Terms in this set (45)
Who quoted, "Time is a great legalizer even in the field or morals"?
H. L. Mencken
What is it called when one fails to do something that is in violation of law?
What do many gangs identify themselves with?
Why is gun control such a controversial issue?
It is hard to control the ownership of guns for people when it is a constitutional right
What does restitution enforce in court?
It requires criminals to pay back or otherwise compensate the victims of their crimes
What are the three components of a guilty state of mind?
act was done intentionally, knowingly, or willfully
What are the elements of robbery?
the taking and carrying away of goods or money, the taking from someone's person, and use of force or intimidation
What is failure to pay federal taxes, mail fraud, espionage, and international smuggling considered?
In the case of the drowning girl, would Hannah be liable of the death of Jill since she could swim? Why?
No because she had no legal duty to save her
If two people have an agreement to commit a crime, they have just committed_______.
In crimes against the person, the law protects the defendant against_____________.
overly harsh penalties
Playing with a gun the is loaded that results in the death of another is considered____________.
Courts view this as a plea for help
What is the difference between assault and battery?
assault is the attempt or threat to hurt someone else but battery is the actual physical contact of hitting another person
A person is not charged of statutory rape unless_____.
the perpertrator is several years older than the victim
Why does vandalism cause millions of dollars in damage each year?
it accounts for broken windows, fence ripping, breaking of property, etc.
Why do young people sometimes commit acts of vandalism?
they want to feel cool or want people to give attention to them
What is a form of larceny that involves the taking of items from a store without paying?
Why is it dangerous to give someone a signed check without filling it out completely?
that gives them the opportunity to write down whatever amount they want and since your legit signature is on it, then it's a valid check
Why are young hackers considered dangerous?
They sometimes gain illegal access to government or corporate computer systems that have top secret information
Why are alibis good to have?
they help prove your case in a court of law by showing evidence that you were somewhere else at the time the crime was committed
If someone has a really good false alibi, what can be used to prove they committed the crime?
The killing of another person in the line of duty is considered_____________
excusable or justifiable homicide
In the defense of infancy, it is argued that____________
children under a certain age shall not be tried for crimes but turned over to juvenile court
What are the three components when pleading insanity?
defendant is competent to stand trial, defendant was sane at time of criminal act, and defendant is sane after trial
Drug courier profiles allow officers to_________________
stop and question a person or to help establish probable cause for arrest
What's it called when an officer does a limited pat-down of a person's outer clothing under suspicion that the person is armed and dangerous
stop and frisk
Under what act may a person bring a civil action against an officer for using too much force or making an unlawful arrest?
The Civil Rights Act
What is the exclusionary rule?
principle stating that evidence found during an unreasonable search may not be used in trial
In the Miranda v. Arizona case, what did Ernesto argue at the Supreme Court?
that his rights had not been read to him and that he would not have confessed if he had been advised of his rights
Why might booking be considered a smart thing to do at a police station?
it helps keep record of criminals and people charged of crime or tort for future references
What are some things a judge considers when providing release on personal recognizance to people who cannot afford bail?
nature and circumstances of offense, accused's family, community ties, financial resources, employment background, and prior criminal record
What is a preliminary hearing used for?
to help determine if there is enough evidence to require defendant to stand trial
What the two major arguments in support of the exclusionary rule?
judicial integrity and deterrence
What are the circumstances of plea bargaining?
the defendant pleads guilty in exchange for a lighter sentence
In which amendment of the Constitution do people get the right to a jury trial?
the Sixth Amendment
What can be used in order to excuse a particular person from the jury?
a peremptory challenge
Why would a defendant in a case want a witness to appear in court?
it would help them establish a defense for themselves
Which Supreme Court case extended the right to counsel all felony defendants in state and federal courts?
Gideon v. Wainwright
Why might the defendant request the writ of habeas corpus in a case?
they are trying to argue their innocence by asking for relief of their charges
What are two of the eight options of sentencing a judge may choose from?
suspended sentence, probation, home confinement, fine, restitution, work release, imprisonment, death
What does the three strikes law state?
as the felon gains more strikes, the conviction doubles. Once they reach three strikes, the are susceptible to a sentence of 25 years to life in prison
What is one of the four reasons for punishment?
retribution, deterrence, rehabilitation, and incapacitation
What are the two commons standards for parole?
person serves minimum sentence specified by judge or after serving a portion of the total portion most likely one-third
What is something a state may do if they have a overcrowd of prisoners in their prison?
they may contact another state to send their prisoners elsewhere