Chapter 1 Powerpoint pt. 2 Flashcards
What are the categories of crime?
- felony
- misdemeanor
- mala in se
- mala prohibita
a serious crime punishable by death or imprisonment for more than one year
felony
a more minor offense punishable by up to one year in jail
misdemeanor
a crime that is inherently evil
mala in se
a crime that is such because society has prohibited it
mala prohibita
True or False: a misdemeanor can last up to a year in jail
true
True or False: a felony can last up to one year
False; imprisonment for more than one year
List the different subject matters of crime.
- Crimes against the state
- Crimes against the person, homicide
- Crimes against the person, sexual offenses and other crimes
- Crimes against habitation
- Crimes against property
- Crimes against public order
- Crimes against the administration of justice
- Crimes against public morals
What is the foundation of American criminal law?
Common Law
Common Law was transported from _________ to the American colonies and was adopted by the 13 original states following the American Revolution.
England
Common Law was transported from England to the American colonies and was adopted by the ___ original states following the ________ _________.
13
American Revolution
_______ ____ was transported from England to the American colonies and was adopted by the 13 original states following the American Revolution.
Common Law
_______ _____ can be traced to the Norman conquest of England in 1066
Common Law
Common Law can be traced to the _______ ________ of ________ in 1066
Norman conquest
England
Common Law can be traced to the Norman conquest of England in ______
1066
Common Law was established in the ___th century by King William the Conqueror in ________
11
England
Common Law was established in the 11th century by King ________ the _________ in England.
William
Conqueror
When Common Law was first established it was for the purpose of providing uniform law to be _________ by English judges.
enforced
When Common Law was first established it was for the purpose of providing uniform law to be enforced by _______ ______.
English judges
Why were State Criminal Codes established?
Under the belief that citizens should have the opportunity to know the law.
As America and her legal code grew, _______ ____ was slowly abandoned.
common law
Which three states are example of common law states?
Florida, Missouri, and Arizona
What is a reception statute?
A statute that provides that the states “receive” the common law as an unwritten part of their criminal law.
Which states have reception statutes?
Florida, Missouri, and Arizona
What are some of the broad powers that state governments possess?
State governments possess the broad power to promote the public health, safety, and welfare of the residents of the state.
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”.
community
prohibit
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”.
protect
evil
harm
The Supreme Court proclaimed that police power includes what rights?
Includes the right to:
- lay out zones where family values
- youth values
- the blessings of quiet seclusion
- clean air make the area a sanctuary for people
The Model Penal Code was established in _____ for the purpose of unifying criminal law across the states.
1962
The ______ ______ _____ was established in 1962 for the purpose of unifying criminal law across the states.
Model Penal Code
The Model Penal Code was established in 1962 for what purpose?
For the purpose of unifying criminal law across the states.
State legislatures in formulating the content of criminal codes have been profoundly influenced by the ______ _____ _____.
Model Penal Code
_____ __________ in formulating the content of criminal codes have been profoundly influenced by the Model Penal Code.
State legislatures
State legislatures in formulating the content of _______ _____ have been profoundly influenced by the Model Penal Code.
criminal codes
The Model Penal Code is purely ________.
advisory
Roughly ___ states have adopted varying parts of the Model Penal Code.
37
True or False: No state has adopted the entire Model Penal Code.
True
Which states most closely follow the Model Penal Code?
New Jersey, New York, Pennsylvania, and Oregon.
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 _______ ____.
Congress
common law
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.
1812
U.S. Supreme Court
Federal Statutes are criminal laws enacted by the ______ __________ as allowed by the U.S. Constitution.
federal government
________ _______ are criminal laws enacted by the federal government as allowed by the U.S. Constitution.
Federal Statutes
Federal Statutes are criminal laws enacted by the federal government as allowed by the ____ __________.
U.S. Constitution
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)
supremacy clause
Is this a supremacy or interstate commerce clause: allows the federal government to regulate activity relating to interstate commerce
interstate commerce clause
Dual sovereignty is the sharing of powers between the ________ and _____ governments.
federal
state
_____ __________ is the sharing of powers between the federal and state governments.
Dual sovereignty
State and local laws may not regulate an area that is reserved for the _______ government.
federal
_______ laws may not encroach upon state power.
Federal
Federal laws may not encroach upon _____ power.
state
True or False: Laws may not infringe upon the fundamental civil and political rights of individuals regardless of circumstances.
False; Laws may only infringe upon the fundamental civil and political rights of individuals in compelling circumstances.
Laws must be clearly written and provide notice to ________ and to the ________ of the conduct that is prohibited.
citizens
police
Laws may also not be _________ and punish acts that were not crimes at the time they were committed (ex post facto).
retroactive
