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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

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2
Q

Civil Law (governs & violations)

A

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

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

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3
Q

Civil Case (details)

A

Plaintiff v. Defendant

Burden of Proof: Preponderance of the evidence

Punishments: financial

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4
Q

Criminal Cases (details)

A

Brought by government

Burden of Proof: Beyond a reasonable doubt

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5
Q

Beyond a reasonable doubt

A

Highest burden of proof; requires elimination of every reasonable doubt

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6
Q

Clear and convincing evidence

A

Requires firm belief and conviction of the truth

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7
Q

Preponderance of the evidence

A

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

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8
Q

Probable cause

A

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

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9
Q

Reasonable suspicion

A

An officer needs specific articulable facts for a stop

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10
Q

Criminal Cases (Punishment)

A

Depends on the crime:

Probation

Incarceration

Execution

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11
Q

Types of criminal laws

A

Federal

State

Municipal

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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

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13
Q

Federal Criminal Law (examples)

A

Firearms, drugs, money laundering and fraud

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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

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15
Q

Municipal Laws

A

Most limited

Applies to specific city/town

Cases: infractions/misdemeanors

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16
Q

Infraction

A

violation punishable by fine/no jail sentence

Example: traffic violation, jaywalking, disturbing the peace

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17
Q

History of Law: Code of Hamumurabi

A

1754 BCE

282 codified laws

Lex talionis: punishment should fit the nature of the crime

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18
Q

History of Law: Roman Law

A

449 BCE

Twelve Tables

Emergence of first legal scholars

Influenced Western Law

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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

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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
Q

First Amendment

A

Freedom of: religion, speech, press and right to assembly

26
Q

Second Amendment

A

Right to bear arms

27
Q

Fourteenth Amendment

A

Extends due process protections to the states

28
Q

Sources of Law

A

Constitutional Law

Statutory Law

Administrative Law

Case Law

29
Q

Statutory Law

A

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
Q

Administrative Law

A

Governs the creation/function of state/federal agencies and it identifies powers granted to agencies

31
Q

Primary Source for administrative law

A

Federal Administrative Procedure Act (APA)

32
Q

International Law (details)

A

Governs: regulations between nations

Topics incl.: human rights, international’s crime, refugee and migration issues, conditions of war, and global issues

33
Q

United Nations (international law)

A

Founded in 1945

34
Q

International Court of Justice (international law)

A

Judicial entity within the United Nations

35
Q

Case Law

A

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
Q

Bodies that define Criminal Law

A

Municipal Law

State Law

Federal Law

International Law

37
Q

Categories of criminal law

A

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
Q

Components of a criminal act

A

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
Q

Procedural Criminal Law

A

How cases should move through the system, rules and regulations, and the roles and responsibilities

Designed to protect defendant’s constitutional rights

40
Q

Criminal Defenses

A

Necessity, Duress and Entrapment

Self-Defense

Intoxication

Insanity

41
Q

Necessity, Duress and Entrapment

A

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
Q

Self Defense

A

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
Q

Intoxication

A

Defendant in an intoxicated state and lacked the mens rea to commit the act

This defense rarely successful

44
Q

Insanity

A

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
Q

Standard to Insanity defense

A

M’Naghten rule

Irresistible Impulse Test

Model Penal Code

Guilty but Mentally Ill

46
Q

M’Naghten Rule

A

Situations when the defendant is unable to understand the difference between right/wrong at the time of crime

47
Q

Irresistible Impulse Test

A

Expansion of M’Naghten Rule; even if offender knows an action is wrong, they are unable to refrain from engaging in the act

48
Q

Model Penal Code

A

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
Q

Guilty but Mentally Ill

A

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)

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