Criminal Law Flashcards
True or False
One method is for the state to grant land within the jurisdiction of the state to the federal government.
True
Which Constitutional Amendment pertains to a speedy and public trial, by an impartial jury?
6th Amendment
True or False
There are five general methods through which the federal government may acquire jurisdiction over a physical area.
False
The concept of territorial jurisdiction has many components or ramifications in federal law. What are they?
- Authority the federal government has over the particular location involved.
- Relates to crimes that must occur within the special maritime and territorial jurisdiction
- Relates to geographic limitations placed upon an agency’s law enforcement officers by legislation or agency regulations.
True or False
The English common law divided crimes into two general categories: minor and major offenses.
False
True or False
A non-classical variety of utilitarianism is rehabilitation (or reform).
True
True or False
Utilitarianism is a form of “consequentialism,” which in its pure form “holds that the justification of a practice depends only on its consequences.”
True
True or False
Retributivists believe that punishment is justified when it is deserved. It is deserved when the wrongdoer freely chooses to violate society’s rules.
True
True or False
The study of the criminal law is the study of crimes and the principles of criminal responsibility for those crimes.
True
True or False
A crime might properly be defined as “an act or omission and its accompanying state of mind which, if duly shown to have taken place, will incur a formal and solemn pronouncement of the moral condemnation of the community.”
True
True or False
Retributivism looks forward in time and justifies punishment solely on the basis of the voluntary commission of a crime.
False
True or False
The Due Process Clauses of the United States Constitution require the prosecutor in a criminal trial to persuade the fact finder “beyond a reasonable doubt of every fact necessary to constitute the crime charged.”
True
True or False
In the federal courts and in nearly all states, a jury in a felony criminal trial is composed of 10 persons who must reach a unanimous verdict to convict or acquit.
False
