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Criminal Justice > MIDTERM > Flashcards

MIDTERM Flashcards

1
Q

Alcohol intoxication can be used as what type of defense?

A

Excuse defense

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2
Q

What are the basic functions of criminal law?

A
  • Protect and punish

- Maintain and teach

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3
Q

Which amendment protects against double jeopardy?

A

Fifth amendment

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4
Q

What laws are responsible for the rules, orders and decisions of regulatory agencies?

A

Administrative laws

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5
Q

What is Mens Rea?

A

The mental state, intent, or purpose

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6
Q

What makes it possible to convict a person of a crime they did not actually convict?

A

Accomplice liability

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7
Q

What do many states use to impose harsher penalties on certain crimes?

A

Attendant circumstances

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8
Q

What amendment requires states to adhere to the Bill of Rights?

A

The Fourteenth Amendment

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9
Q

The M’Naughten rule is?

A

A test for insanity

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10
Q

List some justification defenses?

A

Duress, self-defense, necessity, entrapment and intoxication

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11
Q

The purpose of the social function of the law is to?

A

Respect values and norms in society

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12
Q

The body of law enacted by legislative bodies is called?

A

Case Law

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13
Q

Lex Talionis is the concept of?

A

Retribution

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14
Q

What is required for the defense of duress?

A

The threat must be of serious bodily harm or death, greater than harm caused by the crime, immediate and inescapable.

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15
Q

The legal function go the law is to?

A

Maintain social order by protecting citizens from criminal harm.

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16
Q

Race in a hate crime can be attendant circumstances or what when it comes to a criminal act?

A

Motive

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17
Q

Unlawful pressure causing a person to perform an act is?

A

Duress

18
Q

Procedural due process prevents?

A

Unfair practices by powers of the government

19
Q

A wrongful mental state is known as?

A

Mens Rea

20
Q

What amendment contains the prohibition against double jeopardy?

A

The Fifth Amendment

21
Q

What amendment provides that no person shall be deprived of life, liberty, or property without due process of law?

A

The Fifth Amendment

22
Q

Who determines whether an individuals due process rights have been violated?

A

The Supreme Court

23
Q

Which federal circuit has jurisdiction over cases involving patent law and cases where the United States is the defendant?

A

The 13 circuit courts

24
Q

Which court is a court of origination and appellate court?

A

The U.S. Supreme Court

25
Q

What type of requests does the Supreme Court issue to lower courts as an order to review the case record?

A

Writ of Certiorari

26
Q

What is found in U.S. Supreme Court decisions?

A

An opinion, a concurring opinion, and a descending opinion

27
Q

How many women have been confirmed and seated as U.S. Supreme Court justices?

A

4 women

28
Q

Who is the dominant figure in the courtroom workgroup?

A

The Judge

29
Q

Courts having appellate jurisdiction act as?

A

Questioning the law

30
Q

The court’s crime control function emphasizes punishment and?

A

Punishment and retribution

31
Q

Which court is not considered a state specialty court?

A

Magistrate courts

32
Q

One criticism of merit selection is that?

A

There is a lack of diversity on the bench

33
Q

Case overload has been linked to?

A

Closure rates rise

34
Q

Which member of the courtroom workgroup is responsible for the large amount of paperwork which is generated during a trial?

A

The clerk of the court

35
Q

The term dual court system refers to?

A

An interrelated federal and state court system

36
Q

U.S. Supreme Court rulings are decided in?

A

Private conference

37
Q

Trial courts are concerned with?

A

Questions of a fact

38
Q

Which of the following is a part of the U.S. federal court system?

A

U.S. Tribunal Courts

39
Q

During pretrial activities a judge may handle what?

A

Probable clause for arrest, bond issues, and justification of detention


40
Q

During pretrial activities the judge assumes the role of?

A

Negotiator

41
Q

State courts that have general jurisdiction are called what?

A

Municipal courts

42
Q

The bureaucratic function of the court is concerned with?

A

Speed and efficiency, processing cases

Criminal Justice (4 decks)

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