Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Crimes and Defenses > Chapter One Notes > Flashcards

Chapter One Notes Flashcards

1
Q

Crime

A

Actions that are legally punishable with a penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Henry hart Jr.

A

Crimes are faced with formal punishment questionable acts are not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Civil Law

A

A subdivision of Law concerning individual rather than public Interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Civil

A

At least 51% of certainty required to convict someone

violates individual rights (according to blackstone)

completed with compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Criminal

A

requires proof beyond reasonable doubt

may result in loss of freedom & damaged reputation

violates public rights (according to blackstone)

completed with punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Tort

A

an injury to a person property

blurs the line between criminal and civil disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The purpose of Criminal Law

A

to maintain order stability in society

Texas Criminal Code: claims that criminal law is in place to “establish a system of prohibitions, penalties, and correctional measures”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

New York Criminal Code

A

Ban actions that unreasonably present harm to individuals and society

To warn people of punishable actions and the severity of those punishments

To define the punishable act

To differentiate between serious and minor offenses

To set punishments that satisfy the feelings of the community

To ensure that the victim and their family are represented accordingly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Substantive Criminal law

A

Analyzes the definition of specific crimes and the general principles of all crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

criminal procedure

A

A study of legal standards that govern the investigation of a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Hall & Lafave Principles of Generic Criminal Law

A

Criminal Act: actus reus

Criminal Intent: mens rea; intentionally & knowingly committing crime

Concurrence: The act and intent must coexist

Causation: The act must cause harm required for criminal guilt

Responsibility: The act must clearly be stated as a crime in the law (nullum crimen sine lege, nulla poena sine lege, no crime w/o law, no punishmet w/o law)

Defenses: Criminal guilt is not implicated if the act is proven to be justified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Felony

A

punishable by death / 1+ years of imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Misdemeanor

A

punishable less than one year of imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Capital Felony

A

punishable by death/ life in prison

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Gross Misdemeanor

A

6 months -12 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Violations/ Infractions

A

offenses sooo minor that imprisonment is prohibited

cause very light harm and are punished with fines

17
Q

Mala in Se

A

these crimes are inherently evil even if the law didn’t agree

18
Q

Mala prohibita

A

these crimes are not inherently evil and are considered wrong from legal standpoint

19
Q

Sources of Criminal Law

A
  • English and American Common Law
  • State Criminal Codes
  • Municipal Ordinances
  • Federal Criminal Code
  • State and Federal Constitutions
  • International Treaties
  • Judicial Decisions
20
Q

English & American Common Law

A

judge made laws & acts of parliament

The foundation of American criminal law

William the Conqueror wanted to provide uniform law for England so he sent judges to settle disputes using common customs which were then written to be used as precedents

21
Q

State Criminal Codes

A

states adopted their own written criminal codes in the 19th century

broad common law led to a need to punish people for non preexisting crimes

law making power should reside in legislative representatives rather than unelected judges

22
Q

common law states

A

the common law is applied where the state legislature hasn’t adopted a law in a particular area

23
Q

reception statute

A

states adopt the common law as an unwritten part of criminal codes

24
Q

code jurisdiction

A

no act is punishable unless it is authorized by the state criminal code

25
Q

Police Power

A

states reserve the right to protect the well being of the community & prohibit harm to the people

26
Q

Model Penal Code

A

intended to encourage the 50 states to adopt a single uniform approach to the criminal law

27
Q

Federal criminal Code

A

compilation of U.S congress criminal codes

28
Q

Dual Sovereignty

A

sharing of power b/e federal & state gov

29
Q

Municipal Ordinances

A

Cities, Towns, and counties are allowed to enact local criminal laws, regulates streets, sidewalks, buildings littering

30
Q

Federal Criminal code

A

U.S government possesses jurisdiction to enact criminal laws based on the gov’s constitutional powers

31
Q

State and Federal Constitutions

A

work together to establish limits on gov power and preserve the rights of citizens

32
Q

International Treaties

A

establish international crimes such as genocide and war crimes

33
Q

Judicial Decisions

A

Judges write decisions interpreting criminal laws based on their constitutionality. They rely on precedents to make their decisions

Crimes and Defenses (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions