final exam

That which is laid down, ordained, or established...a body of rules of action or conduct prescribed by controlling authority, and having a binding legal force?
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Terms in this set (100)
That which is laid down, ordained, or established...a body of rules of action or conduct prescribed by controlling authority, and having a binding legal force?
laws
What are the unwritten rules that underlie and are inherent in the fabric of our society?
norms
________ is the legal principal that requires that courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them regarding subsequent cases on similar issues and fact.
stare decisis
That part of the law that defines crimes and specifies punishments is:
substantive criminal law
Norms are ethical principles or principles meant to guide human conduct and behavior-principles or standards of right and wrong.
false
Misdemeanors offenses are more serious than felony offenses.
false
The basic parts or components of a crime are referred to as the ________ of the crime.
elements
The Latin term for "guilty act" is:
actus reus
The Model Penal Code outline four ________: purposely, knowingly, reckless, and negligent.
states of mind
________ is not an essential element of a crime.
motive
________ is the simultaneous coexistence of an act in violation of the law and a culpable state of mind.concurrenceAn omission to act cannot ever be criminal.falseIf a defendant intended to act, but did not intend the consequence, then general intent is present.trueThe Latin term for motive is mens rea.falseStrict liability crimes do not require mens rea.trueThe facts that show that a crime has occurred are referred to in Latin as the:corpus delictiThe concept of causation refers to the fact that the concurrence of a guilty mind and a criminal act must produce or cause:harmIf there is an actual link between a person's conduct and the resulting harm, ________ exist(s).causation in factIn addition to the three fundamental aspects of crime (actus reus, mens rea and concurrence), four additional principles are necessary to fully appreciate contemporary understandings of crime. They are causation, a resulting harm, the ________, and necessary attendant circumstances.legality principleThe corpus delicti of a crime can be established before the identity of the person who committed the crime is known.trueAn unfinished crime that generally leads to another crime is a(n) ________ crime.incohateIn the context of criminal attempt, a significant activity undertaken in furtherance of some goal is a:substantial step________ or the voluntary and complete abandonment of the intent and purpose to commit a criminal offense is a defense to the charge of an attempted crime.renunciationA criminal conspiracy is a(n) ________ to commit an unlawful act.agreement between two or more persons________ occurs when one person requests or encourages another to perform a criminal act.Criminal solicitationToday we call one who knowingly gives assistance to a person who has committed a felony for the purpose of helping that individual avoid apprehension or detection a(n):Accessory________ is based on the notion that any individual who aids, abets, encourages, or assists another person to commit a crime should share in the criminal liability.Accomplice liabilityEvidence and arguments offered by the defendant to show why the defendant should not be held liable for a criminal charge are called:defenses________ are a category of legal defenses in which a defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.excusesA(n) ________ defense is one in which the defendant must take the offense and respond to the charges against him or her with his or her own assertions being based on legal arguments.affirmativeFor the defense of ________, the defendant claims that he or she had to commit some unlawful act in order to prevent or to avoid a greater harm.necessityThe legal concept of the ________ envisions a person who acts with common sense and who has the mental capacity of an average, normal, sensible human being.resonable person1. ________ force-the highest degree of force-is considered reasonable only when used to counter an immediate threat of death or great bodily harm.deadly1. The castle exception is an exception to the ________ rule.retreatIn regard to resisting a lawful arrest, all jurisdictions today:have laws making resistance illegal________ is only available as a defense if lack of consent is an element of the crimeConsent________ is generally not regarded as an effective defense because the law generally holds that a person who voluntarily puts himself or herself in a condition must be held responsible for the consequences of that condition.Intoxication_______ defenses may be raised where public law enforcement officials induce or encourage an otherwise law-abiding person to engage in illegal activity.EntrapmentDuress, which also known as compulsion, is when an individual is forced to act against one's will.trueIn most jurisdictions, children under the age of ten may not be charged with criminal offenses.falseAn assault is an attempted:BatteryThe act of intentionally frightening another person into fearing immediate bodily harm is a(n):Assault________ is the unlawful application of physical force on the person of the victim.Bodily injuryBob's girlfriend, Mary, breaks up with him. Mary makes it clear that she doesn't want to see Bob any more. Bob responds by waiting outside Mary's job and silently following her home from work each day. This behavior may constitute the crime of:Stalking________ is sexual intercourse, whether or not consensual, with a person under the "age of consent" as specified by law.Statutory rapeThe elements of the crime of ________ are: 1) an unlawful taking and carrying away, 2) of a human being, 3) by force, fraud, threats, or intimidation, and 4) against the person's will.KidnappingThe statutory crime of sexual assault is narrower and combines fewer crimes than the common law crime of rape.false________ is the trespassory or wrongful taking and carrying away of the personal property of another with the intent to steal.Larceny________ is the trespassory taking and carrying away of personal property in the crime of larceny.AsportationLarceny can only be committed:Intentionally________ is the misappropriation of property already in possession of the defendant.Embezzlement________ is knowingly and unlawfully obtaining the title to, and possession of, the lawful property of another by the means of deception, and with intent to defraud.False pretensesThe elements of ________ are: 1) the felonious taking of personal property, 2) from the person or immediate presence of another, 3) against the will of the victim, and 4) accomplished by means of force or by putting the victim in fear.RobberyThe elements of ________ are: 1) breaking and, 2) entering of, 3) a building, locked automobile, boat, etc., 4) with the intent to commit a felony or theft.Burglary________ property includes trade secrets, inventions, and works of art and literature.IntellectualTheft is a general term embracing a wide variety of misconduct by which a person is unlawfully deprived of his or her property.trueCrimes against ________ are those that disturb or invade society's peace and tranquility.Public order________ is one form of disorderly conduct that is often described as unlawful public fighting to the terror of the people.Affray1.) A riot occurs when a(n) ________ makes an attempt to advance toward the commission of an act that would be a riot.Unlawful assemblyA lynching is the illegal hanging of a criminal.falseCrimes against public decency and morality do not have specific and identifiable individual:victimsCrimes against public decency and morality typically include:gamblingThe elements of the crime of ________ are: 1) engaging in or offering to perform, 2) a sexual act, 3) for hire.prostitutionSoliciting prostitution is the act of ________ another to commit the crime of prostitution.asking________ is the depiction of sexual behavior in such a way as to excite the viewer sexually.PornographyControlled substances are specifically defined bioactive or psychoactive chemical substances that come under the purview of:the criminal law1) ________ statutes authorize judges to seize "all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance ... (and) all proceeds traceable to such an exchange."Forfeiture1) Polygamy is unlawful sexual intercourse with a relative through blood or marriage.falseGambling is only rarely associated with organized criminal activity.falseThe commission of a traditional crime (e.g. murder) with the intention of coercing a population or influencing a government through fear or intimidation.terrorismThe only crime specifically mentioned in the United States Constitution.treasonThe crime(s) of levying war against, or supporting the enemy of, one's nation.treasonIn combatting terrorism the government's focus is on:a. prevention as much as it is on prosecution and punishmentRay pays Bob $500 to bring him illegally from Mexico into the United States. Bob is guilty of:human smugglingThe largest group of victims of trafficking in persons is:women and childrenBecause the USA PATRIOT Act and other anti-terrorism laws challenge historic notions of civil rights in the United States:a considerable amount of litigation can be expected in the futureMost of the duties of the INS were incorporated into the:Department of Homeland SecurityTerrorism is the subject of considerable international, as well as domestic law.TrueProsecutors have less difficulty prosecuting treason than traditional crimes like murder.falseTrafficking in persons must involve illegally bringing a person across an international border.false1.) The ________ is conducted annually by the Bureau of Justice Statistics to provide data on surveyed households that report they were affected by crime.a. National Crime Victimization SurveyIt is easy to determine precisely how much crime is committed yearly in the United States.false1.) ________ was an historical epoch during which victims had well-recognized rights, including a personal say in imposing punishments on apprehended offenders.a. The Golden Age of the Victim________ is the process by which an authority imposes a lawful punishment or other sanction on a person convicted of violating the criminal law.Sentencing________ refers to problems that follow from the initial victimization, such as the loss of employment or inability to pay medical bills.Postcrime victimizationThe prohibition against cruel and unusual punishment is found in the 5th amendment to the U.S. Constitution.falseThe Office for Victims of Crime is a ________ agency.federalAn offender sentenced under a habitual offender statute who has been shown to be previously convicted of other specified crimes:will receive a more severe penalty than for the current offense alone.Victim impact statements are used:before the sentencing of convicted offenders.________ is the sentencing philosophy that aims to reduce the likelihood that the offender will be capable of committing future offenses.Incapacitation________ is/are a data collection program run by the FBI that tallies crime statistics annually. Reports under the program consist primarily of data on crimes reported to the police and of arrests.Uniform Crime Reporting (UCR) ProgramThe purpose of ________ is to reform criminal offenders, restoring them to productive lives in the community.rehabilitationThe ________ justice model holds that it is necessary to attain a balance between the legitimate needs of the community, the offender and the victim.restorative________ is a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which an offender is being sentenced.DeterrenceA victim is any individual against whom an offense has been committed.trueWhen criminal punishment is associated with violation of the law, the U.S. Supreme Court has ruled that constitutional guarantees of ________ must apply.due processThe programs may be underfunded, but today all 50 states have passed legislation providing monetary payments to crime victims.true________ is the most punishment oriented of all sentencing goals.Retribution_______ is the act of taking revenge on a criminal offender.RetributionThe ________ model of criminal sentencing suggests that punishments should be appropriate to the type and severity of the crime.just deserts