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Criminal Law > Final Exam > Flashcards

Final Exam Flashcards

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1
Q

The study of criminal law is a study of crime, moral principles and common law

A

True

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2
Q

Law that defines crimes and specifies punishments is referred to as?

A

Substantive Criminal Law

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3
Q

A person accused of committing a civil wrong is referred to as a? (one word, spelling counts)

A

Tortfeasor

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4
Q

Acts that are regarded, by convention and tradition, as wrong in themselves are known as?

A

Mala in Se

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5
Q

According to the text, violating someone’s personal space is an example of?

A

A norm

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6
Q

According to the Natural Law video: Life, Reproduction, Educating One’s Offspring, Seek God, Live in Society, Avoid Offense & Shun Ignorance refers to?

A

The Basic Goods

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7
Q

The subject matter or geographical area that the authority of a government entity covers, in particular a court of law, is referred to as? (one word, spelling counts)

A

Jurisdiction

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8
Q

A crime punishable by a year or more of incarceration or death is a?

A

Felony

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9
Q

The two general areas of legal jurisdiction are state and federal.

A

True

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10
Q

Due process clauses are found in?

A

5th & 14th amendments

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11
Q

The following are three aspects of?

  1. To block government from punishing an individual for an action that was lawful when performed.
  2. To compel the government to give advance notice of what conduct it considers to be criminal. (Ex Post Facto laws)
  3. To prohibit bills of attainder.
A

Legality

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12
Q

The term associated with jurisdiction that refers to the geographic location of where a trial should be held is? (one word, spelling counts)

A

Venue

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13
Q

Based on the video in Chapter 3 on Equal Protection, when a government action concerns a protected class, which of the following is NOT part of the five step process of strict scrutiny?

A

Lack of standing

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14
Q

The following restrictions relate to which protection found in the Bill of Rights?

  1. A person accused of a crime is protected from prosecution for the same crime after they have been acquitted.
  2. A person accused of a crime is protected from prosecution for the same crime after they have been convicted.
  3. A person accused of a crime is protected from multiple punishments for the same crime.
A

Double jeopardy

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15
Q

Match the amendment in the Bill of Rights to its basic subject matter

A

2nd amendment – right to bear arms
1st amendment – right to free speech
4th amendment – right against unreasonable search and seizures
8th amendment – right against cruel and unusual punishment
5th amendment – right against self incrimination

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16
Q

The two major restrictions against substantive criminal law are the Due Process Clause and the 8th Amendment prohibition against cruel and unusual punishment

A

True

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17
Q

The power of the court to exercise its authority over subject matter or a person is referred to as?

A

Jurisdiction

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18
Q

Employers being held responsible for the actions of their employees is referred to as?

A

Vicarious liability

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19
Q

Which of the following is NOT one of the four mental states discussed in Chapter 2?

A

Caused intent

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20
Q

In order for an action to be considered criminal, the act itself and the required mental state must occur at the same time, this is referred to as?

A

Concurrence

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21
Q

In the products liability video in Chapter 2, the first example involved a?

A

Hoverboard

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22
Q

What drives / compels someone to intend to do something is referred to as? (one word, spelling counts)

A

Motive

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23
Q

A legal term that refers to the level of knowledge required to hold a person criminally liable for his or her physical acts is? (one word, spelling counts)

A

Scienter

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24
Q

The Latin term that means the specific mental state of the defendant at the time of the crime is?

A

Mens rea

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25
Q

The intent to commit the act required for the crime

A

General intent

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26
Q

Committing the actus reus with the intent to cause a particular or specific result

A

Specific intent

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27
Q

According to the video about Kenneth Parks in Chapter 2, unlike the United States, Canadian prosecutors can appeal a murder trial verdict of “not guilty”.

A

True

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28
Q

Someone with common sense, someone who acts with a level of caution that a normally prudent person would, someone who possesses the average mental capacity of normal human being is our definition of a? (two words, singular, spelling counts)

A

Reasonable person

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29
Q

A lack of knowledge of a fact that relates to a particular situation is referred to as?

A

Ignorance of fact

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30
Q

A circumstance where a person is forced to act against their own will, also referred to as compulsion is also referred to as? (one word, spelling counts)

A

Duress

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31
Q

A form of danger that is imminent when the action or behavior of an aggressor makes the threat of harm or danger obvious is referred to as?

A

Apparent

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32
Q

According to the alibi video, the Latin translation of the word “alibi” means?

A

Somewhere else

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33
Q

Criminal defenses based on a lack of mental competence can be divided into two categories: competency and sanity.

A

True

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34
Q

Insanity is a matter that is decided by a jury as opposed to competence, which is decided by the court.

A

True

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35
Q

According to the video in chapter 5 about the 6th amendment, which case extended the right to an attorney to those accused of committing state crimes?

A

Gideon vs Wainwright

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36
Q

According to the video about Joe Horn calling 911 about his neighbor’s house being burglarized, how many burglars were there?

A

2

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37
Q

Which defense asserts that if it had not been for the actions on the part of the government, there would have been no crime committed? (one word, spelling counts)

A

Entrapment

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38
Q

The Latin term discussed in class from the text that literally means “to begin” is? (one word, spelling counts)

A

Inchoate

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39
Q

Mere knowledge is enough for conspiratorial liability.

A

False

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40
Q

Crimes that are incomplete or unfinished are sometimes referred to as?

A

Anticipatory crimes

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41
Q

The video about the Umbrella Man referred to what event?

A

Kennedy assassination

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42
Q

According to the video on solicitation, which of the following crimes are most common in regards to solicitation?

A

Prostitution

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43
Q

The following are all examples of what? (two words, plural, spelling counts)

  1. Lying in wait, searching/following victim
  2. Enticing, seeking to entice the victim to go where the crime will be committed
  3. Reconnoitering the place where the crime will occur
  4. Unlawfully entering a structure, vehicle, or enclosure that is the contemplated scene of the crime
  5. Possessing materials to be used in a crime that were designed for the crime or that under the circumstances serve no lawful purpose.
  6. Possessing, collecting, or fabricating material to be used in the commission of a crime at or near the scene of the crime, where such possession, collection, or fabrication serves no lawful purpose.
  7. Soliciting an innocent agent to engage in conduct constituting an element of the crime.
A

Substantial steps

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44
Q

To apply a conspiracy charge, the specific intent for both intent to the conduct and intent to the result of the conduct are required.

A

True

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45
Q

A person who assists or promotes another to commit a crime is referred to as an? (one word, singular, spelling counts)

A

Accomplice

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46
Q

The following are two categories of?

  1. When the accused has completed all the planned actions towards the crime but has failed to complete the substantive crime.
  2. When the accused has NOT completed all planned actions towards the crime and for that reason, in particular, has failed to complete the substantive crime.
A

Criminal attempt

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47
Q

When one person kills another by either by mistake or in an act of self-defense, as discussed in class, that is referred to as? (two words, spelling counts)

A

Excusable homicide

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48
Q

Voluntary Manslaughter

A

The unlawful and intentional killing of another person in reaction to an adequate provocation

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49
Q

Involuntary Manslaughter

A

The unintended killing of another person that is caused during the commission of an act that is unlawful (that is not a felony) or that results from criminal negligence.

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50
Q

The Latin term that translates to “body of the crime” is?

A

Corpus delecti

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51
Q

the unlawful and intentional killing of a human being by another defined in class is referred to as? (one word, spelling counts)

A

Murder

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52
Q

Mass murders

A

Killings involving multiple victims that occurs at the same time

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53
Q

Serial murder

A

Killings involving multiple victims over a period or range of time

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54
Q

Accidental death

A

One that is caused by unintended or unexpected means

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55
Q

Accidental killing

A

A death that results from human action lawfully and purposely carried out with the reasonable belief that there would be no harm caused.

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56
Q

Match the type of serial killer to their corresponding description

A

Mission orientated –These killers have a belief that their life goal or mission is to eliminate particular types of people from society.

Hedonistic – These killers are looking for thrills during their killing, many of these type have sexual fantasies involved in their behavior.

Power orientated – These killers are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy.

Visionary – These killers claim that they are following orders or direction from a vision or a voice

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57
Q

According to the video in Chapter 6, to date, which of the following was the most deadly mass shooting in the United States?

A

Las Vegas Outdoor Concert

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58
Q

Behavior / action that would provoke a reasonable person to react in the “heat of passion” with no “cooling off” period describes what element for the crime of voluntary manslaughter? (two words, singular, spelling counts)

A

Adequate provocation

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59
Q

The legal term for one human being killing another human being is? (one word, spelling counts)

A

Homicide

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60
Q

According to the video, for how many years was Jacyee Dugard held captive?

A

18

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61
Q

The unlawful violation of the personal liberty of another, according to the text, is referred to as? (two words, spelling counts)

A

False imprisonment

62
Q

According to the video about Rebecca Schaeffer, which state was the first to enact laws regarding stalking?

A

California

63
Q

The malicious and unlawful destruction, amputation or permanently disabling or disfiguring of a member/organ of the body of another is referred to as? (one word, spelling counts)

A

Mayhem

64
Q

When one attempts to injure another OR threatens / frightens to injure another with the present ability to do so is referred to as? (one word, spelling counts)

A

Assault

65
Q

According to the video about Lorena and John Wayne Bobbitt, which of the following caused Lorena’s attack?

A

Repeated domestic violence

66
Q

The Lindbergh case resulted in a law passed by Congress nicknamed “The Lindbergh Law” that allowed?

A

Federal authorities jurisdiction in state cases that crossed state lines

67
Q

An unlawful, unjustified or offensive touching of another person is referred to as? (one word, spelling counts)

A

Battery

68
Q

When a person willfully and repeatedly follows or harasses another person in a manner that would lead a reasonable person to be in fear or injury or death, according to the text, is referred to as? (spelling counts)

A

Stalking

69
Q

According to the video in chapter 8 about Lawrence Singleton, The Mad Chopper, he chopped off his victim’s (Mary Vincent) what?

A

Arms

70
Q

According to the sexual assault statutes outlined in Chapter 7, all of them are classified as a?

A

Felony

71
Q

According to the Rape Culture video, how many males will be the victims of rape over their lifetime?

A

1 in 71

72
Q

Sexual activity with animals, according to the text, is referred to as? (choose the two terms that are correct)

A

Bestiality

Zoophilia

73
Q

According to the video in chapter 7 on age of consent, the age of consent is the same worldwide.

A

False

74
Q

The term for someone having sexual activity with a dead body / corpse is? (one word, spelling counts)

A

Necrophilia

75
Q

According to the video on rape statistics in chapter 7, a person is sexually assaulted in the United States every:

A

8 seconds

76
Q

When a person knowingly and willfully enters into a second marriage while being legally married to another person, that is known as? (one word, spelling counts)

A

Bigamy

77
Q

According to the video on sexual assault on college campuses, the biggest date rape drug is?

A

Alcohol

78
Q

According to the video of former gymnastics team doctor Larry Nassar, how many victims was he accused of sexually assaulting?

A

150

79
Q

According to the rape culture video in chapter 7, what percentage of reported rapes ends up with a prison sentence for the offender?

A

6%

80
Q

According to the video about Rod Blagojevich, the most striking crime he committed was?

A

Trying to sell a vacant senate seat

81
Q

The nickname of the law enforcement operation on the college admissions scam video was Operation?

A

Varsity Blues

82
Q

According to the first video in Chapter 9, which crimes get confused most often?

A

Robbery, Burglary, Theft

83
Q

The FBI’s Uniform Crime Reporting (UCR) Program defines ??????? as the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. (one word, spelling counts)

A

Robbery

84
Q

With intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner is the statutory definition of ? (one word, spelling counts)

A

Larceny

85
Q

The Latin term for a bribery type of agreement is? (three words, spelling counts)

A

Quid Pro Quo

86
Q

There is only one type of bribery which is described as: To give a public official money or property of any value in exchange for an agreement by the official to do or refrain from doing something that is against an official duty.

A

False

87
Q

Money, goods or favor that is promised or given for the purpose of influencing the conduct or judgment of a person who is in a position of trust is referred to as? (one word, spelling counts)

A

Bribery

88
Q

According to the videos regarding David Letterman’s extortion case, the secret that was being threatened to expose involved:

A

Infidelity

89
Q

According to the video about the North Hollywood bank robbery, how many bank robbers were there?

A

2

90
Q

Match the type of arson to its’ description

A

Concealment of a Crime – the intention is to conceal another crime by burning the structure where the crime was committed and to destroy any evidence that may be found

Thrill seeking – fires that are set because the accused is bored and wants some excitement.

Profit – the intention to burn property in an effort to collect money from insurance companies. Usually involves cars, homes, small business, etc.

Vandalism arson – usually done to damage property and/or demonstrate hatred towards a particular individual or group. Typically committed by juveniles and in some cases could be a requirement for a gang-initiation. Generally there is no intention to cause injury

Attention Seeking – committed by someone seeking attention, someone with a “hero complex”. Not unusual for some volunteer firefighters to be in this category.

Revenge arson – the motivation is the desire to seek retribution on someone else. Usually this is directed at a spouse, significant other, employer or a former employer.

Mental Illness – no direct motive with the exception of experiencing the rush of feelings that can result from setting a fire and watching it burn. These are typically impulsive behaviors and are typical of serial arsonists.

Politics – fires that are set for a political purpose or to make a political statement, occurs during political riots.

91
Q

In the video about the person arrested for possession of burglary tools, the suspect was initially pulled over for?

A

License plate light

92
Q

According to the video on serial arsonists, which one used a slingshot to help set fires?

A

Raymond Lee Oyler

93
Q

According to the FBI Crime Clock 2017, a burglary occurs in the United States every:

A

22.6 seconds

94
Q

In the video on burglary elements, there were no differences between the common law version and the modern version.

A

False

95
Q

One of the elements of common law arson included that the structure itself had to be burned. Merely burning the contents was not arson.

A

True

96
Q

A characteristic of serial arsonists is a history of substance abuse

A

True

97
Q

According to the definitions in the burglary section of the text, there is no difference between a building and a dwelling.

A

False

98
Q

Match the category of burglar to the appropriate description

A

Late-teenagers or in their early 20’s – they don’t prepare as well as the professionals or the known to police burglars

Drug Addicted – poorly organized, opportunistic in nature, sloppy and tent to act quickly in order to satisfy their drug habit

Known to Police – known to police due to previous arrests and not as experienced or successful as professionals

Juveniles – those who are under the age of 16 - 18, they stick to their local neighborhoods and may team up with an older, more experienced burglar

Professionals – experienced and skilled, usually career criminals who focus on high value targets

99
Q

In regards to the Connecticut statutes for Burglary 2nd and 3rd degree that included a version with a one year sentence that is not suspendible, the special circumstance in those statutes concerned?

A

Firearms

100
Q

These two elements describe what crime discussed in class? (one word, spelling counts)

  1. The accused was entrusted with the personal property of another person in a lawful manner.
  2. The accused fraudulently converted the property to his or her own use.
A

Embezzlement

101
Q

According to the video on library theft, one of the most common subjects of books being stolen from libraries is?

A

Sex

102
Q

According to the video about embezzlement, the most common form committed by those who work in stores and restaurants is referred to as:

A

Siphoning

103
Q

Two Main Elements for Larceny are:

  1. The trespassory taking and carrying away, the property of another without consent.
  2. With the intent to steal
A

True

104
Q

According to the video on shoplifting, shoplifting costs amount to how much every year?

A

35 billion dollars

105
Q

According to the video about the counterfeiter from Canada, how much fake money did he make?

A

$250,000,000

106
Q

The unauthorized use of another persons’ individual identity to with the intent to fraudulently acquire money, goods, or services OR to avoid the payment of a debt OR to avoid criminal prosecution is known as? (two words, singular, spelling counts)

A

Identity theft

107
Q

Elements for Receiving Stolen Property are:

  1. Someone receiving, concealing, possessing, purchasing, or transferring stolen property
  2. That person having knowledge that the property was stolen
A

True

108
Q

The fire had to be in or near a dwelling, not a commercial structure.

The dwelling had to be in the possession (owned or rented) of another. No one could be convicted of burning his or her own home.

The structure itself had to be burned. Merely burning the contents was not arson.

The burning had to be malicious

The above elements describe what crime?

A

Common law arson

109
Q

According to the video on disability fraud, one subject claiming to have impaired vision in the video was caught doing what?

A

Driving a boat

110
Q

Actions which an elected/appointed official has no right to perform, has performed in an improper manner or failed to perform when required to do so refer to?

A

Misconduct in Office

111
Q

According to the text, calculated conduct that is deliberately designed to embarrass or obstruct a court of law or that is designed to devalue the position of a judicial officer in the course of their duties is referred to as?

A

Criminal contempt

112
Q

According to the documentary on Robert Hanssen, where was he sentenced to serve his time?

A

Florence, Colorado

113
Q

According to the Kids for Cash video, Hillary Transue was charged by juvenile authorities for?

A

Creating a MySpace parody page

114
Q

According to the text, the most common form of obstruction of justice is? (two words, singular, spelling counts)

A

Resisting arrest

115
Q

The term discussed in the text for when a person willfully interferes with the justice process and/or the law is?

A

Obstruction of justice

116
Q

According to the video on the most prolific spies, who were the first civilians in the U.S. to be executed for being spies?

A

Julius and Ethel Rosenberg

117
Q

According to the text, spying on behalf of a foreign government is referred to as? (one word, spelling counts)

A

Espionage

118
Q

The term for performing duties in an improper manner is? (one word, spelling counts)

A

Misfeasance

119
Q

According to the text, acts of violence committed with the intent of coercing a population through force, fear, intimidation or threat describes what? (one word, spelling counts)

A

Terrorism

120
Q

All 50 states, District of Columbia, US Virgin Islands, Puerto Rico, & Guam have established crime victim compensation programs

A

True

121
Q

According to the Wisconsin Statutory Rights for Justice Victim’s Bill of Rights link, which of the following is NOT a right of a crime victim?

A

To confer directly with the offender during relevant proceedings.

122
Q

The period of time before written law had been clearly established estimated to be near 1800-2000 BC. This was the same period of time when Hammurabi’s Code emerged. During this historical epoch, tribal law ruled the day and victims of crime played a major role in deciding on what punishment would be given to someone found guilty of harming them or their property. This was a time when the only solution to criminal actions was direct retribution from victim to accused.

A

Golden Age of the Victim

123
Q

The period during the middle ages (1500) through to the 1900s where during this time the state (government) assumed total responsibility for handling crime and allowed no input from victims. It was this point in time where crime was not considered to be committed against an individual but against the state (government). Victims of crime were viewed merely as pieces of evidence in criminal matters and were not involved in any decisions.

A

Dark Age of the Victim

124
Q

Starting from the mid 1900’s victims were, to some degree, rediscovered. This was a time where different sociological theories were being discussed relating to the circumstances and characteristics of individual victims of crime such as age, race, gender and socio-economic background. In the latter part of the 1900’s there was a legal shift in how victims of crime were to be treated both at the federal and state government levels which resulted in the creation of numerous laws designed to protect victims and their rights.

A

The Reemergence Age

125
Q

Match the theory to its description

A

Political Motives Theory – asserts that the concept compensating victims of crime is popular with the voting public and politicians need to support the idea in order to gain public office.

Crime Prevention Theory – asserts that by having victim compensation programs in place, they act as a motivator for people to report crime which, in turn, helps improve the efficiency of law enforcement in preventing crime.

Social Welfare Theory – asserts that victims of crime should be compensated if they have such a need.

Humanitarian Theory – asserts that victims of crime should be compensated to help alleviate their suffering.

126
Q

Information from a victim or family member of a victim used in court during sentencing to assist the judge in making a better informed sentencing decision. Victim impact statements are generally submitted to the court in writing prior to sentencing and can be read into the record by either the victim or the judge. They are used to describe the harm, suffering, loss and trauma that was experienced by the victim of the crime or by the their survivors. The term this describes is?

A

Victim Impact Statement

127
Q

According to the video in chapter 14, the invisible victims of crime refer to the family members of the victim.

A

False

128
Q

According to the video about former Olympic doctor Larry Nassar at his sentencing, about how many victims gave victim impact statements?

A

100

129
Q

According to the video on victim’s rights, which of the following is NOT a part of what a victim is entitled to participate in?

A

Interrogation

130
Q

The person/party who was on the receiving end of a criminal act, the person/party who was harmed by someone else’s criminal actions refers to:

A

Victims in Fact

131
Q

It’s common and accepted knowledge that civilians are authorized to “Press the Charge” against alleged criminal actors.

A

False

132
Q

According to the video in Chapter 15, the Innocence Project uses what to exonerate people wrongfully convicted of crimes?

A

DNA

133
Q

There are two types of deterrence: general and specific

A

True

134
Q

Many states today have laws that provide for a sentence of death, also referred to as capital punishment, for certain serious, violent crimes.

A

True

135
Q

According to the Rehabilitation versus Punishment video in Chapter 15, what is one of the biggest concerns / problems regarding people being released from prison? (one word and spelling counts)

A

Recidivism

136
Q

A sentencing strategy where multiple sentences are served at the same time or all at once is referred to as consecutive sentencing

A

False

137
Q

Based on the corrections history video in Chapter 15, during the beginning of the 1900s the focus on the goals of corrections shifted towards??

A

Rehabilitation

138
Q

Current laws that prohibit anyone from willfully following and/or harassing another and making a threat against that person with the intent of causing the victim to fear for his/her safety refer to? (one word and spelling counts)

A

Stalking

139
Q

The belief that the punishment for committing a crime should have a direct relationship to the severity of the crime is referred to as: (one word and spelling counts)

A

Proportionality

140
Q

The death penalty is also referred to as capital punishment

A

True

141
Q

In relation to the death penalty phase of a capital case, aggravating factors make things better and mitigating factors make things worse.

A

False

142
Q

According to the text, offering or engaging in a sexual act for hire describes what crime? (one word, spelling counts)

A

Prostitution

143
Q

The act of marrying one person while, at the same time, being legally married to another person describes what? (one word, spelling counts)

A

Bigamy

144
Q

According to the video on Mass Incarceration, how many people are currently in prison in the U.S.?

A

2.2 million

145
Q

The act of having a sexual relationship between two family members who are closely related describes what?

A

Incest

146
Q

The term discussed in class meaning managing, controlling, owning or otherwise facilitating a business for the purpose of prostitution. This would include providing/procuring prostitutes for others as well as transporting people for the purpose of prostitution is? (one word, spelling counts)

A

Promoting

147
Q

The movie referencing the “Evil Weed” discussed in class was?

A

Reefer Madness

148
Q

According to the video on America’s history with drugs, what was placed in the flight kits of American fighter pilots during World War II?

A

Benzedrine

149
Q

In the video about the flasher, one of the places he flashed was a?

A

Subway Sandwich Shop

150
Q

According to the video on Victimless Crime, how many people in the United States are arrested every year for victimless crimes?

A

4,000,000

151
Q

The term that means having or encouraging an excessive interest in sexual matters is:

A

Prurient interest

Criminal Law (16 decks)

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