Chapter 3: Criminal Law

Question 1

Nature and Purpose of Law

Answer 1

control emotions, curb behavior, and set regulations

Question 1

Law

Answer 1

mandates/prescribes a certain behavior, product of rule creation

Question 2

What is statutory law?

Answer 2

“law on the books”, written and codified laws

Question 3

What is penal code?

Answer 3

written, organized, and compiled form of criminal laws

Question 4

Case law

Answer 4

act as a guide for future decision making through interpretation, from judicial decisions

Question 5

Common law

Answer 5

laws that orginate from usage and customs rather than written

Question 6

Rule of law? Importance?

Answer 6

believes that society must be governed by rules that all citizens and authroties follow equally
- allowed large groups of coordinated people to work together

Question 7

Elements of the Rule of law (4)

Answer 7

freedom of private lawlessness, due process
high degree of objectivity
legal devices for obtaining objectives
limitations of governmental power

Question 8

Jurisprudence

Answer 8

philosophy of law, or science and study of law

Question 9

4 types of laws

Answer 9

Civil, Administrative, Case, Procedural

Question 10

Civil law (Governs who? Examples)

Answer 10

governs relationship among people, business, and organizations
Ex. contracts, divorces, child support

Question 11

What is tort?

Answer 11

wrongful act or damage that does not involve a breach of contract

Question 12

Administrative law (Governs who? Example?)

Answer 12

body of regulations that governments create control within the business
Ex. tax laws, building codes

Question 13

Precedent

Answer 13

principle of law that ensures previous legal case decisions are considered in future similar cases

Question 14

Stare decisis meaning

Answer 14

• standing by decided matters
  requires subsequent cases of similar issue courts be bound to earlier decisions

Question 15

Procedural law

Answer 15

specifies methods to be used in enforcing laws

Question 16

5 General categories of crime

Answer 16

Felonies, Misdemeanors, Offenses (Infractions), Treason/Espionage, Incohate offenses

Question 17

Define felonies, examples, punishment

Answer 17

serious crime punishable by death or incarceration in prison for at least one year
Ex. murder, rape, aggravated assault

Question 18

Define misdemeanors, examples, punishment

Answer 18

minor crimes, incarceration of typically one year or less
Ex. petty theft, simple assault, breaking and entering

Question 19

Infraction, examples, punishment

Answer 19

minor violation of statute/ordinance, punishable by fine
Ex. jaywalking, littering, traffic violation

Question 20

Define Treason/Espionage

Answer 20

Treason- US citizens actions to help foreign entity overthrow, make war, or harm US (Edward Snowden)

Espionage- gathering, transmitting, or losing info related to national defense

Question 21

Difference between Treason + Espionage

Answer 21

Treason is conducted by a US citizen, Espionage is anyone worldwide

Question 22

Inchoate Offense

Answer 22

offense that has not yet been committed, but action or steps have been
Ex. conspiracy, attempts, solicitation

Question 23

General features of crime

Answer 23

Actus reus, mens rea, concurrence

Question 24

Actus reus

Answer 24

-criminal act -person must commit voluntary act for it to be considered a crime -point gun and threaten

Question 25

Mens rea

Answer 25

- a guilty mind - state of mind of the defendant at the time of the crime - 4 levels

Question 26

4 levels of mens rea

Answer 26

purposeful,knowing, reckless, neglient

Question 27

Reckless behavior, examples

Answer 27

partaking in an activity that increases the risk of harm (Ex. reckless driving)

Question 28

Knowing, examples

Answer 28

undertaking an actions with awareness (Ex. dui arrests)

Question 29

Purposeful meaning

Answer 29

action undertaken to achieve a goal

Question 30

Negligent, examples

Answer 30

behavior in which a person fails to perceive substantial risks of dangerous actions (Ex. leaving child in hot car)

Question 31

Motive

Answer 31

persons reason for committing the crime, not the same as men's rea

Question 32

strict liability, examples

Answer 32

offense in which, even if not intentional, person does something that violates (ex. routine traffic stop)

Question 33

Concurrence

Answer 33

requires that mens rea and actus reus occur together for a crime to take place

Question 34

Causation, example

Answer 34

concurrence of guilty mind and criminal act may cause harm -Shooting victim survives, dies 1 year later due to clot.... defense: defendant did not kill

Question 35

Legality

Answer 35

states that behavior is not criminal if there is not a law defining it as criminal

Question 36

Ex post facto

Answer 36

prohibits laws created after a crime cannot be used to punish crimes committed prior

Question 37

Elements of specific criminal offense (4)

Answer 37

1. unlawful killing 2. of a human being 3. intention 4. planning, malice aforethought

Question 38

2 aspects of corpus delicti

Answer 38

1. certain result has been produced= crime 2. person is criminally responsible for the crime

Question 39

Alibi

Answer 39

claim that defendant did not commit crime due to them being elsewhere Ex. photos, plane ticket, phone data

Question 40

Justification

Answer 40

claim of moral high ground, attempting to avoid greater harm than what could have occured

Question 41

Self defense

Answer 41

infliction of harm in order to ensure persons own safety is secure

Question 42

Reasonable force in self-defense

Answer 42

idea that degree of force is proportional to situation

Question 43

Explain resisting an unlawful arrest

Answer 43

states may have a law that permits civilians to use reasonable amounts of force to resist an unlawful arrest or search, IF an officer uses or attempts to use greater force than necessary

Question 44

Explain "excuses"

Answer 44

claims that the defendant who enaged in act is not legally responsible for their actions and should not be held accountable

Question 45

Duress

Answer 45

excuse that claims a threat or cohersion by another convinced someone to act in a way they typically would not

Question 46

Mistake

Answer 46

excuse that states the defendant did not understand the law or fact

Question 47

Involuntary intoxication

Answer 47

excuse that claims a person may have been tricked into consuming drugs -spiked -difficult to prove