click below
click below
Normal Size Small Size show me how
Criminal Law
Review for Upcoming Exam
| Question | Answer |
|---|---|
| What is a crime classification that is punishable by Death or confinement and no s than one year in jail. | Felony |
| After the adoption of the Model Penal Code in 1962. How many states changed their Criminal Codes. | 40 States |
| Crimes and torts are similar sets of in what way? | They tell us what we can and cant do |
| What is the word that means an eye for an eye | Retribution |
| General deterrence, Special deterrence, Incapacitation, Rehabilitation are 4 kinds of? | Prevention |
| What is the standard of Proof for jury and judge to be certain on a ruling? | Proof beyond a reasonable doubt and preponderance of evidence |
| City, town, and village governments do not enjoy broad powers to create criminal laws. True/ False | False |
| According to the U.S. Supreme Court, California’s three-strikes law | Does not violate the Eighth Amendment |
| The idea that The government can only punish people if there is a specific law that defines the crime and corresponding punishment | Rule of law |
| What doctrine states vaguely defined laws fail to provide citizens a clear understanding of acceptable and unacceptable behavior | Void for Vagueness |
| Ex post facto laws are forbidden by the Constitution. True/ False | True |
| What type of words are not protected by the First Amendment? | Fighting Words |
| In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines? | U.S. v. Booker (2005) |
| In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant? | Atkins v. Virginia. (2002) |
| Words written or spoken are the only ones protected by the First Amendment. True/ False | False |
| The Equal Protection Clause is protected by what Amendment? | Fourteenth Amendment |
| Cruel and unusual punishment is written in which Amendment | Eighth Amendment |
| How many Elements are in the Criminal Conduct? | Three |
| What is defined when Criminal Conduct qualifies for criminal punishment? | Criminal Liability |
| For an omission to act to be a crime, what must exist? | A legal Duty to Act |
| What is the term that says only voluntary acts qualify as criminal ? | Actus Reus |
| What is it when you posses something illegal you dont know you have? | Mere Possession |
| What is it when you are in possession of illegal or banned stuff? | Actual Possession |
| What is another name for a criminal act? | Actus Reus |
| Liability without fault or Mens Rea? | Strict Liability |
| What is the mental Element of Crime? | Mens Rea |
| What is the rule if you did not start the fight you can stand your ground and kill to defend yourself without retreating from any place you have a right to be? | Stand- your-Ground Rule |
| Under Common Law Defense of Home and Property States that? | A mans home is his castle |
| Defendant accepts responsibility but claims what they did was right based on circumstances is ? | Justification |