Chapter 1 Terms Flashcards

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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
Q

specific crimes, defenses, and general principles

A

substantive criminal law

26
Q

the clause in the U.S. Constitution that provides that federal laws take precedence over state laws

A

Supremacy Clause

27
Q

civil action for injury to an individual or to his or her property

A

tort

28
Q

minor crimes punsihable by fines and not subject to imprisonment. Also called infractions.

A

violation