Criminal Law

Question 1

Penal codes

Answer 1

Each states written criminal law code, establishes classifications for certain crimes, sets penalties

Question 2

Types of criminal crimes

Answer 2

Misdemeanors, victimless crimes, felonies

Question 3

Misdemeanors

Answer 3

convicted persons sentenced to one year or less, repetition of certain misdemeanors such as a DUI will become a felony

Question 4

Victimless crimes

Answer 4

Crimes against morality, difficult to enforce since victim is perpetrator
Ex: unauthorized gambling, use of illegal drugs

Question 5

Felonies

Answer 5

Serious crimes against people, violent
Ex: manslaughter, assault, rape, kidnapping

Question 6

Crimes against property

Answer 6

Larceny, vandalism, fraud

Question 7

Larceny

Answer 7

Stealing

Question 8

Vandalism

Answer 8

Deliberate destruction unlawfully

Question 9

Fraud

Answer 9

Lying for financial gain
Example: setting your house on fire to collect insurance money

Question 10

Four functions of criminal penalties

Answer 10

Justice, safety to society, deterrent to others, corrections

Question 11

Justice

Answer 11

Criminal pays for an offense against a victim or society

Question 12

Safety to society

Answer 12

Keep dangerous criminals off the street

Question 13

Deterrent to others

Answer 13

Discouraging criminal activities, fear of punishment

Question 14

Parole

Answer 14

Lighter sentence to those criminals in prison who display they’ve been rehabilitated

Question 15

Order of criminal case

Answer 15

Arrest, hearing, indictment, arraignment, trial, verdict, sentencing, appeal

Question 16

Indictment

Answer 16

Order if the person was arrested at scene of the crime. If first investigation before an arrest warrant is issued, then indictment happens before arrest

Question 17

Result of 1966 case Miranda v. Arizona

Answer 17

Reading of rights: right to remain silent, right to attorney, right to court appointed attorney, right to stop answering questions at any time

Question 18

Booking

Answer 18

Defendant brought to police station: finger printing, photographing, pat down, and even strip search in some places, defendant can call his lawyer

Question 19

Initial hearing

Answer 19

Bail is set

Question 20

Bail

Answer 20

Money defendant gives court as a promise that he/she will return to trial

Question 21

Admissions of guilt made under duress or by coercion

Answer 21

Can’t be used

Question 22

At an arrest defendant must be read their

Answer 22

Miranda rights

Question 23

If evidence or confessions are thrown out, the prosecutor may have to

Answer 23

Drop the charges against the defendant due to lack of sufficient evidence

Question 24

Plea options

Answer 24

Not guilty, guilty, no contest

Question 25

Not guilty

Answer 25

Defendant claims he didn’t commit crime, bail is set based on crime, case continues

Question 26

Guilty

Answer 26

Defendant admits crimes, judge determines punishment

Question 27

No contest

Answer 27

Defendant does not admit guilt and doesn’t want to fight prosecution, basically a guilty plea

Question 28

Arraignment

Answer 28

criminal plead guilty to face a lesser charge of the crime

Question 29

Lawyers work on trials

Answer 29

Interview witnesses, studies law affecting case, gathers as much information as possible

Question 30

Jury selection

Answer 30

Large pool of potential jurors selected at random, lawyers from both side select jurors based on how bias they believe the jurors will be

Question 31

Opening statements

Answer 31

lawyers set outline for case

Question 32

Presentation of cases

Answer 32

Each side presents evidence, call and question witnesses, hear testimonies, cross examine opposing witnesses

Question 33

Indictment

Answer 33

Formal accusation of suspect, many states use a grand jury to determine enough warrant on arrest

Question 34

If person arrested at scene of crime the preliminary hearings

Answer 34

will serve as indictment

Question 35

Closing statements

Answer 35

Each lawyer will highlight the case they presented in order to sway the jury

Question 36

Verdict

Answer 36

At the end of the the court preceding the judge or jury decides if the defendant is guilty or not guilty

Question 37

Most states require a

Answer 37

Unanimous decision: everyone’s in agreement

Question 38

If the jury finds the defendant not guilty

Answer 38

The defendant is immediately released

Question 39

Hung jury

Answer 39

Jury cannot reach a unanimous decison

Question 40

A hung jury can lead to

Answer 40

Retiring case until verdict is released

Question 41

A hung jury does not provide

Answer 41

A guilty or not guilty sentence

Question 42

Sentencing

Answer 42

When defendant is found guilty or innocent

Question 43

A guilty defendant may appeal to a

Answer 43

higher court