Chapter 3: Criminal Law

Question 1

Four general purposes of law are to:

Answer 1

1. Establish standards of behavior
2. Maintain order
3. Resolve disputes
4. Protect rights and liberties.

Question 2

What do laws do?

Answer 2

Here are few more specific things that the law is designed to do:

Regulate a peaceful society

Regulate relationships between people

Promote moral beliefs

Regulate economic relationships

Regulate social change

Identify criminals

Authorize punishments

Question 3

ESP + T

Answer 3

Another way to get a sense of the rule of law is to look at different countries around the world and their level of stability. Four areas to focus on in any country or society, in this regard, are their economics, sociology, politics and technology

Question 4

Victim/Injured party

Answer 4

Complainant (criminal) or Plaintiff (civil)

Question 5

Criminal/Offender

Answer 5

Defendant

Question 6

Substantive Law

Answer 6

defines crimes / violations and punishments

Question 7

Procedural Law

Answer 7

defines the rules/ procedures to use in applying substantive law

Question 8

Civil law

Answer 8

Civil law is the set of formal rules that regulates disagreements between private parties and is most concerned with matters of personal injury and compensation to the victim.

Question 9

Tort

Answer 9

The formal term for a civil violation or a civil wrong is tort. Tort comes from the latin term “tortum” which means “wrong”.

Question 10

The primary purpose of tort

Answer 10

The primary purpose of tort/civil law is to compensate the plaintiff

Question 11

Types of Tort/Civil Law

Answer 11

Libel = published false statement

Slander = false spoken statement

False Imprisonment

Assault and Battery

Negligent Injury or Death

Products Liability

Trespassing

Question 12

Similarities between Civil and Criminal Law

Answer 12

Both are designed to control behavior

Both may require or prohibit certain actions

Both permit the government to impose penalties

Both may impose financial penalties

Both may result in social stigma

Question 13

Differences between Civil Law and Criminal Law

Answer 13

Crimes are public offenses, civil wrongs are private offenses

Crimes are punishable by incarceration, civil wrongs are punishable by fines

Governments bring criminal actions, individuals bring civil actions

Fines from crime go to the government, fines from civil wrongs go to the damaged party

Question 14

There are three categories of damages:

Answer 14

1. Actual Damages = designed to make one whole again
2. Compensatory Damages = designed to compensate for the future
3. Punitive Damages = designed to punish or send a message

Question 15

Sources of Criminal Law

Answer 15

1. Constitutions
2. Statutes
3. Court Decisions
4. Administrative Regulations

Question 16

Stare Decisis

Answer 16

The literal translation for this Latin term is “to stand by things decided” or “let the decision stand”.

Question 17

Mala in Se

Answer 17

Wrong in itself

Question 18

Mala Prohibita

Answer 18

Wrong because the law says so

Question 19

Limits on Criminal Law

Answer 19

Jurisdiction

Vagueness

Repeal/Amendment of Statute

Cruel and Unusual Punishment

Equal Protection and Due Process

Other constitutional limitations; freedom of speech, religion, press, assembly, 4th & 5th amendments

Question 20

Two Levels of Criminal Justice in the United States

Answer 20

1. State

2. Federal

Question 21

Due Process

Answer 21

Due Process is the legal protection that is guaranteed to all citizens by the U.S. Constitution and guarantees the right to be adjudicated under established law and procedures.

The two main goals of due process are accuracy and fairness.

Question 22

Three Elements of a Crime

Mens Rea

Answer 22

Guilty Mind

Question 23

Three Elements of a Crime

Actus Reus

Answer 23

Guilty Act

Question 24

Three Elements of a Crime

Attendant Circumstances

Answer 24

Causal Link

Question 25

Three Categories of Crime

Answer 25

Felonies = punishable by a year or more of incarceration

Misdemeanors = punishable by up to one year of incarceration

Infractions = monetary fines / lowest level

Question 26

Here’s what it says in the 6th:

Answer 26

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense”

Question 27

Six Main Types of Criminal Defenses

Answer 27

1. Consent
2. Self-defense
3. Entrapment
4. Double Jeopardy
5. Mistake, Compulsion or Necessity
6. Boutique or Designer Defenses

Question 28

Consent

Answer 28

Self-defense

Entrapment

Double Jeopardy

Mistake, compulsion or necessity

Compulsion/coercion

Necessity

Boutique or designer defenses

Question 29

Four instances where insanity is argued;

Answer 29

1. At the time the crime was committed
2. At the time of trial (competency)
3. During incarceration
4. Just prior to execution

Question 30

The Latin phrase Semper Ubi Sub Ubi means…

Answer 30

Always Wear Under Wear

Question 31

According to the above video, the rule of law requires?

Answer 31

Stare Decisis

Question 32

Match the U.S. Regulatory Agency with its’ main function

Answer 32

EPA
Protect the environment

OSHA
Protect the workplace

FDA
Protect food

FAA
Protect air travel

FTC
Protect free and fair trade

FCC
Regulates communication

Question 33

According to the Due Process video, most criminal cases are brought by?

Answer 33

State government

Question 34

What type of crime is usually associated with a consent defense?

Answer 34

Sexual Assault