Jurisdiction and General Matters

Question 1

Incapacitation Theory of Punishment

Answer 1

While imprisoned, a criminal has fewer opportunities to commit acts causing harm to society

Question 2

Special Deterrence Theory of Punishment

Answer 2

Punishment may deter the criminal from committing future crimes

Question 3

General Deterrence Theory of Punishment

Answer 3

Punishment may deter persons other than the criminal from committing similar crims for fear of incurring the same punishment

Question 4

Retribution Theory of Punishment

Answer 4

Punishment imposed to vent society’s sense of outrage and need fore revenge

Question 5

Rehabilitation Theory of Punishment

Answer 5

Imprisonment provides the opportunity to mold or reform the criminal into a person who, upon return to society, will conform to societal norms

Question 6

Education Theory of Punishment

Answer 6

The publicity surrounding the punishment will educate the public to distinguish between good and bad conduct and develop respect for the law

Question 7

Felony

Answer 7

Crime punishable by death or imprisonment exceeding 1 year

Question 8

Misdemeanor

Answer 8

Crime punishable by imprisonment for less than one year or only by fine

Question 9

Malum in se

Answer 9

“wrong in itself” - inherently evil because criminal intent is an element of the offense or because the crime involves moral turpitude (E.g., battery, drunken driving, larceny)

Question 10

Malum prohibitum

Answer 10

Crime that is wrong only because it is prohibited by legislation (e.g., speeding, hunting without a license)

Question 11

Void for Vagueness Doctrine

Answer 11

A criminal statute must (1) give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden and (2) must not encourage arbitrary arrest or conviction

Question 12

Ex Post Facto Law

Answer 12

Unconstitutional law that operates retroactively to (1) criminalize an act that was legal when done; (2) aggravate a crime’s punishment; (3) change the rules of evidence to the detriment of defendants, or; (4) alter a law of crim pro to deprive defendants of a substantive right

Question 13

Merger

Answer 13

Lesser included offenses “merge” into greater offenses (e.g., You are charged with illegal possession for sale and illegal possession; former includes the latter).
Solicitation and attempt can be merged.