regardless of circumstances.

A

False; Laws may only infringe upon the fundamental civil and political rights of individuals in compelling circumstances.

52
Q

Laws must be clearly written and provide notice to ________ and to the ________ of the conduct that is prohibited.

A

citizens

police

53
Q

Laws may also not be _________ and punish acts that were not crimes at the time they were committed (ex post facto).

A

retroactive

Criminal Justice 130 Survey of Criminal Law (47 decks)

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