Criminal Law and Proc-Quiz 1

Question 1

Federalism

Answer 1

a system of political organization with 2 or more levels of government

Question 2

Dual Sovereignty

Answer 2

federal and state government each possess authority over citizens

Question 3

what does state jurisdiction have to do with?

Answer 3

health, welfare, and morals

Question 4

Supremacy Clause

Answer 4

declares federal law to be higher than state law

Question 5

concurrent jurisdiction

Answer 5

concerns the health and welfare of the states citizens and also foreign affairs so it concerns both federal and state jurisdictions

Question 6

what does federal jurisdiction have to do with?

Answer 6

crimes involving the government or their officials/property

Question 7

federal court system

Answer 7

Supreme Court holds 9 justices who are appointed by president with approval of senate for a life sentence

Question 8

state court system

Answer 8

limited by US Constitution and state laws, follows similar pattern to federal system

Question 9

jurisdiction

Answer 9

power to try a case over a person or a subject matter, determined by law, cannot be changed except by law

Question 10

venue

Answer 10

case where a case is tried, determined by where the crime was committed

Question 11

what is the only reason a venue can be changed ?

Answer 11

massive pre trial publicity

Question 12

trial courts

Answer 12

hear and determines cases, witnesses testify and evidence is presented, verdicts and sentences are announced

Question 13

Appellate courts

Answer 13

review decisions and actions of trial courts, case can be reversed, affirmed, or remanded

Question 14

municipal courts

Answer 14

limited responsibilities and normally no recordings of this court

Question 15

civil law includes:

Answer 15

contract law, tort law, property law, family law (plaintiff sues the defendant)

Question 16

criminal cases…

Answer 16

government files criminal charges against defendant and victim can’t choose to keep or drop charges as it is a government case

Question 17

social contract

Answer 17

respective rights and responsibilities of the people and the government

Question 18

General Deterrence

Answer 18

preventing someone from doing something harmful again (weighing level of punishment against benefit of committing the crime)

Question 19

incapacitation

Answer 19

behind bars so they can no longer harm society

Question 20

rehabilitation

Answer 20

help the person become reintegratted as part of their sentence or after it’s complete

Question 21

retribution

Answer 21

comparatively punishing them for the damage that they caused to society

Question 22

what is considered criminal law?

Answer 22

what is a crime, conduct prohibited, punishment imposed, degree of intent, defenses available to defendant

Question 23

what is considered criminal procedure ?

Answer 23

bringing criminals to justice (police investigation through the process of administering justice)

Question 24

utilitarianism

Answer 24

maximizing the greater good for the greatest number of people

Question 25

special deterrence

Answer 25

deter individuals already convicted of crimes from committing more crimes in the future

Question 26

restorative justice

Answer 26

focuses on healing victims and restoring the offender to the community

Question 27

what are the essential elements of a crime?

Answer 27

Mens Rea and Actus Reus (guilty mind and guilty act), must also have a conjoining of the two

Question 28

Mens Rea

Answer 28

the state of mind required to be criminally liable for a certain act

Question 29

Specific Intent

Answer 29

intent to commit the exact crime charge or precise outcome of the act

Question 30

general intent

Answer 30

intent to commit without the intention to cause the outcome

Question 31

constructive intent

Answer 31

did not intend to cause the result but it was so likely to occur that the law treats the act as one of the specific intent

Question 32

malum in se

Answer 32

inherently evil crime, usually requires evil intent (murder, rape, arson)

Question 33

malum prohibitum

Answer 33

does not require evil intent (failure to file taxes)

Question 34

transferred intent

Answer 34

any unintended illegal act stemming from the intent to commit a crime is also a crime

Question 35

strict liability

Answer 35

crime where criminal intent are not an element, have been challenged on constitutional grounds

Question 36

vicarious liability

Answer 36

legal responsibility for actions of another person due to established relationship (corporate liability etc)

Question 37

Current approaches to Mens Rea:

Answer 37

Purposeful, knowing, reckless, and negligent

Question 38

Motive

Answer 38

the reason why a person does something, concerned with why people act, plays a role at sentencing, is not an element of crimes

Question 39

Actus Reus

Answer 39

physical part of a crime, act engaged in

Question 40

If there is no legal duty to act…

Answer 40

you cannot be held responsible in any way

Question 41

when does one have the duty to act?

Answer 41

imposed by statute, duty by relationship, duty by contract, assumption of duty (expressed verbally or in writing), or when you created the danger

Question 42

Causation

Answer 42

2 forms must exist for criminal liability to occur

Question 43

Attendant circumstances

Answer 43

facts or conditions that must be proven along with the Mens Rea and Actus Reus for defendant to be convicted