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criminal conduct

____ are acts triggered by criminal intent.

burden of persuasion

_____ is the responsibility to cnvince the finder of the truth of the defense.

behavior that the public tends to be immoral.

What Behavior Deserves Criminal Punishment?

private wrongs for which you can sue the party who wronged you and recover money

What are NonCriminal Wrongs? (torts)

social control

Criminal law is only one kind of ____, one form of responsibillity for deviating from social norms.

when criminial prosecutions are brought by the government against the individuals.

What are crimes?

Crimes of moral turpitude

How are we Classifying Crimes?

case citation—

______-the numbers, letters, and punctuation that follow the title of a case in the excerpts or in the bibliography at the end of the book (p. 35)

plurality opinion (in criminal cases)—

_____-opinion that represents the reasoning of the greatest number (but less than a majority) of justices (p. 34)

concurring opinion (in criminal cases)—

_____- opinions written in which justices agree with the conclusions of either the majority or the dissenting opinion, but they have different reasons for reaching the conclusion (p. 34)

opinion (in criminal cases)—

______-explanation of how and why the court applied the law to the facts of the case (p. 32)

judgment (in criminal cases)—

______-how the court disposes of the case (p. 32)

"guilty" verdict-----

_____ the government proved its case beyond a reasonable doubt (p. 32)

"not guilty" verdict—

_____-government didn't prove its case beyond a reasonable doubt (p. 32)

discretionary decision making

______-judgments made by professionals, based on unwritten rules, their training, and their experience (p. 31)

preponderance of the evidence—

_____- more than 50 percent (p. 30)

burden of persuasion—

_____-defendants have to prove their defenses by a preponderance of the evidence, defined as more than 50 percent (p. 30)

burden of production—

______- requirement that defendants have to "start matters off by putting in some evidence in support" of their justification or excuse (LaFave and Scott, 1986, 52) (p. 30)

affirmative defenses—

____- defenses based on justification and excuse (p. 30)

corpus delicti—

____- (Latin body of the crime). Properly applies to the elements of criminal conduct (for example, stealing someone's property in theft) and bad result crimes (for example, criminal homicide) (p. 30)

bench trial—

_____-cases where defendants give up their right to a jury trial, prosecutors have to prove guilt to the trial judge. (p. 30)

reasonable doubt—

______-"the proof that prevents one from being convinced of the defendant's guilt, or the belief that there is a real possibility that the defendant is not guilty" (Black's Law Dictionary 2004, 1293) (p. 29)

proof beyond a reasonable doubt—

______ the highest standard of proof known to the law (p. 29)

burden of proof—

______ the responsibility of proving the criminal act and intent (p. 29)

presumption of innocence—

_____- the prosecution has the burden of proof when it comes to proving the criminal act and intent (p. 29)

fixed (determinate sentences)—

______- the sentence depends on the criminal harm suffered by the victim, not the rehabilitation of the offender (p. 29)

indeterminate sentencing laws—

_____- sentences that made prison release dependent upon rehabilitation (p. 28)

determinism (and criminal punishment)—

_____- forces beyond offenders' control cause them to commit crimes (p. 27)

"medical model" of criminal law—

_____- crime is a "disease," and criminals are "sick" (p. 27)


_____- restrains convicted offenders from committing further crimes (p. 26)

principle of utility—

_____- permitting only the minimum amount of pain necessary to prevent the crime as punishment (p. 25)

deterrence theory—

_____- rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes (p. 25)

rationalism (and criminal punishment)—

_____- natural law that individuals can, and ordinarily do, act to maximize pleasure and minimize pain (p. 25)

hedonism (and criminal punishment)—

_____-natural law that human beings seek pleasure and avoid pain (p. 25)

rehabilitation (and criminal punishment)—

_____- aims to prevent future crimes by changing individual offenders so they'll want to play by the rules and won't commit any more crimes in the future (p. 24)

incapacitation (and criminal punishment)—

______-prevents convicted criminals from committing future crimes by locking them up, or more rarely, by altering them surgically or executing them (p. 24)

special deterrence (and criminal punishment)—

______-aims, by punishing already convicted offenders, to prevent them from committing any more crimes in the future (p. 24)

general deterrence (and criminal punishment)—

______-aims, by threat of punishment to deter criminal behavior in the general population (p.24)

prevention(and criminal punishment)—

_____-punishing offenders to prevent crimes in the future (p. 22)

retribution(and criminal punishment)—

____-punishment based on just deserts (p. 22)

criminal punishment—

_____-penalties that meet the following four criteria: 1. They have to inflict pain or other unpleasant consequences; 2. They have to prescribe a punishment in the same law that defines the crime 3. They have to be administered intentionally; and 4. The state has to administer them. (p. 22)


_____-intentionally inflicting pain or other unpleasant consequences on another person (p. 21)

rates of imprisonment—

______ the numbers of prisoners per 100,000 people in the general population (p. 20)

federal system—

_____-52 criminal codes, one for each of the 50 states, one for the District of Columbia, and the U.S. Criminal Code (p. 19)

administrative crimes—

______- violations of state and federal rules made by administrative agencies. (p. 19)

analysis of criminal liability—

______- how to analyze statutes and cases to answer the question "What behavior deserves criminal punishment? (p. 17)

model penal code (MPC)—

______- the code developed by the American Law Institute to guide reform in criminal law (p. 16)

codified (criminal law)—

_____- put into writing the criminal law, defining crimes and spelling out punishments. (p. 15)

common-law crimes—

_____- crimes originating in the English common law (p. 13)

special part of the criminal law—

____-defines the elements of specific crimes (p. 12)

general part of the criminal law—

____-principles that apply to all crimes (p. 12)


____- minor crimes for which the penalty is usually less than one year in jail or a fine (p. 11)


____- serious crimes that are generally punishable by one year or more in prison (p. 11)

crimes of moral turpitude—

_____- criminal behavior that needs no law to tell us it's criminal because it's inherently wrong or evil, like murder and rape (p. 11


______-private wrongs for which you can sue the party who wronged you and recover money (p. 8)

criminal liability—

____-"conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests" (1985, § 1.02(1)(a)) (p. 6)

(1) What behavior deserves criminal punishment, and
(2) What is the appropriate punishment for criminal behavior.

The criminal law can be boiled down to answering two questions:

violent crimes,
property crimes,
and minor crimes.

Criminal behavior can be summarized into three basic categories:

a definition of behavior that deserves punishment also known as criminal liability.

The American Law Institute's (ALI) Model Penal Code (MPC) provides:

"conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests" (1985, § 1.02(1)(a)).

Criminal liability falls on :


Crimes and torts represent two different ways our legal system responds to social and individual harm. Crimes and torts are both different and similar.


Crimes can be classified or graded according to many schemes. The most widely used scheme for classifying crimes is according to the kind and quantity of punishment.

punishable by death or confinement in the state's prison for one year to life without parole; misdemeanors are punishable by fine and/or confinement in the local jail for up to one year.

Felonies are crimes :

a general part
and a special part.

Criminal law consists of two parts:

principles that apply to more than one crime.

The general part of criminal law consists of:


Most state criminal codes today include a general part.

specific crimes and arranges them into groups according to subject matter.

The special part of criminal law defines :

state criminal codes

Most criminal law is found in ______ created by elected representatives in state legislatures and municipal codes created by city and town councils elected by the people

substantial body of criminal law

There's also a ______ in the U.S. Criminal Code created by Congress

common-law crimes.

Judges' court opinions were the original source of criminal law, and it remained that way for several centuries. Crimes defined by judges' court opinions are known as ______

Model Penal Code (MPC)

After the final draft of the ________ in 1962, most states changed their penal code to be more like the MPC and less like the common-law.


Most of the criminal law is left up to the states

crimes committed on military bases and other national property; crimes against federal officers; and crimes that are difficult for one state to prosecute.

The U.S. government's power is limited to crimes specifically related to national interests, such as:


Although the United States has only ____ of the world's population, it has almost ____of the world's prisoners.


. Think of "not guilty" as "not legally guilty." A guilty verdict doesn't mean not innocent; it means the government proved its case beyond a reasonable doubt.

Discretionary decision making

______-is decision making that's hidden from view. It includes the police decision to investigate or not, prosecutors decision to charge, judges suspending sentences, and more.

(1) title
(2) citation
(3) procedural history
(4) judge
(5) facts
(6) decision
(7) opinion.

There are seven main parts of each case:

majority opinions,
dissenting opinions,
concurring opinions,
plurality opinions

There are different types of case opinions, these include .

1.) The names of the parties are given first.
2.) The first number (319) is the volume number. 3.) The abbreviation (N.W. 2d) is the set of books or reporters.
4.)The second number (459) is the page in that volume where that opinion begins.
5.) Finally, the last number (1982) is the date the opinion was handed down.

An example of a citation would be State v. Metzger, 319 N.W. 2d 459 (Neb. 1982). :::::::


There are a variety of publications and reporters for different jurisdictions. Some citations will also indicate the particular court that handed down the opinion in the same parentheses as the date.

Abuse-of-discretion standard—

_____-"failure to exercise sound, reasonable, and legal decision making; and appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence." (p. 75)

Apprendi rule—

_____-other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt (p. 72)

sentencing guidelines—

_____-sentencing scheme in which a commission establishes a narrow range of penalties and judges are supposed to choose a specific sentence within that range (p. 70)

fixed (also called determinate) sentencing—

______=sentencing scheme which fixes or determines sentence length according to the seriousness of the crime (p. 70)

mandatory minimum sentences—

______-laws requiring judges to impose a non discretionary minimum amount of prison time that all offenders have to serve (p. 67)

three-strikes-and-you're-out laws—

______-laws that are supposed to make sure that offenders who are convicted of a third felony get locked up for a very long time (p. 67)

principle of proportionality—

______-a principle of law stating that the punishment must be proportional to the crime committed (p. 60)

cruel and unusual punishment—"

______-barbaric" punishments and punishments that are disproportionate to the crime committed (p. 60)

barbaric punishments—

______-punishment considered no longer acceptable (p. 59)

Second Amendment—

_______-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. U.S. Constitution, Amendment II (p. 56)

fundamental right to privacy

_______—a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life" (p. 52)

bench trial—

______-trial without a jury (p. 49)

expressive conduct (in First Amendment)—

________-actions that communicate ideas and feelings (p. 47)

equal protection of the laws—

_________-the 14th Amendment includes a clause which requires states to provide citizens with equal protection. This has been interpreted by the courts to mean that state agents (and laws) cannot make arbitrary, irrational distinctions between people. Differential of people are permitted, but this differential treatment must not be based on race, religion, or gender. (p. 46)

fair notice (in void-for-vagueness doctrine)—"

______-Would an ordinary, reasonable person know that what he was doing was criminal?" (p. 42)

void-for-overbreadth doctrine—

_____-the principle that a statute is unconstitutional if it includes in its definition of undesirable behavior conduct protected under the U.S. Constitution (p. 48)

void-for-vagueness doctrine—

_____-the principle that statutes violate due process if they don't clearly define crime and punishment in advance (p. 42)

ex post facto law—

_____-a law passed after the occurrence of the conduct constituting the crime (p. 41)

rule of law—

_____-the law is above everyone and it applies to everyone (p. 40)

constitutional democracy—

_____-a democracy in which the majority can't make a crime out of what the Constitution protects as a fundamental right (p. 40)


The United States is a _____ democracy.

. The principle of legality

_____ means that no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before they engaged in the behavior that was defined as a crime.

hughes v. state

Court said that the definition of a human life includes a viable human fetus.Whether or nor the fetus is born alive, an unborn fetus that is viable at the time of injury is a human being which may be the victim of a homicide. (Oklahoma)

1.), knowing what the law commands provides individuals with the opportunity to obey the law and avoid punishment.
2.) providing individuals with this opportunity promotes the value of human autonomy and dignity.
3.) the ban on retroactive criminal lawmaking also prevents officials from punishing conduct they think is wrong but which no existing criminal law prohibits.

The purpose of banning ex post facto and vague criminal statutes is that they undermine the central values of free societies::::

the Fifth Amendment and the Fourteenth Amendment

The U.S. Supreme Court has ruled that vague laws violate the guarantees of two provisions in the U.S. Constitution:.

1.) void laws fail to give fair warning to individuals as to what the law prohibits.
2.) they allow arbitrary and discriminatory criminal justice administration.

The void-for-vagueness doctrine addresses two evils:


Whether the emphasis is on notice to individuals or control of officials, the void-for-vagueness doctrine can never cure the uncertainty in all laws

whether the language may apply not only to a particular act about which there can be little or no difference of opinion, but equally to other acts about which there may be radical differences

The test to determine whether a statute defining an offense is void for uncertainty is :::::,


. The dividing line between what is lawful and what is unlawful cannot be left to _____.

Equal protection is far more frequently an issue in criminal procedure than it is in criminal law; we'll note briefly here the limits it puts on criminal lawmaking and punishment.

In addition to the due process guarantee, the Fourteenth Amendment to the U.S. Constitution commands that "no state shall deny to any person within its jurisdiction the equal protection of the laws.":::::::::


Equal protection doesn't require the government to treat everybody exactly alike.

1.) is the ban on making a crime out of the First Amendment rights to speech, religion, and associations;
2.)the other is criminalizing behavior protected by the right to privacy created by the U.S. Supreme Court.

The Bill of Rights bans defining certain kinds of behavior as criminal::::::.

The Court has ruled that free speech is a fundamental right, one that enjoys preferred status.

(Gitlow v. New York). ::::::

libel and slander
fighting words
and clear and present danger.

According to the Supreme Court, there are five categories of expression not protected by the First Amendment:

invalidating laws so broadly written that the fear of prosecution creates a "chilling effect" that discourages people from exercising that freedom.

The void-for-overbreadth doctrine protects speech guaranteed by the first amendment by :::::

(Griswold v. Connecticut 1965, 484).

The U.S. Supreme Court has decided there is a constitutional right to privacy, a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life" ::::

fundamental right

Not only is privacy a constitutional right, it's a _____ that requires the government to prove that a compelling interest justifies invading it.

First, Third, Fourth, Ninth, Fifth and Fourteenth. This cluster of amendments sends the implied but strong message that we have the right to be let alone by the government.

According to the Court (Griswold v. Connecticut 1965), the fundamental right to privacy originates in six amendments to the U.S. Constitution:

instantaneous and painless and can't involve unnecessary mutilation of the body. Punishments must also be proportional - the punishment must fit the crime.

According to the Supreme Court, for a punishment not to be "cruel" it must be :::::

proportionality principle applies

A majority of the U.S. Supreme Court has consistently agreed that the ______to death penalty cases


as the Court puts it, "death is different." There are numerous capital crimes where no one is killed; they include treason, espionage, kidnapping, aircraft hijacking, large-scale drug trafficking, train wrecking, and perjury that leads to someone's execution (Liptak 2003)


Death is ______for rape.


Executing mentally retarded persons and juveniles _____ the ban on cruel and unusual punishment

1. Addresses laws that fail to give fair warning to individuals as to what the law prohibits
2. Addresses laws that allow arbitrary and discriminatory criminal justice administration

The Aims of the Void-for-Vagueness Doctrine are:

(Texas v. Johnson 1989, 404).

The Court has expanded the meaning of "speech" by holding that the protection of the amendment "does not end with the spoken or written word"

Griswold v. Connecticut (1965),

In ______the Court concluded that the fundamental right to privacy originates in six amendments to the U.S. Constitution: the First, Third, Fourth, Ninth, Fifth, and Fourteenth Amendments.

The Right to Bear Arms
District of Columbia v. Heller (2008)

In _________the Court stated that the core of the Second Amendment is "the right of law-abiding, responsible citizens to use arms in defense of hearth and home" (2821).


;.. The consensus that the ban on cruel and unusual punishment includes a proportionality requirement in capital punishment does not extend to prison sentences.

1.) They addressed the public's dissatisfaction with the criminal justice system.
2.) They promised a simple solution to a complex problem—the "panacea phenomenon." 3.) The use of the catchy phrase "three strikes and you're out" was appealing

). Three-strikes laws are popular for three reasons.

non discretionary minimum

Mandatory minimum sentencing laws require judges to impose a _____amount of prison time that all offenders have to serve


Mandatory minimum sentences are the more rigid form of the broad scheme of determinate sentencing. This scheme, which fixes or determines sentence length according to the seriousness of the crime, places sentencing authority in legislatures.


Mandatory minimum sentences are the more rigid form of the broad scheme of determinate sentencing.

1.) criminal act (actus reus),
2.) criminal intent (mens rea),
3.) concurrence,
4.) attendant circumstances,
5.) bad result (causing a criminal harm).

There are five elements available to writers of criminal codes:

conduct crimes.

Crimes requiring a criminal act triggered by criminal intent are called _____


Criminal acts are____ body movements

criminal conduct

______ is the criminal act triggered by a mens rea.

all five

Bad result (result) crimes include ____elements of crime.

criminal act

The first principle of criminal liability is the _____

manifest criminality

The requirement that attitudes have to turn into deeds is called _______

1.) it helps to prove intent,
2.) it reserves the harsh sanction of the criminal law for cases of actual danger,
3.) it protects the privacy of individuals.

The actus reus serves many purposes:


Criminal punishment depends on _____, not status.

voluntary acts

Only _____ qualify as criminal actus reus.

:criminal law punishes people
: we can only punish people we can blame
: we can only blame people who are responsible for their acts,
:people are only responsible for their voluntary acts.

Only voluntary acts qualify as criminal acts because:


_____ refers to what we do; _____ (or condition) denotes who we are


. Most statuses or conditions don't qualify as actus reus. Status can arise from prior voluntary acts or from no act at all (sex, age, race).

(Robinson v. California, 1962),

According to the Court_______legislatures can't make status or personal condition by itself a crime.

(Powell v. Texas, 1968)

Additionally, the Court _____ clearly stated that the Constitution bans only pure status as a basis for criminal liability.

Failures to act

_______ satisfy the actus reus requirement only when it's outrageous to fail to do something to help someone in danger

1.) the simple failure to act, usually the failure to report something required by law
2.) the failure to intervene to prevent injuries and death to persons or the damage and destruction of property.

There are two kinds of criminal omission:

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