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
_____ is a civil wrong of harm committed against a person or a person’s property.
Tort
Tort is a civil wrong of harm committed against a _______ or a person’s ________.
person
property
The primary purpose or function of the _______ law is to help maintain social order and stability.
criminal
The primary purpose or function of the criminal law is to help maintain ______ ______ and _______.
social order
stability
List the key aspects of the criminal legal code in New York.
- prevent harm
- provide warning of criminal acts
- define criminal acts
- distinguish seriousness of criminal acts
- impose punishments
- ensure victims’ interests are represented in the process
What is the difference between substantive and procedural law?
Substantive Criminal Law: what law is enforced
Procedural Criminal Law: how the law is enforced
What is latin for a criminal act?
actus reus
What is latin for a criminal intent?
mens rea
_________-act must cause the harm required
Causation
Causation-
act must cause the harm required
Responsibility-____ and ______ must be defined in the statute
act
intent
____________-act and intent must be defined in the statute
Responsibility
Responsibility-act and intent must be defined in the _______
statute
Defenses- _____ is not imposed in the act, was shown to be either justified or excused
guilt
Defenses- guilt is not imposed in the act, was shown to be either ________ or _______
justified
excused
________- guilt is not imposed in the act, was shown to be either justified or excused
Defenses
List the principles of criminal law.
- Substantive Criminal Law
- Procedural Criminal Law
- Criminal Act
- Criminal Intent
- Causation
- Responsibility
- Defenses
Is this civil or criminal law: suing a mechanic who breaches a contract against you
civil law
Is this civil or criminal law: suing a failing landlord
civil law
Is this civil or criminal law: If the landlord failed an entire apartment complex
criminal
Is this civil or criminal law: A drunk driver who hits your car faces both criminal and civil persecutions.
Both; civil for your car damage, & criminal for driving recklessly
_______ and ____________ are the most distinct way of categorizing crime.
Felonies
Misdemeanors
True or False: Violations and Infractions are so minor that imprisonment is often prohibited.
True
The constitution states that “moral” crime violations can lead to ___________.
deportation
