Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Intro to Criminal Justice > Chapter 2: Concepts of Law and Justice > Flashcards

Chapter 2: Concepts of Law and Justice Flashcards

1
Q

Types of law

A

Civil and Criminal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Civil Law (governs & violations)

A

Governs disputes between individual/private parties (incl. corporations)

Violations of private acts: contracts, property disputes, family law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Civil Case (details)

A

Plaintiff v. Defendant

Burden of Proof: Preponderance of the evidence

Punishments: financial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Criminal Cases (details)

A

Brought by government

Burden of Proof: Beyond a reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Beyond a reasonable doubt

A

Highest burden of proof; requires elimination of every reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Clear and convincing evidence

A

Requires firm belief and conviction of the truth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Preponderance of the evidence

A

Greater weight of evidence; accusations are more likely than not to be true; standard in civil cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Probable cause

A

Fact/circumstances would lead an ordinary person to believe a crime may have been committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Reasonable suspicion

A

An officer needs specific articulable facts for a stop

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Criminal Cases (Punishment)

A

Depends on the crime:

Probation

Incarceration

Execution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Types of criminal laws

A

Federal

State

Municipal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Federal Criminal Laws

A

Enacted by Judicial Branch

Govern activities within: Fed govt. buildings, natl. parks, and tribal land and crimes across state lines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Federal Criminal Law (examples)

A

Firearms, drugs, money laundering and fraud

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

State Criminal Laws

A

Prohibit behavior under 10th Amendment

Laws apply to geographic jurisdiction of a state

Behavior definition varies from state to state

Punishments: vary from state to state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Municipal Laws

A

Most limited

Applies to specific city/town

Cases: infractions/misdemeanors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Infraction

A

violation punishable by fine/no jail sentence

Example: traffic violation, jaywalking, disturbing the peace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

History of Law: Code of Hamumurabi

A

1754 BCE

282 codified laws

Lex talionis: punishment should fit the nature of the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

History of Law: Roman Law

A

449 BCE

Twelve Tables

Emergence of first legal scholars

Influenced Western Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

History of Law: English Common Law

A

Middle Ages

Henry II (1154-1189 CD)

Stare Decisis: “to stand by things settled”

Precedent: take into consideration previous rulings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Sources of Law: Constitutional Law

A

Written in 1787 (Philadelphia)/ratified in 1788

Highest law in land: binding on all US states, DC, and US territories

Bill of right: first ten amendments

Due Process guarantees

21
Q

Fourth Amendment

A

Protection against: unreasonable searches/seizures, warrant requirements, and certain exceptions

22
Q

Fifth Amendment

A

Double jeopardy and self incrimination

23
Q

Sixth Amendment

A

Speedy trial, impartial jury, notice of charges, confrontation of witnesses, presenting witnesses, and right to an attorney

24
Q

Eight Amendment

A

Cruel/unusual punishment and excessive bail

25
First Amendment
Freedom of: religion, speech, press and right to assembly
26
Second Amendment
Right to bear arms
27
Fourteenth Amendment
Extends due process protections to the states
28
Sources of Law
Constitutional Law Statutory Law Administrative Law Case Law
29
Statutory Law
Laws established by govts. Federal: created by Congress who introduce a bill to the House and Senate State: proposed by members of a states' legislature
30
Administrative Law
Governs the creation/function of state/federal agencies and it identifies powers granted to agencies
31
Primary Source for administrative law
Federal Administrative Procedure Act (APA)
32
International Law (details)
Governs: regulations between nations Topics incl.: human rights, international's crime, refugee and migration issues, conditions of war, and global issues
33
United Nations (international law)
Founded in 1945
34
International Court of Justice (international law)
Judicial entity within the United Nations
35
Case Law
Is the result of legal decisions by the court Interpretations of law are called precedent Involve judge or panel of judges Linked to statutory law
36
Bodies that define Criminal Law
Municipal Law State Law Federal Law International Law
37
Categories of criminal law
Mala in se: acts are considered inherently illegal (murder) Mala prohibita: are crimes b/c they have been defined under the law as illegal (drug abuse, prostitution, gambling)
38
Components of a criminal act
Actus reus: latin for "evil act" Mens rea: latin for "evil thought" Attendant circumstances: context of the act that makes it a crime Result: harm experienced and intend joining together
39
Procedural Criminal Law
How cases should move through the system, rules and regulations, and the roles and responsibilities Designed to protect defendant's constitutional rights
40
Criminal Defenses
Necessity, Duress and Entrapment Self-Defense Intoxication Insanity
41
Necessity, Duress and Entrapment
Necessity: had to break law to prevent significant harm Duress: forced to violate law out of fear for safety Entrapment: involves actions of govt. officials
42
Self Defense
Fear of own safety; justifies use of force Ex: Castle Law (make my day): allows citizens to protect homes w/force and sometime deadly force
43
Intoxication
Defendant in an intoxicated state and lacked the mens rea to commit the act This defense rarely successful
44
Insanity
Rarely used and person not held responsible as a result of mental state Lacks mens rea to understand actions Punishment would not deter society
45
Standard to Insanity defense
M'Naghten rule Irresistible Impulse Test Model Penal Code Guilty but Mentally Ill
46
M'Naghten Rule
Situations when the defendant is unable to understand the difference between right/wrong at the time of crime
47
Irresistible Impulse Test
Expansion of M'Naghten Rule; even if offender knows an action is wrong, they are unable to refrain from engaging in the act
48
Model Penal Code
Combination of M'Naghten Rule and Irresistible Impulse; person can be found criminal insane if it was the result of a mental disease/defect and they are unable to distinguish between right/wrong or control behavior
49
Guilty but Mentally Ill
Ruling that allows courts to hold offender guilty but acknowledges the issue of mental illness a cause for criminal behavior

Intro to Criminal Justice (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions