Chapter 3 (quiz 3)

Question 1

The U.S __________ is the supreme law of this country.

Answer 1

constitution

Question 2

Any law that violates this document will be declared __________ by the United States Supreme Court.

Answer 2

unconstitutional

Question 3

Laws enacted by legislative bodies are known as _________, while the body of law created by judicial decisions is known as _________ law.

Answer 3

statutes

case/common/judge-made

Question 4

The ________ function of the law is to protect citizens from__________ harm by ensuring their physical safety.

Answer 4

legal

criminal

Question 5

The _______ function of the law is to teach citizens proper behavior and express public __________ by codifying the norms and values of the community.

Answer 5

social

morality

Question 6

_________ law is concerned with disputes between private individuals and other entities, whereas criminal law involves the ___________’s duty to protect society by preventing and prosecuting crimes.

Answer 6

civil

state/government

Question 7

A _______ is a serious crime punishable by more than a year in prison or the death penalty, while a person found guilty of a _________ will usually spend less than a year in jail or pay a fine.

Answer 7

felony

misdemeanor

Question 8

_______ ______ _______ occurs when a homicide is premeditated and deliberate.

Answer 8

first degree murder

Question 9

If there is no premeditation or malice on the part of the offender toward the victim, the homicide is classified as ________.

Answer 9

manslaughter

Question 10

Proof that a crime has been committed is established through the elements of crime, which include the _________, or the physical act of the crime; the _________ _________, or intent to commit the crime; and the ________ of the guilty act and the guilty intent.

Answer 10

actus reus
mens rea
concurrence

Question 11

With ________ ________ crimes, the law determines that a defendant is guilty even if he or she lacked the _________ to perform a criminal act.

Answer 11

strict liability

intent/mens rea/mental state

Question 12

__________ circumstances are those circumstances that accompany the main criminal act in a criminal code, and they must be proved __________ __________ _________ _________, just like any other elements of a crime.

Answer 12

attendant

beyond a reasonable doubt

Question 13

Criminal law recognizes that a defendant may not be ________ for a criminal act if her or his mental state was impaired, by either __________- the psychological inability to separate right from wrong- or _________ due to drugs or alcohol.

Answer 13

responsible
insanity
intoxication

Question 14

Defendants may also claim that the were _______ in committing an act wither because they were under
_________ to perform an act that they would not otherwise have performed or because the were acting in _________-_______ to protect themselves from deadly harm.

Answer 14

justified
duress
self-defense

Question 15

__________ occurs when a government agent deceives a defendant into committing a crime.

Answer 15

entrapment

Question 16

The basis for procedural safeguards for the accused is found in the ________ _______ _______ of the U.S Constitution.

Answer 16

Bill of Rights

Question 17

According to these safeguards, no person shall be deprived of life or liberty without _________ ________ of law.

Answer 17

due process

Question 18

This means that the _________ by which the law is carried out must be fair and orderly and the laws themselves must be _______.

Answer 18

procedures

reasonable/fair

Question 19

The _______ _______ ________ ______ ultimately decides whether these rights have been violated.

Answer 19

United States Supreme Court

Question 20

List the four written sources of American criminal law.

Answer 20

1. the u.s constitution and state constitutions
2. statutes passed by congress and state legislatures(plus local ordinances)
3. administrative agency regulations
4. case law

Question 21

explain the two basic functions of criminal law.

Answer 21

The primary function is to protect citizens from harms to their safety and property and from harms to society’s interest collectively.
The second function is to maintain and teach social values as well as social boundaries.

Question 22

Discuss the primary goals of civil law and criminal law, and explain how these goals are realized.

Answer 22

Civil law is designed to resolve disputes between private individuals and other entities, such as corporations. In these disputes, one party, called the plaintiff, tries to gain monetary damages by proving that the accused party, or the defendant, is to blame for a tort, or wrongful act.
In contrast, criminal law exists to protect society from criminal behavior. To that end, the government prosecutes defendants, or persons who have been charged with committing a crime.

Question 23

explain the differences between crimes mall in se and male prohibita.

Answer 23

A criminal act is mala in se if it is inherently wrong, while a criminal act male prohibita is illegal only because it is prohibited by the laws of particular society. It is sometimes difficult to distinguish between theses two sorts of crimes because it is difficult to define a “pure” male in se crime; that is, it is difficult to separate a crime from the culture that has deemed it a crime

Question 24

Delineate the elements required to establish mens rea (a guilty mental state).

Answer 24

1. purpose
2. knowledge
3. negligence
4. recklessness

Question 25

List and briefly define the most important excuse defenses for crimes,

Answer 25

1. Insanity-different tests of insanity can be used including: the “M’Naghten rule” (right or wrong test), the “ALI/MPC test” (aka the substantial capacity test), and the “irresistible impulse test”.
2. Intoxication-voluntary and involuntary, the latter being a possible criminal defense.
3. Mistake-sometimes valid if the law was not published or reasonably known or if the alleged offender relied on an official statement of the law that was erroneous. Also, a mistake of fact may negate the mental state necessary to commit a crime.

Question 26

Describe the four most important justification criminal defenses.

Answer 26

1. Duress-requires that the threat is of serious bodily harm or death, the harm is greater than that caused by the crime, the threat is immediate and inescapable, and the defendant became involved in the situation through no fault of his or her own
2. Justifiable use of force- the defense of one’s person, dwelling, or property, or the prevention of a crime
3. Necessity-justifiable if the harm sought to be avoided is greater than that sought to be prevented by the law defining th offense charged
4. Entrapment-the criminal action was induced by certain governmental persuasion or trickery

Question 27

Explain the importance of the due process clause in the criminal justice system.

Answer 27

The due process clause acts to limit the power of government. In the criminal justice system, the due process clause requires that certain procedures be followed to ensure the fairness of criminal proceedings and that all criminal laws be reasonable and in the interest of the public good.