Midterm

Question 1

Describe Criminal Law

Answer 1

Designed to allow the adjudication and punishment of those who violate society’s rules or criminal laws. The state is the aggrieved party and the wrongdoer is the defendant

Question 2

Describe Civil law

Answer 2

Designed to address private wrongs. A private citizen who believes that he or she has been injured in some way by another may sue that party for damages.

Question 3

What is the court requirement for criminal law?

Answer 3

Proof beyond reasonable doubt

Question 4

What is the requirement for civil law?

Answer 4

Proof by a preponderance of the evidence

Question 5

What are the two sources of law?

Answer 5

Common law and Statutory law

Question 6

Explain common law

Answer 6

Primary sources of law- judge made law.

Question 7

Explain Statutory law

Answer 7

Includes the constitution, Statutes, ordinances, and administrative regulations

Question 8

Who “quite literally make law?”

Answer 8

Legislators

Question 9

What is statutes?

Answer 9

Legislative enactment or bills

Question 10

Explain what Criminal code is/process

Answer 10

Legislators passing legislative enactment or bills which are collected into codes

Question 11

Give an example of Administrative regulations

Answer 11

Regulations affecting food and drugs and occupational safety requirements

Question 12

What is judicial review?

Answer 12

The court has the power to examine a law and determine whether it is constitutional. Judges must examine law and compare it to the constitution

Question 13

What means “let the decision stand”

Answer 13

Stare Decisis

Question 14

What is the first known legal written code?

Answer 14

Code of Hammurabi

Question 15

What are the two models of criminal justice?

Answer 15

The Crime control model and the Due Process model

Question 16

What is the crime control model perspective?

Answer 16

Views the suppression of criminal conduct(controlling crime) as the most important function of the criminal justice system. Control crime by apprehending, convicting and punishing those who violate the law. Efficiency is key! (Packer) metaphor- Assembly Line

Question 17

What is the Due process Model perspective?

Answer 17

Designed not to move cased forward as expeditiously as possible but rather to throw up hurdles to carrying the case from one stage to the next. Stresses reliability and minimizing mistakes! Metaphor- Obstacle course

Question 18

What is Factual Guilt?

Answer 18

Means that evidence shows that there is a high probability that the defendant committed the crime of which they are accused.

Question 19

What is Legal guilt?

Answer 19

Refers to the process by which determinations of guilt are made

Question 20

What is the presumption of guilt?

Answer 20

Rests on the belief in the reliability of the screening process operated by police and prosecutors. (Prediction of outcome)

Question 21

What is the presumption of innocence?

Answer 21

Means that until the defendant has been adjudicated guilty, that person is to be treated for reasons that have nothing whatever to do with the probable outcome of the case as if his guilt is an open question

Question 22

What is referred as the discovery period?

Answer 22

The period between arraignment and trial is. This is the time when both sides may seek to discover what evidence the other side has

Question 23

What is a motion to compel discovery?

Answer 23

Formal request to the Judge on the case to intervene in the pre trial stage and order disclosure of evidence the government intends to use at trial

Question 24

What is motion to suppress evidence?

Answer 24

A motion filed by the defense attorney in a criminal case asking the Judge to throw out evidence obtained by the police or a private party because it was obtained in violation of the constitution or a Texas Law

Question 25

How is jury selected?

Answer 25

Eligible members of community who are selected at random usually from voting records

Question 26

What is the legal term for summoning jurors?

Answer 26

Venire- Latin for “to cause” or to “make come”

Question 27

What is Voir Dire?

Answer 27

Process of questioning jurors by judge and attorneys to determine any bias, prejudice, or interest that wouldn’t make them impartial

Question 28

Explain a Peremptory challenge

Answer 28

A challenge for cause is based on evidence that a juror cannot be impartial. Challenges are limited to 6, in death trials, 12.

Question 29

Can jury be as small as six?

Answer 29

Yes

Question 30

Pre trial Proceedings- what is the process?

Answer 30

Begins with either a complaint or arrest. After arrest the defendant is booked. Next is a court appearance called initial appearance.

Question 31

What happens at arrainment?

Answer 31

The defendant enters a plea, which is their response to the charges

Question 32

What is Standing Mute?

Answer 32

Refusing to enter any plea at all- judge enters a not guilty plea for the defendant in this case

Question 33

What is a no contest plea?

Answer 33

Nolo contendre, defendant accepts whatever punishment the court would impose on a guilty defendant but refused to admit criminal wrongdoing

Question 34

What is an Alford Plea?

Answer 34

“I am guilty but I’m innocent”

Question 35

What is Parens Patriae

Answer 35

the government’s right and obligation to act on behalf of the child

Question 36

Actus Reus?

Answer 36

A criminal act, must be an act in order for there to be a crime. Guilty act, voluntary bodily movements, an omission when there is a legal duty to act, and possession.

Question 37

What is men’s rea?

Answer 37

Criminal intent

Question 38

What are the 4 levels of intent in the model penal code?

Answer 38

Purposeful, knowing, reckless, and negligent

Question 39

What is transferred intent?

Answer 39

Applies to situation where a person intended to harm A but in error harmed B. This doctrine transfers the intent to harm A or B

Question 40

What is Concurrence?

Answer 40

Union of criminal act and criminal intent.

Question 41

What is causation?

Answer 41

Two types- Factual and legal.

Question 42

What are the affirmative defenses for criminal liability?

Answer 42

Alibi, justification, and excuse

Question 43

What are two examples of an excuse defense?

Answer 43

Age and insanity

Question 44

Inchoate crimes are?

Answer 44

A crime that is incomplete or that happens in preparation for another crime

Question 45

What are the 3 types of inchoate crimes?

Answer 45

Attempt, Solicitation, Conspiracy, Parties to Crime

Question 46

5th amendment?

Answer 46

Freedom from double jeopardy and self incrimination

Question 47

6th amendment?

Answer 47

Right to a speedy trial, impartial jury, to an attorney

Question 48

8th amendment?

Answer 48

Freedom from excessive bail and from cruel and unusual punishment