Study sets matching "crim law 1"

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Study sets matching "crim law 1"

31 terms
Crim Law: Chapter 1
criminal justice system
law
criminal law
civil law
collection of different institutions and individuals who are…
rule of conduct promulgated and enforced by the government
body of law defining offenses against the community at large,…
the body of law defining actions for which individuals can us…
criminal justice system
collection of different institutions and individuals who are…
law
rule of conduct promulgated and enforced by the government
7 terms
Crim Law 1
The Due Process Clause requires the pr…
The standard requires that a juror's m…
The Constitution neither __________ co…
The definition of "reasonable doubt",…
beyond a reasonable doubt
near certitude
prohibits
reasonable likelihood
The Due Process Clause requires the pr…
beyond a reasonable doubt
The standard requires that a juror's m…
near certitude
Crim Law Ch. 1
Least Restrictive Mechanism
Lesser included offense
Mala in se
Misdemeanor
Binding promise that government action will be implemented wi…
Crime possessing most elements of a more serious crime but mi…
Wrong in itself
Crime for which punishment is less than one year in jail and…
Least Restrictive Mechanism
Binding promise that government action will be implemented wi…
Lesser included offense
Crime possessing most elements of a more serious crime but mi…
36 terms
Chapter 1 CrimLaw
Capital Felony
Civil Law
Code Jurisdiction
Common Law Crimes
Punishable by the death penalty or by life imprisonment in st…
Protects the individual rather than societal interest.
Acts or omissions are only punishable that are contained in t…
Crimes developed by the common law judges in England and supp…
Capital Felony
Punishable by the death penalty or by life imprisonment in st…
Civil Law
Protects the individual rather than societal interest.
Crim Law Exam 1
Mens Rea
Purposely
Knowingly
Recklessly
How we hold people accountable
Specific intent to act for a specific result
Take an act but not for specific result
Aware of the risk of harm your action creates and you ignore it
Mens Rea
How we hold people accountable
Purposely
Specific intent to act for a specific result
crim law quiz 1
crime
rehabilitation
incapacitation
retribution
when a person breaks a societal rule which results in a crimi…
punishment that involves coaching criminal defendant to be ab…
punishment that stops the defendant from enacting more crime…
punishment with the main goal is by gaining a sense of reveng…
crime
when a person breaks a societal rule which results in a crimi…
rehabilitation
punishment that involves coaching criminal defendant to be ab…
5 terms
crim law #1
Classical
Biological
Psychological
Sociological
Humans choose crime because the benefits outweigh the punishm…
Criminality can be inherited
Brain abnormalities and mental illness can lead people to crime
Social environment (weak family bonds, poor education system)…
Classical
Humans choose crime because the benefits outweigh the punishm…
Biological
Criminality can be inherited
Crim. Law Test 1
4 criteria for criminal punishment
Theoretical Purposes of Punishment
The Principle of Legality
Federal System Laws
Has to inflict pain or be unpleasant... Must be tied to law that…
Retribution ... An eye for an eye... Prevention... Deterrence - prin…
The "Rule of Law"... Applies to all criminal laws and their puni…
Limited to crimes related to national interest such as on mil…
4 criteria for criminal punishment
Has to inflict pain or be unpleasant... Must be tied to law that…
Theoretical Purposes of Punishment
Retribution ... An eye for an eye... Prevention... Deterrence - prin…
Crim Law 1
Principle of Legality
Statutory clarity v. Void for Vagueness
Statutory Interpretation - Rule of Len…
Theory of Punishment: Retributive
Criminal laws must be defined before someone can be charged.
Laws must be clearly written to the point where a person of a…
Ambiguity in statutes will be interpreted in favor of the def…
Punishment should be in proportion to crime
Principle of Legality
Criminal laws must be defined before someone can be charged.
Statutory clarity v. Void for Vagueness
Laws must be clearly written to the point where a person of a…
34 terms
Crim Law #1
Accomplice
Acquit
Actus Reus
Arraign
Someone who aids in committing a crime, either before or duri…
To find not guilty
A guilty act
A court hearing in which a defendant must enter a plea e.g. g…
Accomplice
Someone who aids in committing a crime, either before or duri…
Acquit
To find not guilty
22 terms
Crim Law Vocab 1
3 parts of Criminal Justice System
Actus Reus
Civil Justice
Concurrent Sentence
police courts correction
A guilty act
activities and procedures of private rights
multiple jail sentences served at same time
3 parts of Criminal Justice System
police courts correction
Actus Reus
A guilty act
15 terms
Crim. Law Module 1
Evidentiary burden an officer must hav…
Evidentiary burden to convict an offen…
What must a prosecutor do to establish…
What can an attorney say to a jury abo…
Probable Cause
Proof beyond a reasonable doubt
Present evidence that is legally sufficient to demonstrate th…
The attorney may not mention nullification, even in a beat-ar…
Evidentiary burden an officer must hav…
Probable Cause
Evidentiary burden to convict an offen…
Proof beyond a reasonable doubt
40 terms
crim law - quiz 1
true or false: the study of criminal l…
an unwritten but generally known rule…
"an act prohibited or an omission requ…
law that is legitimately created and e…
true
more
a crime
positive law
true or false: the study of criminal l…
true
an unwritten but generally known rule…
more
Crim Law 1 (part 1)
Regina v Dudley & Stephens
Utilitarianism
Retribution
What is the goal for retributivist
If assaulted and cannot escape, and cannot kill his assailant…
Cost-benefit analysis that looks to restore the wrongdoer by…
Punishment should be justified by the seriousness of the offe…
To punish only the guilty; taking from the individual what he…
Regina v Dudley & Stephens
If assaulted and cannot escape, and cannot kill his assailant…
Utilitarianism
Cost-benefit analysis that looks to restore the wrongdoer by…
54 terms
Crim. Law Chapter 1
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 bur…
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…
5 terms
Ch.1 Crim Law
Federalism
Separation of powers
briefs
Trial Court
A system of political orginization with several different lev…
Division of the federal government
A written document filed with a court through which a party p…
a court that hears and determines a case initially
Federalism
A system of political orginization with several different lev…
Separation of powers
Division of the federal government
33 terms
Crim Law ch 1
Crime
Criminal law
Civil Law
Tort
Conduct in violation of criminal law with no legally accepted…
specifies what behavior is illegal, what punishments are avai…
cases that typically occur between two private individuals in…
a private wrong or injury; a civil case typically for monetar…
Crime
Conduct in violation of criminal law with no legally accepted…
Criminal law
specifies what behavior is illegal, what punishments are avai…
Crim Law Week 1
What are the 3 purposes of criminal law?
What are the 4 purposes of punishment?
What happened in 1993 and why?
What is the purpose of law enforcement…
1) Defines offenses against the COMMUNITY... 2) Regulates how SU…
1) Retribution... 2) Deterrence... 3) Incapacitation... 4) Rehabilitat…
Crime rates peaked and then began to decline because of more…
To investigate and prevent crime
What are the 3 purposes of criminal law?
1) Defines offenses against the COMMUNITY... 2) Regulates how SU…
What are the 4 purposes of punishment?
1) Retribution... 2) Deterrence... 3) Incapacitation... 4) Rehabilitat…
44 terms
Crim Law 1 Final
Homicide
Malice
First degree murder
Willful
Killing of a human being by another human being
-Intent to kill a human being... -Intent to inflict grievous bod…
-Killing is willful, deliberate, and premeditated... -to think b…
-Killing done intentionally
Homicide
Killing of a human being by another human being
Malice
-Intent to kill a human being... -Intent to inflict grievous bod…
Crim Law ch 1
Norms
Mores
Law
Criminal Law (Type of Law)
unwritten rules that underline and inharent in fabric of soci…
unwritten but generally known rules that govern serious viola…
Body of rules of action or conduct prescribed by controlling…
Body of rules and regulations that defines and specifies puni…
Norms
unwritten rules that underline and inharent in fabric of soci…
Mores
unwritten but generally known rules that govern serious viola…
20 terms
Crim Law Test 1
Criteria of a law
rights
Rule of Law
Types of Human Rights
-promotes safety... -effects everyone... -resolves conflict
a moral or legal entitlement to have or obtain something or t…
Law applies to everyone
-Social... -Environmental... -Political... -Economic
Criteria of a law
-promotes safety... -effects everyone... -resolves conflict
rights
a moral or legal entitlement to have or obtain something or t…
56 terms
Crim Law Ch.1
rule of law
nullen crimen, nulla poena, sine lege
substantive criminal law
procedural criminal law
the idea that law, not the discretion of officials, should go…
"there is no crime, there is no punishment, without law." ref…
the branch of the criminal law that defines criminal offenses…
the branch of the criminal law that deals with the processes…
rule of law
the idea that law, not the discretion of officials, should go…
nullen crimen, nulla poena, sine lege
"there is no crime, there is no punishment, without law." ref…
24 terms
Crim Law Exam 1
legality principle
Elements of a crime
Actus Reus
Criminal Omissions
fair notice of what constitutes criminal behavior and what pu…
1. Actus Reus... 2. Mens Rea... 3. Concurrence... 4. Harm... 5. Causation
criminal act
-failure to act results in criminal reliability only if there…
legality principle
fair notice of what constitutes criminal behavior and what pu…
Elements of a crime
1. Actus Reus... 2. Mens Rea... 3. Concurrence... 4. Harm... 5. Causation
27 terms
Crim Law Test #1
Comanche indians
greeks
romans
hebrews
held womens faces over fire to illicit confessions of adultery
no appeals. propose alternative to death
innocent until proven guilty. patriarchal rule
eye for an eye punishment injury to property, moral order, an…
Comanche indians
held womens faces over fire to illicit confessions of adultery
greeks
no appeals. propose alternative to death
23 terms
Crim Law Test 1
Small crime, less than a year sentence
Larger crime, more than a year sentence
Standards of proof (least to greatest)
ACLU
misdemeanor
felony
1. Reasonable Suspicion... 2. Probable Cause... 3. Preponderance of…
group that challenges the death penalty
Small crime, less than a year sentence
misdemeanor
Larger crime, more than a year sentence
felony
Crim Law Test 1
Cohen v. California
Osborne v. Ohio
Paris Adult Theatre v. Slaton
Picado v Jegley
The Defendant, ________ conviction, for violating a Californi…
After obtaining a warrant, Ohio police searched the home and…
This case arose from a Georgia civil proceeding to enjoin the…
This is an action challenging the constitutionality of an Ark…
Cohen v. California
The Defendant, ________ conviction, for violating a Californi…
Osborne v. Ohio
After obtaining a warrant, Ohio police searched the home and…
44 terms
CrimLaw #1
Murder
Corpus delicti
murder
malice aforethought
the unlawful, unjustified and unexcused intentional killing o…
The killing of a human being and caused by the criminal act o…
as defined by the common law, consists of the unlawful killin…
human endangering state of mind
Murder
the unlawful, unjustified and unexcused intentional killing o…
Corpus delicti
The killing of a human being and caused by the criminal act o…
48 terms
Crim Law Midterm 1
Role of judge
Elements required for crime
Role of motive
Peremptory challenges
Interpret criminal law statute
Guilty act-actus reus ... Guilty mind-mens rea
Do not need to prove motive... Important if case is circumstanti…
Striking jury members without proving bias ... The prosecution a…
Role of judge
Interpret criminal law statute
Elements required for crime
Guilty act-actus reus ... Guilty mind-mens rea
Crim law test 1
which of the following is not a requir…
actus rea is the
mens rea
All defendants arrested get to see the…
mean spirit
wrongful deed
guilty mind
false
which of the following is not a requir…
mean spirit
actus rea is the
wrongful deed
20 terms
Crim Law Quiz 1
what is the purpose of the criminal la…
role of laws?
role of branches?
precedent
to punish those that need to be punished but also protect the…
a set of rules that help justify what is considered a crime (…
unbiased opinions/judgement
function of a law
what is the purpose of the criminal la…
to punish those that need to be punished but also protect the…
role of laws?
a set of rules that help justify what is considered a crime (…
62 terms
Crim Law Test 1.
Know the Syllabus
Proximate Cause
A Crime
Mala in Se Crimes
...
cause holds that offenders may be criminally liable for causi…
an action or omission that constitutes an offense that may be…
Murder, Theft, Robbery
Know the Syllabus
...
Proximate Cause
cause holds that offenders may be criminally liable for causi…
25 terms
Crim Law Test 1
What are four basic requirements for a…
What system does New Jersey use for pr…
True or False is it necessary to inclu…
What is the burden of proof in civil c…
1. Probable cause must be determined by a judicial officer... 2.…
ATS System
False
Preponderance of evidence (less Stringent)
What are four basic requirements for a…
1. Probable cause must be determined by a judicial officer... 2.…
What system does New Jersey use for pr…
ATS System
55 terms
Crim Law Exam 1
Sources of criminal law
Elements of Robbery
Robbery: "taking"
Robbery: "personal property"
Common law: combined precedential effect of all past individu…
- felonious taking of personal property... - in the possession o…
With specific intent to permanently deprive
Some value
Sources of criminal law
Common law: combined precedential effect of all past individu…
Elements of Robbery
- felonious taking of personal property... - in the possession o…
Crim law test#1
What are four sources of law?
What are two us documents that recogni…
Please list of the most important cons…
What amendment requires process?
statutory- legal code ... constitutional- written text of consti…
bill of rights and declaration of independance
4 Search and seizure,... 5 silent/self incrinimation, ... 6 trial…
14th rights dont get infringed on
What are four sources of law?
statutory- legal code ... constitutional- written text of consti…
What are two us documents that recogni…
bill of rights and declaration of independance
19 terms
Law and crim quiz 1
What is the purpose of law?
Why are laws made?
Federalism
What document establishes federalism?
-keep peace in society and not cause chaos... -keep people our o…
-run government ... -structure for people... -protect rights... -lobby…
The division of power among various levels of government ... Nat…
Constitution
What is the purpose of law?
-keep peace in society and not cause chaos... -keep people our o…
Why are laws made?
-run government ... -structure for people... -protect rights... -lobby…
Sources/ Limitations of Crim Law (1)
Reasonable suspicion
Probable Cause
Preponderance of the evidence
Clear & Convincing
1. Least amount of proof... a. Amount of proof needed for Police…
1. "more probably than not"... a. Amount of proof Police need to…
1. 50+1 % of proof... a. Venue- concept where crime needs to be…
1. About 70&?... a. Amount proof needed to take kids away from p…
Reasonable suspicion
1. Least amount of proof... a. Amount of proof needed for Police…
Probable Cause
1. "more probably than not"... a. Amount of proof Police need to…
75 terms
Crim Law Chapters 1-6
Sources
Criminal Process
Trial Procedure
Proof Beyond a Reasonable Doubt Jury I…
Common Law... Criminal Statutes... Model Penal Code
investigation... indictment... discovery... trial
1. government has burden of proof... 2. proof--beyond a reasonab…
Moral Certainty... Firmly Convinced... No waver or vacillation... No r…
Sources
Common Law... Criminal Statutes... Model Penal Code
Criminal Process
investigation... indictment... discovery... trial
Crim Law 1 - General Principles
How many offense elements are there? W…
If both are not met, can you still con…
If both offense elements are satisfied…
What two general defenses can you use?
1) Objective elements... 2) Culpable elements
You can find a way to impute the offender either for objectiv…
You can still find defenses to convict a criminal.
Justification defense (tackles objective)... Excuse defense (tac…
How many offense elements are there? W…
1) Objective elements... 2) Culpable elements
If both are not met, can you still con…
You can find a way to impute the offender either for objectiv…
125 terms
Crim Law
Actus Reus Rule
Mens Rea Rule
MPC Mens Rea definitions of mental cul…
MPC: Mens Rea of Purposely
Actus Reus has two elements; (1) statutory language (Conduct,…
Mens Rea is the particular mental state provided for in the d…
(a) Purposely ... (b) Knowingly ... (c) Recklessly ... (d) Negligently
=> conscious object to engage in the offense's conduct (if th…
Actus Reus Rule
Actus Reus has two elements; (1) statutory language (Conduct,…
Mens Rea Rule
Mens Rea is the particular mental state provided for in the d…
40 terms
Crim Law ch. 1-4
D
F
D
B
...
...
...
...
D
...
F
...
48 terms
Crim Law Chapter 1 Vocab
criminal liability
torts
crimes of moral turpitude
felonies
actus reus, mens rea, concurrence, causation, and harmful res…
private wrongs for which you can sue the party who wronged yo…
conduct that is contrary to justice, honesty, or morality
serious crimes that are generally punishable by one year or m…
criminal liability
actus reus, mens rea, concurrence, causation, and harmful res…
torts
private wrongs for which you can sue the party who wronged yo…
76 terms
Crim Law Chapter 1 Terms
Crime
Torts
Criminal law is __________ and _______…
Criminal procedure
Anything that lawmakers define as criminal -- offenses by an…
Wrongs between individuals/a private wrong or injury
Separate and distinct
Vast system of laws and guidelines that detail who suspected…
Crime
Anything that lawmakers define as criminal -- offenses by an…
Torts
Wrongs between individuals/a private wrong or injury
8 terms
2.1 Intro to Crim Law
What is Case law?
What are alternatives to prosecution a…
Mediation
Warnings
-A decision made by a judge that changes the way we use or in…
-Mediation... -Warnings... -Civil remedies... -Referral services
-Victim-witness may be used as a mediation tool or the officer
-An officer's discretion allows the use of verbal and /or wri…
What is Case law?
-A decision made by a judge that changes the way we use or in…
What are alternatives to prosecution a…
-Mediation... -Warnings... -Civil remedies... -Referral services
Crim Law Chapter 1 Terms
Crime
Torts
Criminal law is __________ and _______…
Criminal procedure
Anything that lawmakers define as criminal -- offenses by an…
Wrongs between individuals/a private wrong or injury
Separate and distinct
Vast system of laws and guidelines that detail who suspected…
Crime
Anything that lawmakers define as criminal -- offenses by an…
Torts
Wrongs between individuals/a private wrong or injury
48 terms
Law in a Flash--Crim Law 1.
Define "mens rea."
What are the major "specific intent" c…
Differentiate "specific intent" from "…
MPC specific intent and general intent…
"guilty mind." mens rea usually refers to a culpable mental s…
Burglary, Attempt, Forgery, False pretenses, Larceny, Embezzl…
General intent requires an intention to do the prohibited act…
a four-tier system of mental state: purpose, knowledge, reckl…
Define "mens rea."
"guilty mind." mens rea usually refers to a culpable mental s…
What are the major "specific intent" c…
Burglary, Attempt, Forgery, False pretenses, Larceny, Embezzl…
37 terms
Crim Law
Deterrence
Incapacitation/restraint
Rehabilitation
Retribution
most common reason; by punishing people criminally for partic…
Putting someone in prison will keep that person from doing fu…
belief that a person convicted of a crime can be "cured" whil…
belief that we should punish convicted criminal severely in o…
Deterrence
most common reason; by punishing people criminally for partic…
Incapacitation/restraint
Putting someone in prison will keep that person from doing fu…
192 terms
Crim Law Exam 1, Crim Law Quiz 2
Mens Rea
Purposely
Knowingly
Recklessly
How we hold people accountable
Specific intent to act for a specific result
Take an act but not for specific result
Aware of the risk of harm your action creates and you ignore it
Mens Rea
How we hold people accountable
Purposely
Specific intent to act for a specific result
Crim Law
States of Mind for Minimum of Mens Rea
Can Mistake of Fact be Used as a Defen…
Can Mistake of Law be Used as a Defense?
Exceptions for Mistake of Law Defense
1) Purposefully... 2) Knowingly... 3) Recklessly... 4) Negligently... 5)…
Yes, so long as it you are able to prove you had no idea of t…
Usually not although there are exceptions
1) Weiss/Liparota- Where the statute says you must be aware o…
States of Mind for Minimum of Mens Rea
1) Purposefully... 2) Knowingly... 3) Recklessly... 4) Negligently... 5)…
Can Mistake of Fact be Used as a Defen…
Yes, so long as it you are able to prove you had no idea of t…
58 terms
382M CrimLaw Exam 1
MPC 2.02 (1) Minimum Req of Culpability
Actus Reus
Mens Rea
MPC 2.02 (2a) Purposely (i)
A person is not guilty of an act unless he acted purposely, k…
Guilty Action
Guilty Mind
If the element involves the nature of his conduct or a result…
MPC 2.02 (1) Minimum Req of Culpability
A person is not guilty of an act unless he acted purposely, k…
Actus Reus
Guilty Action
Crim Law
Actus Reus
Minimal Act Issue
Omissions
Sources that can create a Legal Duty t…
The criminal act or failure to perform an act he was legally…
The line between acting and not acting
Where an accused person has failed to act, he has not committ…
Statute, Contract, Relationship, Voluntary Assumption of Care…
Actus Reus
The criminal act or failure to perform an act he was legally…
Minimal Act Issue
The line between acting and not acting
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