Chapter 1 Powerpoint pt.1 Flashcards
________ ____ is the foundation of the criminal justice system.
Criminal law
Law defines the ________ that may lead to an arrest.
conduct
_____ defines the conduct that may lead to an arrest.
Law
Law defines the conduct that may lead to an _______.
arrest
States condemn a range of acts and/or specific activities in their _______ ______.
criminal codes.
What is the most common thing commentators stress as the important feature of a crime?
It’s an act that is officially condemned by the community and carries a sense of shame and humiliation.
What is crime?
Crime is whatever the law declares to be a criminal offense and punishes with a penalty.
Crime is whatever the law declares to be a _______ ________ and punishes with a penalty.
criminal offense
Crime is whatever the law declares to be a criminal offense and punishes with a ________.
penalty
______ is whatever the law declares to be a criminal offense and punishes with a penalty.
Crime
______ is subject to formal condemnation by a judge and jury representing the people in a court of law.
Crime
Crime is subject to formal condemnation by a ______ and _____ representing the people in a court of law.
judge
jury
Professor Henry M. Hart Jr. defines crime as “conduct which, if . . . shown to have taken place” will result in the “formal and solemn pronouncement of the ______ condemnation of the ____________.”
moral
community
Professor ______ ___. _____ ___. defines crime as “conduct which, if . . . shown to have taken place” will result in the “formal and solemn pronouncement of the moral condemnation of the community.”
Henry M. Hart Jr.
What is the difference between civil and criminal law purposes?
Civil law is that branch of the law that protects the individual rather than the public interest.
Criminal law is to help maintain social order and stability.
Civil law is that branch of the law that _______ the __________ rather than the public interest.
protects
individual
A legal action for a _____ wrong is brought by an individual rather than by a state prosecutor.
civil
A legal action for a civil wrong is brought by an __________ rather than by a state prosecutor.
individual
Civil and criminal actions are characterized by different legal ___________.
procedures
Civil wrong is established with a preponderance of the evidence or roughly ___% certainty.
51
A legal action for a criminal wrong is brought by a ___________.
prosecutor
Conviction of a crime requires the high standard of ______ _______ __ ___________ ______.
proof beyond a reasonable doubt.
The high standard of proof in criminal cases reflects the fact that a criminal conviction may result in a loss of ______ and significant damage to an individual’s _________ and standing in the _________.
liberty
reputation
community
What type of burden of proof does a criminal or civil case require?
Criminal Cases: Beyond Reasonable Doubt
Civil Cases: By a Preponderance of the Evidence