Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CRIMINOLOGY > Week 3 > Flashcards

Week 3 Flashcards

1
Q

What is a crime? What is a deviance?

A
  • Crime: an act committed in violation of a law prohibiting it OR omitted in violation of a law ordering it (child neglect, for example)
  • Deviance: an act, belief, or characteristic that violates a social nor. It may or may not be a crime.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the corpus delicti? Actus reus? Mens rea?

A
  • Corpus delicti (“the body of the offense”): proof that a crime has been committed
    • No “body” is actually necessary
  • Actus reus: guilty act
  • Mens rea: guilty mind/ intent
    • Not always required: “strict liability” crimes
      • Parking violations
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Criminal Law and Criminal Procedure?

A
  • Criminal law defines the rights and obligations of individuals in society.
    • Examples: elements of specific crimes, punishments for these crimes, & the elements of various criminal defenses (legal excuses for committing crimes)
  • Criminal procedure generally concerns the protection of individuals’ rights during the criminal process.
    • Examples: individuals’ rights during law enforcement investigation, arrest, filing of charges, trial, and appeal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the rules of Criminal Law Legality?

A
  • The law must be passed and publicly available before it can be used against anyone (rule of legality)
  • You cannot be punished using laws passed after you committed a crime (ex post facto)
  • The government must have a compelling reason to make the law & the government must ensure due process rights for defendants
  • Laws cannot be too vague
  • Laws cannot violate a reasonable right to privacy
  • Laws cannot violate established Constitutional protections
  • No cruel & unusual punishment (8th Amendment Right)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the clasifications of crimes?

A
  • These terms are defined by the punishments outlined in law
  • Infractions: punishable only by fines (traffic offenses, etc.)
  • Misdemeanor: up to 1 year in jail, plus fines
  • Felony: can include prison time, plus fines
  • Inchoate Offenses: incomplete criminal acts (attempt, conspiracy, solicitation…)
  • Violent crimes: crimes that harm people
  • Property Crimes: crimes that affect property
  • Crimes against the state: terrorism, espionage, treason
  • “Victimless” crimes: prostitution, gambling, drug use
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which of these Latin terms refers to the “guilty act” element of a crime

A) Corpus Delicti
B) Actus Reus
C) Men Rea

A

B) Actus Reus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A state can pass a law making the practice of Islam a criminal offense within state borders.

A) TRUE
B) FALSE

A

B) FALSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the degrees of murder?

A
  • 1st degree: intentional, planned
  • 2nd degree: intentional, not necessarily planned
  • Voluntary manslaughter: heat of passion, offender provoked
  • Involuntary manslaughter: carelessness, negligence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is Burglary, Robbery,and Larceny?

A
  • Robbery: taking someone’s property by force or threat of force
    Ex: muggings
  • Burglary: illegally entering a property with intent to commit a felony
  • Larceny: theft from a location without use/ threat of force against persons and without illegal entry
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does aggravated assault result in?

A

Aggravated may involve the use of a deadly weapon, substantial harm, intent to kill/ rape, or attacks on police officers (varies by jurisdiction)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are sources of the law?

A
  • U.S. Constitution
    Each state also has a state constitution
  • Statutes: laws enacted by the state and Federal (United States Code) governments
  • Ordinances: laws enacted by local governments
  • Case law: decisions courts (especially Supreme Courts) have made in the past
    • Sometimes referred to as precedent
  • International Agreements
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Jim smashes a window on a home. He enters the house, steals expensive jewelry and electronics, and leaves. Jim’s has committed which crime?

A) Burglary
B) Larceny
C) Robbery

A

A) Burglary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does the legislative branch do?

A

Creates Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does the executive branch do?

A

Enforce Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the judicial branch do?

A

Interprets Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which branch of our government is responsible for interpreting laws?

A) Legislative
B) Judicial
C) Executive

A

B) Judicial

17
Q

What is Civil Law and what is Criminal Law?

A
  • Civil Law largely deals with disputes between individuals and companies
    • Torts: where one person sues another for civil damages (monetary losses)
    • Civil cases may revolve around violation of criminal law!
      • Example: someone might sue for the cost of repairs needed because of a break-in, or for lost wages from assault
  • Criminal Law deals with actions violating state or Federal criminal law
18
Q

What happens in Civil Court?

A
  • The accusing individual/ organization is termed the plaintiff
    • The accused is still called a defendant
  • The defendant must pay for his/ her own attorney– there is no right to free representation if he/ she cannot afford an attorney
  • Goal of civil litigation is to compensate the plaintiff for any injuries and to put the plaintiff back in the position that person held before the injury occurred
  • We find defendants liable, rather than guilty
  • The plaintiff must be able to demonstrate harm in order to have a case
  • The plaintiff may be awarded damages: money or property to compensate for loss
    • Punitive damages are above and beyond the amount of harm and are intended as punishment
    • Compensatory damages compensate the plaintiff for harm
19
Q

What is Burden of Proof and what does it have to do with Civil and Criminal Court?

A
  • Definition: what a party at trial must establish in order to prove an argument/ case
  • Civil Court: “preponderance of the evidence”
    • enough evidence to make it more likely than not that the fact the claimant seeks to prove is true
    • Plaintiff has burden to prove his/ her complaint
  • Criminal Court: “beyond a reasonable doubt”
    • evidence establishes a particular point to a moral certainty and that it is beyond dispute that any reasonable alternative is possible
    • Prosecution must establish these facts
20
Q

In Civil Court, the accuser is called the ____________.

A) Defendant
B) Plaintiff
C) Prosecutor
D) Adjudicator

A

B) Plaintiff

21
Q

What is the Criminal Defense?

A
  • In some cases, a defendant will make an affirmative defense. In other words, rather than simply arguing he/ she is not guilty, the defendant argues that he/ she is guilty but should not be punished because of a legally recognized reason
  • The legal excuse for criminal behavior is called a criminal or affirmative defense
  • In these cases, the burden or proof is on the defendant to establish the facts of his defense
  • A defense may excuse a defendant from all guilt, or may reduce punishment
22
Q

What are 8 examples of Criminal Defenses?

A
  • Mistake of fact: woman marries again believing her husband to be dead
  • Intoxication (varies by state)
  • Duress/ Coercion: forced to commit a crime
  • Immunity: diplomats, legislative officials
  • Infancy: too young to be treated as an adult
  • Necessity: avoiding lesser of two evils
  • Self-defense– many changes to this one recently
  • Entrapment: when law enforcement officials trick someone into committing a crime they otherwise had no intention of committing
23
Q

What is the M’Naghten Rule?

A

Rule: a person must not know what they are doing, or not know that what they are doing is wrong

24
Q

What is the Durham rule?

A

Criminal act the result of mental disease/ defect

25
Q

What is the Substantial Capacity Test?

A

Person must lack substantial capacity to understand the wrongfulness of the action or to follow the law even if they do understand that the act is wrong

26
Q

What is the Guilty but Mentally Ill rule?

A

Mentally ill but still criminally responsible

27
Q

What is the Insanity Defense Reform Act?

A

at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts

28
Q

Being forced to commit a crime by someone outside of law enforcement is which criminal defense?

A) Entrapment
B) Duress/ Coercion
C) Immunity
D) Self-Defense

A

B) Duress/Coercion

29
Q

What is the Justinians Code?

A
  • Corpus Iuris Civlis (Body of Civil Law)
  • Roman emperor Justinian pushed to have all current laws collected into one source
  • Inspired legal systems across Europe
30
Q

What is the English System of Law?

A
  • The primary origin of our modern criminal law in the U.S.

- Judges would travel from town to town to deliver rulings on cases brought before them in each area

31
Q

What is common law?

A

When a particular ruling was given in several cases, it became a standard by which later cases would be judged

32
Q

What is mala prohibitum?

A
  • mala prohibitum: law that reflects ever-changing social conditions
  • needed to supplement common law
33
Q

Who was Sir William Black Stone?

A

He is a British judge and politician

34
Q

The primary origin of modern criminal law in the U.S. is derived from the _________ Common Law System.

A) French
B) German
C) English
D) Roman

A

C) English

CRIMINOLOGY (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions