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Criminal law > chapter one/two > Flashcards

chapter one/two Flashcards

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1
Q

Criminal Matters

A

state/public have declared an interest

Ex: assault or murder

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2
Q

Civil Matters

A

Civil matters: private wrong such as a tort or contract violation (tort)
 Ex: money or breach in agreement

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3
Q

Torts: What are they

A

A private wrong against an individual.

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4
Q

Civil Liability and Consequences

A

Civil liability is a legal obligation that requires a party to pay for damages or to follow other court-enforcements in a lawsuit.
General damages, punitive damages and injunctive relief.

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5
Q

Bench trials

A

A trial in front of judges

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6
Q

Jury trials

A

A trial with the community in the stands

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7
Q

Sources of Criminal law

A 
o	Substantive Law
o	Procedural Law
o	Administrative Law
o	Common Law
o	Judge-Made Law
o	Statutory Law
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8
Q

Sources of law acronym

A

SUBPRO ADCO JUST

Substantive, procedural. Administrative, common. Judge-made statutory

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9
Q

Statutory Law

A

Statutory Law is the term used to define written laws.

Usually enacted by a legislative body.

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10
Q

Judge-Made Law

A 
Based on the past decisions of other judges in past cases
Interpretations of codes
common law
ordinances
administrative law.
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11
Q

Common Law

A

The earliest type of law.

Common law is a body of unwritten laws based on legal precedents established by the courts.

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12
Q

Procedural Law

A

Rules regulating the process of investigation and prosecution of violations of criminal law.
How cjs process is supposed to work.
Matter in open court.

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13
Q

Substantive Law

A

Public laws defining the conduct

Burglary, arson, murder.

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14
Q

Consecutive sentences

A

Consecutive sentences = MATH required; add all sentences that are to run consecutively – meaning one after the other

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15
Q

Concurrent sentences

A

Concurrent sentences = all sentences imposed by the judge are to run at the same time

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16
Q

Beyond a reasonable doubt:

A

Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt.

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17
Q

The preponderance of the evidence

A

Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.

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18
Q

Burden of production v. Burden of persuasion

A

BOPO: requirement that a party present some evidence to support their claims
BOPER: requirement that the party persuade the jury/judge to a certain standard of proof

19
Q

Criminal Liability – when is it imposed

A

Criminal liability should only be imposed if the wrong was a crime.
Criminal liability is reserved for the behavior of the unjustifiable and inexcusable that inflicts or threatens harm

20
Q

Mala in se offenses

A

Crimes of moral turpitude, inherently wrong or evil

 Examples: Rape, robbery, murder

21
Q

Mala prohibita offenses – know examples

A

Crimes without moral turpitude, criminal only because of a statute in city
 Examples: underage drinking, curfew violations

22
Q

Felonies

A

The most serious grade of crime; usually includes possibility of prison sentence.
365 days or more in prison.
Example: first degree murder, manslaughter, theft

23
Q

misdemeanor

A

Offenses that carry punishment of a degree less than felonies.
Usually misdemeanor crimes do not involve prison sentences.
Upto 365 days in jail. (364 and below)
Example: shoplifting, indecent exposure, trespassing

24
Q

Crimes against persons

A

Examples: Assault, aggravated assault, domestic violence, stalking, harassment, hate crimes, kidnapping, murder

25
Q

Crimes against property

A

Examples: vandalism, defacement, larceny, burglary, theft, car theft

26
Q

Acro. for property crime

A

Vandef Larbur Thecar

(Vandalism, defacement. Larceny, burglary. Theft/car theft.

27
Q

Crimes against public order and morals

A

Examples: inciting violence, riots, disorderly conduct, false alarms, animal cruelty and prostitution

28
Q

Crimes against the state

A

Examples: treason, sedition, sabotage, terroristic threats

29
Q

Ex Post Facto clause

A

Ban on retroactive criminal law making.

Criminal law made retroactive to punish prior conduct not criminal when done.

30
Q

Overbreadth doctrine

A

a doctrine in constitutional law: a law that prohibits protected conduct (as free speech)

31
Q

Void for vagueness

A

the declaration that a law is invalid because it is not sufficiently clear.

32
Q

8th Amendment

A

Freedom from cruel and unusual punishments
*No barbaric punishment
Ex: death penalty for speeding ticket

33
Q

Protected speech V. nonprotected speech (via 1st Amendment)

A

Protected: Free speech, Religion, Association
not protected:
Obscenity: offensive words/pictures
Profanity: swear words
Libel: false written words, damaging a persons reputation
* Slander: false spoken words, damaging persons rep.
Fighting words: insulting words or intentions of inciting violence/breach of peace
Clear and present danger: risking safety of others, calling fire when there’s no fire

34
Q

1st Amendment protections:

A

Freedom of speech, religion and association

35
Q

2nd Amendment protections:

A

The right to bear arms

36
Q

14th Amendment protections

A

Equal civil rights/legal rights. Equal protection to all citizens.
Due process/fair treatment

37
Q

Inchoate crimes

A

known as incomplete crimes, are acts taken toward committing a crime or acts that constitute indirect participation in a crime.

38
Q

Convictions v. Acquittals

A

Acquittal: Free (someone) from a criminal charge by a verdict of not guilty.
Convictions: someone being found guilty of a crime

39
Q

General Deterrence v. Specific Deterrence

A

Specific: prevents crime by frightening an individual
General: frightening the public

40
Q

Incapacitation vs Rehabilitation as punishment

A

Incapacitation prevents crime by removing a defendant from society.
Rehabilitation prevents crime by altering a defendant’s behavior.

41
Q

Retribution as punishment – Eye for an Eye

A

Retribution prevents future crime by removing the desire for personal avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant.

42
Q

Appellant

A

Appellant/Petitioner – The party who lost in the district court/agency and filed the notice of appeal.

43
Q

Appellee

A

Appellee/Respondent – generally the party who won in the district court/agency. The appellee/ respondent generally wants this Court to affirm the decision of the district court or agency.

44
Q

Principle of Proportionality

A

The idea that an action should not be more severe than is necessary, especially in a war or when punishing someone for a crime.

Criminal law (8 decks)

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