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Criminal Law and Procedure > Quiz 3 > Flashcards

Quiz 3 Flashcards

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1
Q

Punishment

A

when an agent of the government, using authority granted by virtue of a legal criminal conviction, intentionally inflicts pain, loss of liberty, or some other unpleasant consequence on the person who has been convicted.

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2
Q

Retributive justification

A

a justification for punishment based on the theory that a wrongdoer deserves punishment for punishment’s sake

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3
Q

Utilitarian punishment

A

a justification for punishment based on the theory that a social practice is desirable if it promotes the greatest good for the largest number of people.

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4
Q

general deterrence

A

the effect that punishment of the offender will have in causing other people in the community to refrain from committing the same crime

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5
Q

individual deterrence

A

the effect that the imposition of punishment on the wrongdoer will have in causing him or her to refrain from repeating the act.

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6
Q

Incapacitation

A

the removal or restriction of freedom of those who have violated criminal law, usually by imprisonment

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7
Q

Reform

A

rehabilitation of the offender so that he or she will no longer desire to commit crimes and will be a useful citizen may be sought as a by product of punishment.

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8
Q

Indeterminate Sentencing

A

trial judge has great discretion and correctional authorities have the power to release a prisoner before completion of the maximum sentence if rehabilitative goals have been achieved; indeterminate is state

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9
Q

Determinate Sentencing

A

abolishes parole boards and creates presumptive sentencing ranges for various classes of offenses, thereby limiting trial judges’ discretion; determinate is federal

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10
Q

sentencing guidelines

A

set of standards set by a commission legislatively established for that purpose, that judges in determinate sentencing system must of may follow

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11
Q

mandatory sentencing

A

laws by which the state’s legislature fixes either the exact penalty for the crime or a minimum number of years that the defendant must serve

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11
Q

habitual-felon law
(habitual-offender)

A

laws that provide for enhanced sentencing of repeat offenders

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11
Q

probation

A

the suspension of a sentence of incarceration, allowing the offender to return to the community with conditions under the supervision of a parole officer

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12
Q

parole

A

release of an offender from incarceration prior to the expiration date of the full term of incarceration

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13
Q

homicide

A

the killing of one person by another

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14
Q

criminal homicide

A

any act that causes the death of another person with criminal intent and without lawful justification or excuse

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14
Q

premeditation and deliberation

A

the mental state that raises second-degree murder to the first-degree murder in jurisdictions that classify murder into two or more levels; cold blooded killing

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14
Q

murder

A

the killing of another with the mental element of malice aforethought

14
Q

manslaughter

A

the killing of another without the mental element of malice aforethought

15
Q

five basic elements of all criminal homicides

A

actus reus, mens rea, causation, death of the victim, and lack of lawful justification or excuse

15
Q

The five possible mental states that comprise malice aforethought

A

specific intent to kill, intent to inflict grievous bodily harm, extreme reckless grievous bodily harm, intent to commit a felony that results in the death of a human, intent to resist a known lawful arrest

15
Q

felony murder rule

A

when the accused kills in the course of committing a felony, mens rea is present, and therefore muder has been committed

16
Q

inherently dangerous felonies

A

felonies involving conduct that is inherently dangerous to human life, such as rape, arson, and armed robbery

16
Q

capital murder

A

a charge of murder with the maximum punishment of death, often called murder in the first degree

17
Q

utilitarian justification

A

justification for punishment based on the theory that social practice is desirable if it promotes the greatest good for the largest number of people

18
Q

malice

A

a state of mind connoting an “abandoned and malignant heart”. not limited to the specific intent to kill, since even a wanton or reckless state of mind may constitute malice

19
Q

elements of capital murder

A

an intentional killing that is aggravated by premeditation and deliberation; an unintentional killing committed by poison, torture, ambush, or bomb; a killing occurring during the commission of specifically enumerated or inherently dangerous felonies

20
Q

voluntary manslaughter

A

An intentional, unlawful killing of a human being without malice aforethought

21
Q

provocation

A

acted in a heat of passion, caused by legally sufficient provocation, of such a degree as would cause a person reasonable, ordinary temperament to lose self control

22
Q

adequate provocation

A

when the acts or conduct of the person killed would be sufficient to cause a person of reasonable, ordinary temperament to lose control; cant claim if accused had cool off period.

23
Q

mistaken justification (imperfect self defense)

A

partial defense that reduces a murder charge to voluntary manslaughter, where the claim of self-defense fails because its not objectively reasonable but is honestly believed by the accused

23
Q

Involuntary manslaughter

A

a criminal homicide that encompasses a killing done without such indifference to human life as to constitute implied malice

24
Q

negligent homicide

A

a person who has neglected to exercise the degree of care

25
Q

vehicular manslaughter

A

perpetrator caused a death while operating a vehicle, either by gross negligence or under the influence

26
Q

battery

A

misdemeanor consisting of the unlawful application of force that intentionally causes the touching of another person against his or her will

26
Q

aggravated battery

A

battery accompanied by an intent to kill or rape

27
Q

assault

A

a misdemeanor consisting of either an attempted battery or an intentional frightening of another person

28
Q

robbery

A

taking of property by the use of force or fear

29
Q

armed robbery

A

robbery accomplished by means of a dangerous or deadly weapon

30
Q

robbing the elderly

A

person over 65 = 5 yr imprisonement

31
Q

rape

A

felony defined as “ the carnal knowledge of a woman forcibly and against her will”

32
Q

criminal abortion

A

artificially induced expulsion of a fetus by illegal means, such as spousal abuse

33
Q

shopkeepers rule

A

exception to false imprisonment laws that gives a shopkeeper the right to restrain a person if there’s a reasonable belief that the customer has not paid

Criminal Law and Procedure (3 decks)

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