Study sets matching "and society criminal law"

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Study sets matching "and society criminal law"

35 terms
Law and Society: Criminal Law
Aggravating Factor
Mitigating Factor
State of Mind
Motive
Factors that make an offense worse
Factors that make a crime "more understandble"
Whether you think you are guilty or innocent
Reason for performig a crime
Aggravating Factor
Factors that make an offense worse
Mitigating Factor
Factors that make a crime "more understandble"
Law and society criminal law
Burglary
Manga Carta
Code of Hamaribi
British common law
The breaking and entering of a dwelling house of another at n…
1215-European limitations on the King, first document to give…
First written code of law, 1750 b.c., "an eye for an eye"
Most COMMON used in the US law
Burglary
The breaking and entering of a dwelling house of another at n…
Manga Carta
1215-European limitations on the King, first document to give…
Criminal Law And Society
Reasonable Person Test
Negligence
Recklessness
Knowledge
actors "should have known" the risk was present if a reasonab…
Unconscious risk creation, objective standard; reasonable per…
conscious risk creation, consciously creating a risk not just…
practical certainty+ awareness, you were aware that your cond…
Reasonable Person Test
actors "should have known" the risk was present if a reasonab…
Negligence
Unconscious risk creation, objective standard; reasonable per…
Law and Society: Criminal Law
Utilitarians
Incapacitation
Rehabilitation
Recidivism
Believe Punishing criminals prevents further crime and benefi…
keeps criminals off the streets, prevent them from committing…
prevent crime by changing criminal behavior (US basically gav…
Criminals tend to repeat crimes
Utilitarians
Believe Punishing criminals prevents further crime and benefi…
Incapacitation
keeps criminals off the streets, prevent them from committing…
147 terms
Law and Society Semester 1 (Criminal Law) Final
common law burglary
Amendment 1
Amendment 2
Amendment 3
the breaking and entering of a dwelling house of another at n…
protects freedom of speech. religion, assembly, petition, press
right to bear arms
no quartering troops in private homes
common law burglary
the breaking and entering of a dwelling house of another at n…
Amendment 1
protects freedom of speech. religion, assembly, petition, press
79 terms
Criminal Law & Society Exam 1
Definition of Crime
Criminal Law
Elements of Crime
Criminal Responsibility
violation of criminal law which can be prosecuted and punishe…
defines criminal conduct. Specifies criminal punishments, reg…
actus reus (wrongful act) + mens rea (criminal intent/mental…
individuals are responsible for actions and accountable. Some…
Definition of Crime
violation of criminal law which can be prosecuted and punishe…
Criminal Law
defines criminal conduct. Specifies criminal punishments, reg…
12 terms
Criminal Law and Society Exam 2
People v. Cook
LaRose v. State
People v. Saephanh
Callahan v. US
Made solicitation an offense... -Protect people from being expos…
-Undercover detective, arranged to meet ... -Argued void for vag…
-Corrections officer intercepted solicitation of murder lette…
Aiding and abetting the transportation of liquor during prohi…
People v. Cook
Made solicitation an offense... -Protect people from being expos…
LaRose v. State
-Undercover detective, arranged to meet ... -Argued void for vag…
32 terms
Criminal Law and Society Exam 1
Criminal Liability
Justifications for Punishment
Violation/ Misdemeanor, Felony
Malem en se vs M Prohibitum
Unjustifiably and inexcusably inflicts or threatens substanti…
1.) Retribution: punishment is just; looks back at crime... 2.)…
-Felony: Feds; death/fine/ yr in prison... -Misdemeanor: state;…
-MES: bad in and of themselves; moral turpitude; i.e. murder…
Criminal Liability
Unjustifiably and inexcusably inflicts or threatens substanti…
Justifications for Punishment
1.) Retribution: punishment is just; looks back at crime... 2.)…
Criminal Law and Society Test 2
justification defenses
excuse defenses
burden of production
burden of persuasion
The defendant admits the responsibility but claim they behave…
Defendant admits what they did was wrong, but claim they were…
To make defendants responsible for presenting evidence in the…
defendants have to prove their justification or excuse defens…
justification defenses
The defendant admits the responsibility but claim they behave…
excuse defenses
Defendant admits what they did was wrong, but claim they were…
43 terms
Criminal Law and Society Final Exam
Adultery
Bigamy
Sodomy
Incest
1+ unmarried person ( rarely prosecuted today)
Marriage while already married to another person
Outlawed in '61 repealed in 70-80
All states prohibit
Adultery
1+ unmarried person ( rarely prosecuted today)
Bigamy
Marriage while already married to another person
12 terms
Civil and Criminal Courts (Law & Society)
Civil
Criminal
Civil
Criminal
Plaintiff vs. Defendant
Prosecutor vs. Defendant
Liable through a "pre-ponderance of evidence"
Guilty "beyond a reasonable doubt"
Civil
Plaintiff vs. Defendant
Criminal
Prosecutor vs. Defendant
49 terms
Law and Society Criminal Law Test# 2
Common law of Burgulary
Reasonable Suspicion
Probable Cause
Juries and what they can do
The breaking and entering of a dwelling house of another at n…
Pat down and detain. When you thing a crime has occurred, is…
Arrest and search. When you have evidence to link someone to…
They find someone guilty or not guilty using the judges instr…
Common law of Burgulary
The breaking and entering of a dwelling house of another at n…
Reasonable Suspicion
Pat down and detain. When you thing a crime has occurred, is…
Criminal Law & Society Exam 1
Marbury v. Madison
Mapp v. Ohio
Miranda v. Arizona
Lawrence v. Texas
Established judicial review
evidence that violates the 4th Amendment cannot be used in st…
5th Amendment right against self-incrimination
Right to privacy; struck down on sodomy laws; 14th Amendment
Marbury v. Madison
Established judicial review
Mapp v. Ohio
evidence that violates the 4th Amendment cannot be used in st…
Criminal Law & Society Chpt. 7
complicity
Vicarious liability
agency theory
forfeited personal identity theory
Establishes when you CAN be criminally liable for someone els…
establishes when a party can be criminally liable for someone…
the idea that we're autonomous agents with the freedom to cho…
the idea that when you choose to participate in crime, you fo…
complicity
Establishes when you CAN be criminally liable for someone els…
Vicarious liability
establishes when a party can be criminally liable for someone…
Law and Society: Criminal Law Test 2
Common Law Burglary
Reasonable Suspicion
Probable Cause
Juries and Roles in Court
The breaking and entering of someone else's dwelling at night…
The legal standard by which a police officer has the right to…
Police have adequate reason to arrest someone, conduct a sear…
Judge and Jury- Trier of fact... Judge... -presides over the trial…
Common Law Burglary
The breaking and entering of someone else's dwelling at night…
Reasonable Suspicion
The legal standard by which a police officer has the right to…
Law and Society-Criminal Law Test #1
Judges
Assault
Battery
1st Degree Murder
-CAN overturn a GUILTY verdict, and make innocent... -CAN'T over…
-overact carry out act (no contact, but almost)... -can't commit…
unwanted touching
-Pre-meditation (planning before hand)... -intent... -malice (willf…
Judges
-CAN overturn a GUILTY verdict, and make innocent... -CAN'T over…
Assault
-overact carry out act (no contact, but almost)... -can't commit…
24 terms
Law & Society Test 1 Criminal Law
reasonable suspicion
probable cause
appealing a case
robbery
must be used to detain someone and have articulable facts
reasonable amount of suspicion that the facts presented are t…
case always goes to higher court, there must be an error of law
taking or attempting to take anything of value by force or th…
reasonable suspicion
must be used to detain someone and have articulable facts
probable cause
reasonable amount of suspicion that the facts presented are t…
75 terms
Law and Society Criminal Unit 2 Test
Heresay
Relevance
Person Knowledge
Opinion or Speculation
Is indamissable in extreme if someone can't come. Saying some…
Something that is significant that the person is testifying to
As a witness in a court situation you can only testify your 1…
Generally you can't give your opinion on witness stand. To gi…
Heresay
Is indamissable in extreme if someone can't come. Saying some…
Relevance
Something that is significant that the person is testifying to
41 terms
Criminal Law Ch. 1: Criminal Law and Punishment in U.S. Society
Which type of crime is punishable by f…
Offenses originating from use or custo…
Criminal codes are created by _____.
Which criminal act is a type of felony…
Misdemeanor
Common Law crimes
State Legislatures
Robbery
Which type of crime is punishable by f…
Misdemeanor
Offenses originating from use or custo…
Common Law crimes
33 terms
Criminal Justice In Society - Law Enforcement Officers
jurisdiction
detectives
forensic evidence
forensic science
the area of authority that a law enforcement officer has
law enforcement officers that are specially trained in advanc…
any type of physical evidence that is brought into court
specialized techniques and methods that are used to gather an…
jurisdiction
the area of authority that a law enforcement officer has
detectives
law enforcement officers that are specially trained in advanc…
16 terms
Criminal Law and Society Cases Exam 1
Marbury v. Madison
Mapp v. Ohio
Miranda v. Arizona
Lawrence v. Texas
Case in which the Court formed the basis for the exercise of…
Exclusionary Rule (Unlawful Search and Seizure)
Custodial interrogation (Miranda Right)
Deviate sexual intercourse between same-sex individuals... -Intr…
Marbury v. Madison
Case in which the Court formed the basis for the exercise of…
Mapp v. Ohio
Exclusionary Rule (Unlawful Search and Seizure)
Law and Society Chapter 6- Criminal Law and Cyber Crime
crime
beyond a reasonable doubt
preponderance of the evidence
actus reus
a wrong against society set forth in a statute and, if commit…
standard of proof used in criminal cases. If there is any rea…
standard of proof used in civil cases. standard is satisfied…
a guilty (prohibited) act. The commission of a prohibited act…
crime
a wrong against society set forth in a statute and, if commit…
beyond a reasonable doubt
standard of proof used in criminal cases. If there is any rea…
11 terms
Criminal Justice ch.1 Law & Society
What is a crime?
How can crime and the laws enacted to…
The Rules of Law in society
Purpose of Law in Society
Any behavior or act that violates law.... Any event that transgr…
From a Social perspective
legal or formalized norms that define how people or instituti…
to establish order in society when disputes arise. ... law serve…
What is a crime?
Any behavior or act that violates law.... Any event that transgr…
How can crime and the laws enacted to…
From a Social perspective
Chapter 1: Criminal Law in U.S. Society
Social reality of U.S. criminal law
Criminal law imagination
Felonies against persons
Felonies against property
the dual nature of U.S. criminal law divided into two categor…
the contributions of law, history, philosophy, the social sci…
The core offenses of murder, manslaughter, rape, kidnapping,…
the core offenses of felonious, theft, robbery, arson, and bu…
Social reality of U.S. criminal law
the dual nature of U.S. criminal law divided into two categor…
Criminal law imagination
the contributions of law, history, philosophy, the social sci…
53 terms
Chapter 1 Criminal Law and Punishment in U.S. Society
social reality of U.S. criminal law
criminal law imagination
felonies against persons
felonies against property
social reality of U.S. criminal law the dual nature of U.S. c…
criminal law imagination the contributions of law, history, p…
felonies against persons the core offenses of murder, manslau…
felonies against property the core offenses of felonious thef…
social reality of U.S. criminal law
social reality of U.S. criminal law the dual nature of U.S. c…
criminal law imagination
criminal law imagination the contributions of law, history, p…
Criminal Law and Society Chapters 3-6
The prosecution has to prove 5 element…
The first principle of Criminal Liabil…
Actus Reus principle serves three prin…
What is the difference between a Statu…
Criminal Act (Actus Reus)... Criminal Intent (Mens Rea)... Concurre…
Actus Reus
1. Helps Prove Mens Rea ... 2. Reserves harsh sanction of the cr…
Status denotes who we are ... Action describes what we do
The prosecution has to prove 5 element…
Criminal Act (Actus Reus)... Criminal Intent (Mens Rea)... Concurre…
The first principle of Criminal Liabil…
Actus Reus
Law in American Society Criminal Law Study Guide - Chapters 8 and 9
State of mind
Motive
Strict liability offenses
Elements of a crime
what you are thinking; most crimes require that the actor hav…
the reason a person commits a crime
the legal responsibility for damage or injury even if you are…
the conditions that make an act unlawful
State of mind
what you are thinking; most crimes require that the actor hav…
Motive
the reason a person commits a crime
56 terms
(Chapter 1) Criminal Law and Punishment in U.S Society
Torts (Non-criminal Wrongs/Private wro…
Crimes (Criminal Wrongs)... **Almost eve…
TORT: Compensatory Damages
TORT: Punitive Damages
Private parties bring tort actions against other parties; Pri…
Criminal prosecutions are brought by the state against indivi…
Damages recovered by the tort plaintiffs for their actual inj…
Damages recovered by tort plaintiffs to punish the defendant…
Torts (Non-criminal Wrongs/Private wro…
Private parties bring tort actions against other parties; Pri…
Crimes (Criminal Wrongs)... **Almost eve…
Criminal prosecutions are brought by the state against indivi…
48 terms
Challenges of modern society (criminal law - victim)
Criminal law
To protect sb
Citizen
Civil law
Strafgesetz
jmdm schützen
bürger
zivilgesetz
Criminal law
Strafgesetz
To protect sb
jmdm schützen
47 terms
Criminal Law
Elements of a crime
Indictable Offence
Summary Offence
Accused
Against the law, against morality, harmful to society, punish…
A serious criminal offence for which the defendant is entitle…
less severe offences that are heard and sentenced by a magist…
The person charged with a criminal offence
Elements of a crime
Against the law, against morality, harmful to society, punish…
Indictable Offence
A serious criminal offence for which the defendant is entitle…
28 terms
Law in Society Chapter 3- Criminal Law- Study guide
Shoplifting
Burglary
Arson
Murder
The act of stealing goods from a store
Breaking and entering a structure with the intent to commit a…
The willful and malicious burning of a structure
Unlawful killing of another human being with malice
Shoplifting
The act of stealing goods from a store
Burglary
Breaking and entering a structure with the intent to commit a…
61 terms
Criminal Law and Society Final Test Chapter 8-14
Caveat Emptor
Common-law Larceny
Types of Property Crimes
False Pretenses
Buyer beware
Wrongful taking and carrying away of personal property of ano…
Shoplifting, looting, GTA, Identity Theft, etc.
Accused obtaining wares or merchandise of another by false pr…
Caveat Emptor
Buyer beware
Common-law Larceny
Wrongful taking and carrying away of personal property of ano…
17 terms
Criminal Law
Crime
Felonies
M'Naghten.
Up to five years in jail.
Any act done by an individual in violation of the duties he o…
Most serious kinds of crimes.
Insanity test in which the defendant must show he/she suffere…
Punishment in Florida for a third degree felony.
Crime
Any act done by an individual in violation of the duties he o…
Felonies
Most serious kinds of crimes.
19 terms
Week 1: Crime, Society and the Liberal State; Sources of Criminal Law and Procedure
Liberal democracy
Harm principle
Offence creating provision
Code s 2
there is little interference by the state, therefore anything…
"..the only purpose for which power can be rightfully exercis…
Queensland is a Code jurisdiction and therefore common law do…
Definition of offence
Liberal democracy
there is little interference by the state, therefore anything…
Harm principle
"..the only purpose for which power can be rightfully exercis…
181 terms
Criminal Law
"Significant punishment in the sentenc…
Private wrongs for which you can sue t…
Who has the burden of proof regarding…
Of the following, which defendant may…
b. Chaney v. State (1970)
a. torts.
d. the prosecution
d. felony
"Significant punishment in the sentenc…
b. Chaney v. State (1970)
Private wrongs for which you can sue t…
a. torts.
Criminal Law
Limits on Felony-Murder
Three kinds of homicide
First degree murder
Second degree murder
violent/inherently dangerous felonies, killing and felony sep…
manslaughter, murder, negligent homicide
Malice+Deliberation and Premeditation
Malice
Limits on Felony-Murder
violent/inherently dangerous felonies, killing and felony sep…
Three kinds of homicide
manslaughter, murder, negligent homicide
32 terms
Criminal Law
Purposes of Criminal Law
The Career of a Criminal Case: Pre-Trial
The Career of a Criminal Case: Substan…
Criminal Trial
The harms inflicted by criminal acts extend beyond individual…
Detection of Crime... Arrest... Charging... (Plea bargaining)
The acts charged are not a crime in the jurisdiction.... The (u…
Prosecution Case... Defense Case... Prosecution Rebuttal Case... Closi…
Purposes of Criminal Law
The harms inflicted by criminal acts extend beyond individual…
The Career of a Criminal Case: Pre-Trial
Detection of Crime... Arrest... Charging... (Plea bargaining)
Criminal Law
Elements of a crime
Principle of legality (Ex post facto l…
Hierarchy of Law
Definition of a crime
Status of the offender... Mental (mens rea)... Actus Reus... Conditions
you cannot punish a person for prior incidences after a law h…
U.S. Constitution... Federal statutes... Federal Admin. Rules... State…
A crime is a conduct which is prohibited by state law and pun…
Elements of a crime
Status of the offender... Mental (mens rea)... Actus Reus... Conditions
Principle of legality (Ex post facto l…
you cannot punish a person for prior incidences after a law h…
Criminal Law
Common Law: Four Types of Murder (Mali…
Common Law: Two Types of Manslaughter
New York Penal Law: § 25.00; Defenses;…
Model Penal Code: §1.12; Proof Beyond…
1) Intent to kill;... 2) Intent to cause grave bodily harm;... 3) R…
1) Heat of passion killing... 2) Killings unduly dangerous to li…
1) "The people have the burden of disproving [non-affirmative…
3) A ground of defense is affirmative, when ... a) "it arises u…
Common Law: Four Types of Murder (Mali…
1) Intent to kill;... 2) Intent to cause grave bodily harm;... 3) R…
Common Law: Two Types of Manslaughter
1) Heat of passion killing... 2) Killings unduly dangerous to li…
84 terms
Criminal Law
Fagan v MPC
Tuberville v Savage
Smith v Chief Constable of Woking
R v Constanza
An assault is committed where D intentionally or recklessly c…
D put his hand on his sword and stated 'if it were not assize…
D looked into a woman's window but did not do anything. She s…
D mounted hate campaign against work colleague. Sent threaten…
Fagan v MPC
An assault is committed where D intentionally or recklessly c…
Tuberville v Savage
D put his hand on his sword and stated 'if it were not assize…
73 terms
Criminal Law
Firearm
Pistol
Rifle
Short-Barreled Rifle
A weapon or device from which a projectile may be fired by an…
Any firearm with a barrel length of less than 16 inches, or i…
A weapon designed or redesigned, and intended to fired from t…
A rifle having one or more barrels less than 16 inches in len…
Firearm
A weapon or device from which a projectile may be fired by an…
Pistol
Any firearm with a barrel length of less than 16 inches, or i…
50 terms
Criminal Law
Due Process of 5th Amendment
Due Process in 14th Amendment
Incorporation
2 things before Miranda warnings must…
Guaranteed in Federal Court
Guaranteed in States Court
Application of Federal amendments to state's per the 14th ame…
Custody + Interrogation
Due Process of 5th Amendment
Guaranteed in Federal Court
Due Process in 14th Amendment
Guaranteed in States Court
32 terms
Criminal Law
Crime
Defendant
Prosecutor
Plaintiff
is considered an act against the public goodis considered an…
the person accused of a crime
the government attorney who presents the case in court agains…
the party that accuses a person of a crime.
Crime
is considered an act against the public goodis considered an…
Defendant
the person accused of a crime
20 terms
Criminal Law
Domestic Violence
Plaintiff
Premeditation
Manslaughter
A reckless form of physical or mental abuse between family me…
In a criminal proceeding, the state or federal government rep…
A prosecutor must prove this in a first degree murder case
When a killing occurs and there is no intent the defendant ma…
Domestic Violence
A reckless form of physical or mental abuse between family me…
Plaintiff
In a criminal proceeding, the state or federal government rep…
35 terms
Law and Society
adversarial system
adversary
anarchy
bail
a legal system involving two opposing parties who present the…
an enemy; a challenger; a competitor
the breakdown of a society due to disorder as citizens ignore…
an accused person is released into the community while they a…
adversarial system
a legal system involving two opposing parties who present the…
adversary
an enemy; a challenger; a competitor
Criminal Law
The 3 elements of a crime
3 types of Mens Rea
Specific Intent Crimes => FIAT ... = I…
Specific intent crimes (FIAT) - ''bene…
(1) Actus Reus... (2) Mens Rea... (3) Causation
1. Specific intent... 2. Malice ... 3. General Intent
- First Degree Murder... - Inchoate crimes... - Assault with intent…
- Defense available for voluntary intoxication... - Defense av…
The 3 elements of a crime
(1) Actus Reus... (2) Mens Rea... (3) Causation
3 types of Mens Rea
1. Specific intent... 2. Malice ... 3. General Intent
26 terms
Law and Society
adversarial system
anarchy
appeal
bail
system in which two opposing parties present their arguments…
disorder or confusion due to the absence of government or laws
an application for a legal decision to be reviewed in a highe…
to release an accused person who is awaiting trial
adversarial system
system in which two opposing parties present their arguments…
anarchy
disorder or confusion due to the absence of government or laws
13 terms
Criminal Law
trial
guilty
not guilty
the prosecution
the process to determine the guilt or innocence of the accuse…
the jury's verdict finding against the accused
the jury's verdict finding in favour of the accused
the party responsible for proving the matter beyond a reasona…
trial
the process to determine the guilt or innocence of the accuse…
guilty
the jury's verdict finding against the accused
100 terms
Criminal Law
An example of private law is
The law of criminal procedure deals with
The substantive criminal law
A person might commit a crime for any…
divorce
the law followed in the investigation and processing of a crime
defines the sstandards of conduct for protection of the commu…
fear of arrest and punishment
An example of private law is
divorce
The law of criminal procedure deals with
the law followed in the investigation and processing of a crime
CRIMINAL LAW
FUNDAMENTAL OBSERVATIONS
INCHOATE CRIMES
CRIMINAL HOMICIDE
EXPRESS MALICE
Actus Reus / Mens Rea... Accomplice Liability... Vicarious Liability
SAC... Solicitation... Attempt... Conspiracy
1) a person is guilty of criminal homicide if he purposely, k…
Intent to kill - deadly weapon rule
FUNDAMENTAL OBSERVATIONS
Actus Reus / Mens Rea... Accomplice Liability... Vicarious Liability
INCHOATE CRIMES
SAC... Solicitation... Attempt... Conspiracy
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