Chapter 1 Terms Flashcards

1
Q

punishable by the death penalty or by life imprisonment in states without the death penalty

A

capital felony

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2
Q

protects the individual rather than societal interest

A

civil law

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3
Q

acts or omissions are only punishable that are contained in the state criminal code

A

code jurisdiction

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4
Q

crimes developed by the common law judges in England and supplemented by acts of arliament and decrees issued by the king

A

common law crimes

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5
Q

the common law may be applied where the legislature has not acted

A

common law states

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6
Q

conduct that, if shown to have taken place, will result in a formal and solemn pronouncement of the moral condemnation of the community

A

crime

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7
Q

investigation and detection of crime by the police and the procedures used at trial

A

criminal procedure

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8
Q

individual charged with a crime and who is standing trial

A

defendant

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9
Q

being prosecuted twice for the same crime

A

double jeopardy

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10
Q

sharing of power between federal and state governments. Each has

A

dual sovereignty

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11
Q

federal criminal statutes

A

federal criminal code

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12
Q

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

A

felony

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13
Q

punishable by between 6 and 12 months in prison

A

gross misdemeanor

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14
Q

deserving of shame or disgrace

A

infamous crimes

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15
Q

punishable by a fine

A

infractions

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16
Q

constitutional power of U.S. Congress to regulate commerce amoung the states

A

interstate commerce clause

17
Q

crimes that are inherently evil

A

mala in se

18
Q

crimes that are not inherently evil

A

mala prohibita

19
Q

punishable by less than a year in prison

A

misdemeanor

20
Q

an influential criminal code drafted by prominent academics, practitioners, and judges, affiliated with the American Law Institute to encourage state legislatures to adopt a uniform approach to the criminal law

A

Model Penal Code

21
Q

punsihable by less than six months in prison

A

petty misdemeanor

22
Q

duty to protect the well-being and tranquility of the community

A

police power

23
Q

federal law is superior to state law in areas reserved to the national government

A

preemption doctrine

24
Q

a state receives the comon law as an unwritten part of a state’s criminal law

A

reception statutes

25
specific crimes, defenses, and general principles
substantive criminal law
26
the clause in the U.S. Constitution that provides that federal laws take precedence over state laws
Supremacy Clause
27
civil action for injury to an individual or to his or her property
tort
28
minor crimes punsihable by fines and not subject to imprisonment. Also called infractions.
violation