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Criminal Law

Review for Upcoming Exam

QuestionAnswer
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
Created by: SIMERLY35