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Intro to Criminal Justice > Chapter 3 > Flashcards

Chapter 3 Flashcards

1
Q

defines actions that the gov. can punish

A

substantive criminal law

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1
Q

governs business deals, contracts, real estate, & civil harm

A

civil law

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2
Q

defines the rules that govern how the laws will be enforced

A

procedural criminal law

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3
Q

serious crimes, 1+ yr of prison, death penalty

A

felonies

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4
Q

less serious crimes, less than 1 yr jail, probation

A

misdemeanors

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5
Q

minor offenses, punishment small fines

A

civil infractions

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6
Q

acts of crime fulfilled

A

attendant circumstances

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7
Q

act of crime not completed; attempted or conspiracy to commit

A

inchoate/incomplete offenses

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8
Q

7 principles of criminal law

A

legality, actus reus, causation, harm, concurrence, mens rea, punishment

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9
Q

law that defines the specific action as a crime

A

legality

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10
Q

human conduct

A

actus reus

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11
Q

causal relationship between the act & the harm

A

causation

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12
Q

harm to a legally protected value

A

harm

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13
Q

intent & act present at the same time

A

concurrence

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14
Q

guilty state of mind [accident vs crime]

A

mens rea

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15
Q

provision in the law calling for punishment

A

punishment

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16
Q

actions socially acceptable

A

justification defenses

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17
Q

break law to save themselves or prevent greater harm (reasonably)

A

neccessity

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18
Q

immediate danger or serious injury calls one to defend themselves or others (reasonably)

A

self-defense

19
Q

commit crime because they were forced to

A

duress (coercion)

20
Q

induced by police to commit crime

A

entrapment

21
Q

excuses crimes of children under age 7

A

infancy

22
Q

accused made mistake in crucial fact

A

mistake of fact

23
Q

involuntarily intoxicated

A

intoxication

24
Q

mental illness prevented the accused from forming intent

A

insanity

25
Q

defect of reason, disease of mind, “right from wrong test”

A

m’naghten rule

26
Q

mental illness controlled them even though conscious of wrongdoings

A

irresistible impulse test

27
Q

mental disease or mental defect

A

durham rule

28
Q

not able to appreciate the criminality of the act due to mental illness or disease

A

model penal code’s substantial capacity test

29
Q

unable to understand wrongdoing due to mental illness [burden of proof is on defense counsel; if found incompetent committed to mental hospital]

A

comprehensive crime control act (1984)

30
Q

10 amendments added to the u.s constitution in 1791

A

bill of rights

31
Q

case decided that bill of rights protections only applied to actions by the federal gov.

A

barron v. baltimore (1833)

32
Q

persons born in the u.s are citizens & not to be deprived of life, liberty, or property without due process of law & afforded equal protection of the law

A

14th amendment

33
Q

under the due process clause, added that states will provide lawyers for defendants regardless of their ability to pay

A

powell v. alabama (1932)

34
Q

legal concept that states must meet basic standards of fairness

A

fundamental fairness

35
Q

u.s supreme court added to due process clause: 4th, 5th, 6th, 8th amendment [due process clause applied to states]

A

the due process revolution (1953)

36
Q

unreasonable search & seizure, search warrant, limits the ability of the police to use force to detain persons without proper justification

A

fourth amendment

37
Q

self-incrimination, due process, indictment by grand jury, double jeopardy

A

fifth amendment

38
Q

the right to a speedy & public trial, the right to an impartial jury, gideon v. wainwright (1963)

A

sixth amendment

39
Q

excessive bail, excessive fines, cruel & unusual punishments

A

eighth amendment

40
Q

citizens determine if there is sufficient evidence to move forward with a criminal prosecution

A

grand jury

41
Q

only applies to one jurisdiction, can be tried in state & federal court for the same offense

A

double jeopardy

42
Q

requires states to provide free attorneys to low-income defendants

A

gideon v. wainwright (1963)

43
Q

a jury should be a cross section of the community

A

impartial jury

44
Q

excessive bail

A

should be reasonable & proportionate to the alleged crime; can be denied for serious & dangerous offenses [homicide]

45
Q

excessive fines

A

should not exceed the severity of the crime; forfeited property has been considered a fine by the courts

46
Q

cruel & unusual punishments

A

should not be disproportionately more severe than the crime committed

Intro to Criminal Justice (3 decks)

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