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Review
Chapters 1-4
| Question | Answer |
|---|---|
| The responsibility of proving the criminal act and intent | burden of proof |
| What is the highest standard of proof known to the law? | proof beyond a reasonable doubt |
| Latin for body of the crime | corpus delicti |
| Opinions written in which justices agree with the conclusions of either the majority or the dissenting opinion, but they have different reasons for reaching the conclusion | concurring opinion ( in criminal cases) |
| Opinion that represents the reasoning of the greatest number (but less than a majority) of justices | plurality opinion (in criminal cases) |
| Where is most criminal law found? | state criminal codes |
| Who has the burden of proof regarding criminal cases? | The prosecution |
| Private wrongs for which you can sue the party who wronged you and recover money | torts |
| A law passed after the occurrence of the conduct constituting the crime | ex post facto law |
| the principle that a statute is unconstitutional if it includes in its definition of undesirable behavior conduct protected under the U.S Constitution | void-for-overbreadth doctrine |
| "barbaric" punishments and punishments that are disproportional to the crime committed | cruel and unusual punishment |
| other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt | Apprendi rule |
| Ex post facto laws are forbidden by the Constitution | True |
| In our Constitutional democracy, the Constitution limits the power of the majority | True |
| Which Amendment bans cruel and unusual punishment? | 8th Amendment |
| Which Amendment to the Constitution contains the Equal Protection clause? | 14th Amendment |
| Which Amendment protects from unreasonable searches and seizures? | 4th Amendment |
| the criminal act or the physical element in criminal liability | actus reus |
| the "state of mind" the prosecution has to prove beyond a reasonable doubt; criminal intent from an evil mind | mens rea |
| two forms: (1) mere failure to act or (2) failure to intervene in order to prevent serious harm | criminal omissions |
| there's no legal duty to rescue or call for help to aid someone who's in danger even if helping poses no risk whatsoever to the potential rescuer | American bystander rule |
| A legal fiction turns what into an act, although it is really a passive state? | possession |
| criminal conduct that qualifies for criminal punishment | criminal liability |
| For an omission to act to be a crime, what must exist? | a legal duty to act |
| legal duties can arise from: | statutes, contracts, and special relationships |
| The concurrence element means that a criminal intent has to: | trigger the criminal act |
| When you posses something you don't know you possess, it is called: | mere possession |
| The idea that we can only punish people that we can blame, and we can only blame people that are responsible for what they do | culpability |
| The reason why a defendant committed the crime | Motive |
| The conscious creation of substantial and justifiable risks | recklessness |
| The unconscious creation of substantial and justifiable risks | negligence |
| The most blameworthy mental |
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