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Criminal Law

Criminal Law ch.1-4 review for the criminal law 12th edition textbook by Joel S.

QuestionAnswer
Who said, "Every known organized society has, and probably most have, some system by which it punishes those who violate it's most important prohibitions" Professor Robinson (2008)
Legal duties are created in ___ ways 3, Statutes, contracts, special relationships
2 levels of appeal courts Intermediate court of appeals and supreme court
There are ___ categories of expression not protected by the 1st amendment which include _____. 5, Obscenity, profanity, libel and slander, fighting words, clear and present danger
Most familiar maxims in criminal law is "ignorance of the law is no excuse" True
Proving causation requires ___ and ____ ____ Factual and Legal cause
Malum in se crimes are Offenses that require some level of criminal intent. "Inherently evil"
Core offenses are not ancient False
Event that comes between the initial act in a sequence and the end result Intervening cause
Felony punishment by death or confinement no less than a year
which amendment commands that "cruel and unusual punishments" shall not be "inflicted." 8th
Idea that it's fair and just to punish only people we can blame Culpability/ blameworthiness
King John promised his barons what when he agreed to not proceed with force against any free man? Rule of Law
Police Power arguably comprises the governments responsibilites listed in the constitution which are? 1. Form a more perfect union 2. Establish justice 3. Insure domestic tranquility 4. Provide for the common defense 5. Promote the general welfare 6.Secure the blessings of liberty to ourselves and our prosterity
Liable/ Not Liable Torts
His work rejected the voluntary and involuntary act distinction current in his day and instead wrote a nuanced system of crimes based on levels of intent. Plato, In laws (348 bce)
James Madison "if men were angels, no government would be necessary. If angels were to govern men. neither external or internal controls would be necessary. "
Punishable by fine or confinement by no less than a year Misdemeanor
For a penalty to qualify as a criminal punishment it must inflict pain or other unpleasant consequences, prescribe a punishment in the same law that defines the crime, they have to be administrative intentionally, and the state has to administer them.
There are ___ core offenses and ____ people committing them than the rest of the criminal law Fewer, fewer
Has possession of banned items but said items are not on the persons body Constructive Possession
Latin for "body of the crime" refers to the body of victims in homicides and to the elements of the crime in other crimes Corpus Delicti
____ ____ ensures the governments' and officers carry out and enforce criminal law Police Power
The word privacy is not mentioned in the U.S constitution True
Created by: _Dani_