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Flash cards
| Question | Answer |
|---|---|
| Compensatory Damages | Damages recovered by tort plaintiffs for their actual injuries |
| Punitive Damages | Damages recovered by tort plaintiffs to punish the defendant for their “evil behavior” |
| Mala in se crimes | Offenses that require some level of criminal intent |
| Mala prohibita offenses | Offenses that are crimes only because a specific statute or ordinance prohibits them |
| Felonies | Crimes punishable by death or confinement in the state’s prison for one year to life without parole |
| Misdemeanors | Offenses punishable by fine and or confinement in the local jail for up to one year |
| State criminal codes | Criminal law created by elected representatives and state legislatures |
| Municipal codes | Criminal law created by city and town, councils elected by city residents |
| U.S. criminal code | Criminal law created by the US Congress |
| Administrative agencies | Appointed participants in creating criminal law that assist in the US Congress |
| Criminal court opinions | Create criminal law by interpreting state and municipal criminal codes |
| Criminal law enforcement agencies | Create criminal law through the informal discretionary law making to decide how the criminal law process works on a day-to-day basis |
| Codified | Written definitions of crimes and punishment enacted by legislatures and published |
| Modern penal code (MPC) | Proposed criminal code drafted by the American law Institute and used to reform criminal codes |
| Criminal liability | Conduct that unjustifiably in inexcusably inflicts or threatened substantial harm to individual or public interest |
| Administrative crimes | Violations of federal and state agency rules that make up a controversial but rapidly growing source of criminal law |
| Federal system | 52. Criminal codes, one for each of the 50 states one for the district of Columbia and one for the US criminal code. |
| Punishment | Intentionally inflicting pain or other unpleasant consequences on another person |
| Criminal punishment | Penalties that meet for criteria, inflict pain or other unpleasant consequences, prescribe a punishment in the same law that defines the crime administered intentionally and administered by the state |
| Theories of criminal punishment | Ways of thinking about the purposes of criminal punishment |
| Retributionists | Inflicting on offenders physical and psychological pain so that they can pay for their crimes |
| Preventionists | Punishment is only a means to a greater good usually the prevention or at least the reduction of future crime |
| Culpability | Only someone who intends to harm her victim deserves punishment accidents don’t qualify |
| Justice | Depends on culpability only those who deserve punishment ought to receive it |
| Deterrence | The use of punishment to prevent or reduce future crimes |
| Specific deterrence | Aims to reduce crime by inflicting the actual punishment to convince offenders not to commit crimes in the future |
| General deterrence | Aims to reduce crime by the threat of punishment to convince criminal wannabe in the general population to not commit a crime in the future |
| Incapacitation | Prevents convicted criminals from committing future crimes by locking them up or more rarely by altering them surgically or executing them |
| Rehabilitation | Aims to prevent future crimes by changing individual offenders so that they want to play by the rules and won’t commit any more crimes in the future |
| Hedonism | The natural law that human beings, seek pleasure and avoid pain |
| Rationalism | The natural law that individuals can act to maximize pleasure and minimize pain permitting human beings to apply natural laws mechanistically, instead of having to rely on the discretionary judgment of individual decision makers |
| Classical deterrence theory | Rational human beings won’t commit crimes if they know that the pain of punishment outweigh the pleasure gained from committing crimes |
| Principle of utility | Permits only the minimum amount of pain necessary to prevent the crime |
| “Medical model” of criminal law | Crime is a disease in criminals are sick in need of treatment and cure |
| “Not guilty” verdict | Doesn’t mean innocent it means that the government didn’t prove its case beyond a reasonable doubt |
| “Guilty” verdict | Legally, not necessarily factually guilty it means the government proved its case beyond a reasonable doubt |
| Trial courts | Where the cases for the state and the defense are presented their witnesses and the physical evidence are introduced in the fact finders decide what the true story is, and whether the evidence all adds up to proof of guilt beyond a reasonable doubt |
| Appellate courts | In most states and the federal government, the two levels of appeals courts and intermediate court of appeals and a Supreme Court |
| Judgement | The court’s judgment is how the court disposes of the case |
| Opinion | The point of the story, the courts of its judgment by explaining how and why it applied the law to the facts of the case |
| Court’s holding | The legal rule the court has decided to apply to the facts of the cases |
| Court’s reasoning | The reasons the court gives to support its holding |
| Majority opinion | The law of the case, the opinion of the majority of the justices on the court, who participated in the case |
| Concurring opinion | Agrees with the conclusions of either the majority or the dissenting opinion, but provide provides different reasons for reaching the conclusion |
| Plurality opinion | An opinion that represents the reasoning of the greatest number of justices |
| Case citation | The numbers, letters and punctuation that tell you where to locate the full case report, they follow the title of a case in the excerpt or in the bibliography at the end of the book |
| Social reality of U.S. criminal law | The dual nature of U.S. criminal law divided into two categories; a small number of serious, core offenses and a large number of lesser crimes, or “everything else” |
| Criminal law imagination | The contributions of law, history philosophy, the social sciences, and sometimes biology to explain the moral desires. We wish to impose on the world. |
| Felonies against persons | The core offenses of murder, manslaughter, rape, kidnapping, and robbery |
| Felonies against property | The core offenses of felonious, theft, robbery, arson, and burglary |
| Hard punishment | A sentence of a year or more in prison |
| Punishment imagination | Crimes that fit within the criminal law imagination, and that the law should punish by locking people up |
| Constitutional democracy | The majority can’t make a crime out of conduct protected by the fundamental rights in the US Constitution |
| Rule of law | The idea that government power should be defined and limited by laws |
| Principle of legality | No one can be convicted of or punished for a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime |
| Ex post facto laws | A retroactive law that does one of three things, criminalizes and act that wasn’t a crime when it was committed, increases the punishment for a crime after the crime was committed, or takes away a defense that was available to a defendant when the crime w |
| Void-for-vagueness doctrine | The principle that statutes violate due process if they don’t define a crime and it’s punishment clearly enough for ordinary people to know what is lawful |
| Fair notice | In vague laws isn’t whether the defendant knows there’s a law against the act, but whether an ordinary reasonable person would know that the act is a crime |
| Role of lenity | The requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant |
| Narrow lenity role | The requirement of courts to interpret ambiguous statutes in favor of defendants only in the core felony cases in other crimes requiring fault |
| Presumption of innocence | The prosecution has the burden of proof when it comes to proving the criminal act and intent |
| Burden of proof | To have to prove beyond a reasonable doubt, every fact necessary to constitute the crime charged |
| Proof beyond a reasonable doubt | The highest burden of proof in the US criminal justice system reserved for criminal cases. The prosecution must prove every element of the crime charge to this standard. |
| Affirmative defenses | Defendants have to start matters off by putting in some evidence and support of their defenses of justification and excuse |
| Burden of production | To make defendants responsible for presenting evidence in their own justification or excuse defense |
| Burden of persuasion | Defendants have to prove their justification or excuse defenses by a preponderance of the evidence |
| Preponderance of the evidence | More than 50% of the evidence prove justification or excuse |
| Expressive conduct | Non-verbal action, actions that communicate ideas and feelings |
| Clear and present danger doctrine | Allows the government to punish words that produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance or unrest |
| Void-for-overbreadth doctrine | Protect speech, guaranteed by the first amendment by invalidating laws written so broadly that the fear of prosecution creates a chilling effect that discourages people from exercising that freedom |
| Second amendment | The right of law, abiding responsible citizens to use arms and defense of hearth and home |
| Constitutional right to privacy | A right that bands, all governmental invasion of the sanctity of a man’s home and the privacy of life |
| Fundamental right to privacy | A right that requires the government to prove that a compelling interest justifies invading it |
| Cruel and unusual punishments | Barbaric punishments and punishments that are disproportionate to the crime committed |
| Barbaric punishments | Punishments consider considered no longer acceptable to civilized society |
| Principle of proportionality | The punishment has to fit the crime |
| Evolving standard test | Standards of decency that marked the progress of a maturing society |
| Three-strikes laws | Intended to make sure that offenders who are convicted of a third felony get locked up for a very long time |
| Apprendi rule | Other other than the fact of prior conviction and effect that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt |
| Criminal liability | Digest conduct that unjustifiably and inexcusably in flicks or threaten substantial harm to individual or public interest |
| Elements of a crime | To convict, the prosecution must prove beyond a reasonable doubt, a criminal act, criminal intent, concurrence, attendant circumstances, and that criminal conduct caused by criminal harm |
| Actus reus | The requirement that all crimes have to include a voluntary criminal act, which is the physical element of a crime in the first principle of criminal liability |
| Mens rea | Criminal intent, the mental element of a crime |
| Conduct crimes | Requiring a criminal act triggered by criminal intent |
| Criminal acts | Voluntarily bodily movements |
| Criminal conduct | A criminal act triggered by criminal intent |
| Concurrence | The principle of criminal liability that requires that a criminal intent has to trigger the criminal act |
| Attendant circumstances element | A circumstance connected to an act, an intent, and or a bad result |
| Result crimes | Crimes that include all five elements a voluntary act, the mental element, circumstantial elements causation, and a criminal harm |
| Criminal homicide | Conduct that causes another person’s death |
| Corpus delicti | Latin for body of the crime, it refers to the body of victims in homicides into the elements of the crime and other crimes |
| Manifest criminality | The requirement, the mental attitudes have to turn into actions for a crime to be committed |
| One voluntary act is enough rule | Conduct that involves a voluntary act satisfies the voluntary act requirement |
| Automatism | Unconscious bodily movements |
| Fault based defenses | Defenses based on creating a reasonable doubt about the prosecution’s proof of a voluntary act |
| Status | The character or condition of a person or thing |
| Criminal omission | The failure to act when there’s a legal duty to act |
| Failure to report | Not providing information when you’re legally required to |
| Failure to intervene | Not actively preventing or interrupting injuries in death to persons or damage and destruction of property |
| Legal duty | An obligation created by a statute contract or special relationship and enforceable by law |
| Moral duty | An obligation or norm created and enforced by society, conscience, and religion that’s not enforceable by law |
| Good Samaritan doctrine | Imposes a legal duty to help or call for help for imperiled strangers |
| American bystander rule | There is no legal duty to rescue or summon help for someone who’s in danger even if the bystander risk nothing by helping |
| Legal fiction | Pretend pretending something is a fact when it’s not if there’s a good reason for the pretense |
| Active possession | Physical control of band items on my person for example marijuana in my pocket |
| Constructive possession | Banned items not on my person, but in places I can control, for example in my car or apartment |
| Knowing possession | Items possessors are aware is either on their person or in places they control |
| Mere possession | Items you possess, but you don’t know what they are |
Created by:
An1082
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