History of law/crime and classification Flashcards

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1
Q

What is America judicial system based off of what country

A

England

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2
Q

What is common law

A

Early English law

Use local custom and made it into a national code

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3
Q

What is mala in se

A

Crime society determined were immoral and evil

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4
Q

Mala prohibitum

A

Moral belief and practice embezzlement

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5
Q

Constitutional law/limits

A

All laws must conform to the constitution
People must be treated fairly/equally “due process”
Prohibits law that makes a person’s status a crime.
Ex. “Heroine addict is not a crime”
Prohibits laws that are cruel/ capricious
Forbids “laws of attainder- inflict punishment without trial
Forbids ex facto law: a crime that was legal and innocent prior to the passing criminal and punishable.

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6
Q

Felonies

A

Most serious crime
Punishable by imprisonment and sometimes death
Ex. Murder, rape, robbery, assault with deadly weapon.

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7
Q

What rights do you lose when you commit a felon

A

Firearms
Vote
Hold elective offices
Hold certain licenses

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8
Q

Misdemeanors

A

Minors/less serious crimes punishable by jail time/fines

Ex. Petty larceny,assault and battery,unlawful posse ion of marijuana

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9
Q

Violations/infractions

A

Violations of city/town ordinances punishable by a fine

Ex. Traffic violations, public intoxication

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10
Q

To prove a crime occurred,the prosecutor must show the following

A

A. The accused engaged in the guilty act.
Actus reas- an illegal act
B. That the act was intentional and purposeful
Mens rea- guilty mind

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11
Q

What is stare decisis and who made them

A

Latin for to stand by decided, by William the conquer

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