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Criminal Justice
Unit 2
| Question | Answer |
|---|---|
| What is substantive criminal law? | Law that is written down a written source. |
| What are the four sources of American Criminal Law? | Constitutional Law, Administrative Law, Statutory Law, Case Law |
| What is Constitutional Law? | Law that comes from the Constitution or State Constitutions |
| What is Statutory Law? | Laws and ordinances passed by Congress and state legislatures |
| What is Case Law? | Rules of law announced in court decisions |
| What is Administrative Law? | Rules, orders, and decisions of regulatory agencies. |
| What is the legal function of the law? | To Protect and Punish: 1. Includes Maintaining social order by protecting citizens from criminal harm. 2. Includes harms to both individuals and society in general |
| What is the social function of the law? | To Maintain and Teach 1. Includes Expressing public morality and Teaching societal boundaries. |
| What is corpus delicti? | Body of a crime |
| What are the two parts of corpus delicti? | 1. Criminal Act-crimes may be acts of commission, or acts of omission, or even planned/attempted acts. 2. Mental State-Intent is required to establish guilt of a crime. Intent includes elements of purpose, knowledge, negligence, and recklessness. |
| What are the three types of Criminal Liability? | Strict Liability, Accomplice Liability, and Felony- Murder |
| What is the definition of Strict Liability? | for some crimes, the defendant is found guilty regardless of intent. Helps protect the public and minors. |
| What is the definition of Accomplice Liability? | a person can be charged for helping another person commit a crime. |
| What is the definition of Felony-Murder? | a person can be charged as an accomplice if the crime was a "natural and probable consequence" of his actions. |
| What are the two types of Excuse Defenses? | Infancy and Insanity |
| What is Insanity determined by in Indiana? | The ALI/MPC Test |
| What does the ALI/MPC test say? | Also known as the substantial capacity test, the defendant must lack the capacity to appreciate the wrongfulness of his/her conduct. |
| What is an infancy test mean? | Youthful offenders cannot understand the consequences of their actions. |
| What is the difference between Substantive Criminal Law and Procedural Criminal Law? | Substantive Criminal Law are laws that define the acts that the government will punish. Procedural Criminal Law are procedures, drawn from the Bill of Rights, that are designed to protect the constitutional rights of individuals. |