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Criminal Law Test 1

Chapters 1-7

QuestionAnswer
Legislative Makes the laws
Executive Enforces the laws
Judicial Interprets the laws
NORMS UNDERLIE AND ARE INHERENT IN THE FABRIC OF SOCIETY (SOCIAL CODE)
MORALS ETHICAL PRINCIPLES, OR PRINCIPLES MEANT TO GUIDE HUMAN CONDUCT AND BEHAVIOR; PRINCIPLES OR STANDARDS OF RIGHT AND WRONG
MORES UNWRITTEN, BUT GENERALLY KNOWN, RULES THAT GOVERN SERIOUS VIOLATIONS OF THE SOCIAL CODE
aka. Private law Common Law
aka. Criminal law Public Law
Evolved from early English law Common Law
Earliest type of Law Common Law
Stare Decisis means: Let the decision stand
Common law that is in effect today is known as: Statutory law
Written law, codified-handed down by legislature Statutory law
Precedent used in determining statues Statutory law
Allows for consistency amongst all courts statutory law
The legal rules and principles that define the nature and limits of governmental power and the duties and rights of the individuals in relation to the state Constitutional Law
Sources of criminal law: Statutory and Constitutional law
Based on customs, usages, and moral concepts of the people Common Law
Defines the standards of conduct that society requires Substantive Law
Defines crimes and specific punishments Substantive Law
Established standards necessary to preserve order and protect rights Substantive Law
A judicial requirement that enacted laws may not contain provisions that result in unfair, arbitrary, or unreasonable treatment of an individual Substantive Law
Considered to be the supreme law of the land Constitutional Law
Establishes justice and insure domestic tranquility Constitutional Law
Restricts governments from infringing on individual rights Bill of Rights
Justice for the individual Bill of Rights
Right to Due Process Bill of Rights
Advocates the protection of personal freedoms Bill of Rights
Refers to broad legislative power of the STATE to pass laws that promote the public health, safety, and welfare Police Power
The power of every state and local government to enact criminal laws (maintain public order)(Conformity to specified groups of norms) Police Power
Not law, but rather a set of guidelines Model Penal Code
Four states of mind: purposely, knowingly, recklessly, negligently Model Penal Code
A private or civil wrong done to a person or their property Tort
Imprisonment for greater than 1 year Felony
Imprisonment for less than 1 year Misdemeanor
Guilty act Actus Reus
Guilty Mind Mens Rea
The combination of Mens Rea and Actus Reus Concurrence
Action taken to achieve goal Purposeful
Action taken with awareness of the probable result Knowing
Action that consciously disregards a substantial risk Reckless
Negligent Failure
Guilty mind, evil intent, criminal purpose, and knowledge of wrongfulness of conduct Mens Rea
The degree of blameworthiness assigned to a defendant by criminal court and the extent to which the defendant is subject to penalizes prescribed by the criminal law Criminal Liability
Degree of knowledge that makes an individual legally responsible for the consequences of his or her act Scienter
A violation of law for which one may incur criminal liability without fault or intention Strict Liability Crime
The state has no obligation to prove criminal intent. It must only prove that the defendant committed the act Strict Liability Crime
Victim must die within a year and a day for defendant to be charged with murder Year and a Day Rule
Illegal drugs, concealed weapons, instrumentalities, stolen property Possession Alone as Crime
Direct physical contact, on or around his person Actual
Not in actual possession, but who has power and intention to later take control over something Constructive
Increasing the punishment "after the fact" Ex Post Facto
A retroactive criminal statute Ex Post Facto
A legislative act that inflicts punishment without the benefit of a trial Bill of Attainder
Cannot create a legislative act which inflicts punishment on a person who has not had a prior trial. The US Constitution forbids it. Bill of Attainder
"Body of Crime" Corpus Delicti
The facts that show that a crime has occured Corpus Delicti
A criminal conviction cannot be based solely on a confession or admission of the accused The Corpus Delicti Rule
Prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause Fourth Amendment
Imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law Fifth Amendment
The rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you Sixth Amendment
In crimes in which there is harm, the court must show that the harm resulted in some way from the criminal act or omission Proximate Cause and Causation
A person who accidentally or unintentionally causes death while committing a felony can be charged with murder Proximate Cause and Causation
A method for determining causality that holds "without this, that would not be" or "but for the conduct of the accused, the harm in question would not have occurred." The "But For" Rule
Invalidates laws that are written in such a manner that it is difficult to determine whether or not the defendant has engaged in conduct that is prohibited by the law Void for Vagueness Doctrine
An unfinished or partially finished crime that generally leads to another crime Inchoate Crimes
Sometimes referred to as an "Anticipatory Offense" Inchoate Crimes
One person, with intent that another person commit a crime, entice, advise, incite, order, or otherwise encourage that person to commit a crim Solicitation
Combination between 2 or more persons for the purpose of accomplishing an unlawful act Conspiracy
Any act in furtherance of the conspiracy Overt Act
Criminal Liability of one party for the criminal acts of another party Vicarious Liability
This rule state that conspiracy cannot be charge if the number of person involved is only the number necessary to commit the crime Wharton Rule
Dueling, bigamy, gambling, adultery, incest, pandering, receiving a bribe are examples of: Wharton Rule
A person engage in conduct which tends to effect the commission of such crime The Crime of Attempt
The intent to do an act or bring about certain consequences which would amount to a crime Attempt
Doing some act in pursuance of that objective which goes beyond preparation Attempt
Conduct showing the firmness of the defendant's criminal intent Substantial Step
An act or omission that may be part of a series of acts or omissions demonstrating behaviors and or conduct that would result in the commission of a crime Mere Preparation
It fails to meet the requirements for the Substantial Step Test Mere Preparation
Person who actually committed the crime Principle in the 1st degree
Person who was present at commission of crime Principle in the 2nd degree
Person was not involved in planning the crime Principle in the 2nd degree
Person aided or abetted in actual commission of the crime Principle in the 2nd degree
Person aided in preparation for the crime Accessory Before the Fact
Person not actually present during the commission of the crime Accessory Before the Fact
Person knew crime had been committed and gave aid to person who committed the crime Accessory After the Fact
Parties to a crime Common Law 1760's
Created by: ulmerav91