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CP Exam - Criminal Law

Terms in this set (74)

Crime
A wrong committed against society
Restraint
Theory of punishment where person is incapacitated so that he has fewer opportunities to engage in conduct harmful to society.
Individual Deterrence
Theory of punishment where person is punished, he is deterred from commiting future crimes.
General Deterrence
Theory of punishment where others are deterred from commiting similar crimes for fear of incurring the punishment.
Retribution
A theory of punishment which serves to vent society's outrage at and its need for revenge for the offender's criminal conduct.
Crime malum in se
A crime that is wrong in itself or involves conduct that is inherently bad (murder, rape).
Crime malum prohibitum
Is a crime which involves conduct which is wrong because the legislature says it is wrong (fishing without a license).
Treason
An attempt to overthrow or betray the government in favor of a foreign power (Article III, Section 3, U.S. Constitution).
Capital Crime
A crime where the punishment may be death.
Felony
A crime which may have a maximum punishment of death or imprisonment for one year or more.
Misdemeanor
A crime which may have a maximum punishment of imprisonment for less than one year.
Rehabilitation
Theory of punishment which provides the opportunity to reform or to rehabilitate the criminal into a person who will abide by society's rules.
MR & MRS LAMB
Mnemonic for felonies: Murder, rape, manslaughter, robbery, sodomy, larceny, arson, mayhem and burglary
Ex post facto law
A law enacted after an act has been committed (forbidden by the U.S. Constitution)
Bill of Attainer
A legislative enactment which imposes a punishment or denies privilege without a judicial trial (forbidden by the U.S. Constitution).
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