Chapter 3 Vocabulary Flashcards

1
Q

Code of Hammurabi

A

Oldest legal code with 300 provisions for family, trade, real property, personal property, and labor

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2
Q

Trial by ordeal

A

Outcome rested in the hands of God

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3
Q

Age of Enlightenment

A

Brought new ways of thinking for punishment

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4
Q

Specific deterrence

A

punishment serves to deter people being punished from committing future crimes

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5
Q

General deterrence

A

General population will not commit crime because of the negative consequences

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6
Q

Felicitous or hedonistic calculus

A

Measure indicating how much pleasure an individual gains from a act

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7
Q

Utilitarianism

A

States a action is morally right as long as the behavior benefits the society

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8
Q

Panopticon

A

Created by Bentham and it allows people to watch people in prison setting without them knowing

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9
Q

Rule of law

A

Every citizen should obey laws

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10
Q

Retribution

A

A goal or law that say punishment is deserved

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11
Q

Lex talionis

A

“Eye for an eye” punishment should match crime

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12
Q

Restitution

A

Repayment for injury or loss

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13
Q

Rehabilitation

A

Reduce chances of future crimes

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14
Q

Incapacitation

A

Takes offender from public

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15
Q

Common law

A

Courts define the law and how to apply them

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16
Q

Constitutional law

A

Establishes rules among judiciary, legislative,and executive branch

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17
Q

Procedural law

A

Rules governing court proceedings

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18
Q

Bill of rights

A

First 10 amendments of the constitution dealing with arrest, warrant, searches, and trials

19
Q

Substantive law

A

Rules that are used to determine people’s rights

20
Q

Preemption doctrine

A

Law is the “supreme law of the land”

21
Q

Statutes

A

Laws adopted by states

22
Q

Ordinances

A

City rules

23
Q

Case law

A

Law that is based on previous court decisions

24
Q

Precedent

A

It establishes prior case decisions as precedent

25
Q

Stare decisis

A

Judges must respect precedents set in previous court cases

26
Q

Landmark cases

A

Establish precedent that changes the interpretation of a law or establishes new case law

27
Q

Civil law

A

Law that deals with stuff between people or organizations

28
Q

Compensatory damages

A

Money awarded in a lawsuit

29
Q

Punitive damages

A

Money awarded in addition to compensatory damages to punish the defendant

30
Q

Class action lawsuit

A

Civil cases involving large numbers of victims where 1 person represents

31
Q

Administrative law

A

Derives from a legislative body’s delegation of authority over commission or boards to regulate activities controlled by written statutes

32
Q

Actus reus

A

Indicates the physical act of the crime “guilty act”

33
Q

Mens rea

A

Used in court to prove criminal intent “guilty mind”

34
Q

Misdemeanor

A

Less serious crime

35
Q

Wobblers

A

Crimes that can be charged as a felony or misdemeanor

36
Q

Felony

A

More serious crime

37
Q

Insanity defense

A

Belief that a person suffer from mental illness and unable to control their actions so they can’t be held accountable for their crimes

38
Q

M’nagthen standard

A

“Right wrong test” jury must ask did they understand what they were doing and did they know it was wrong

39
Q

Durham test

A

Says ic a crime happened due to a mental illness

40
Q

Browner rule(ALI test)

A

“Knowing right from wrong”

41
Q

Irresistible impulse test

A

A defense finds a person responsible if mental illness prevents the person from controlling their behavior

42
Q

Battered woman syndrome

A

Excuses women who kill their abusers

43
Q

Ex post facto law

A

A law passed after a crime was committed