The flashcards below were created by user
haitianwifey
on FreezingBlue Flashcards.
-
What are the five main goals of criminal law
- Retribution
- Deterrence
- Incapacitation
- Rehabilitation
- Restitution
-
What is retribution
The theory that criminals ought to somehow suffer for the crimes that they have committed
-
What are the two strands of deterrence
- Individual deterrence
- General deterrence
-
What is the difference between individual and general deterrence?
- Individual deterrence is aimed toward the specific defender
- General deterrence aims at society in general
-
What is incapacitation
Aims simply to keep criminals away from society so that society is protected from their criminal conduct
-
What is rehabilitation
Aims at transforming an offender into a valuable member of society
-
What is restitution
Its goal is to repair any hurt inflicted by the offender on the victim through state authority
-
Criminal law in England and the United states is
public law
-
Private laws deals with
relationships between individuals
-
Criminology
A branch of sociology that is the study of the causes of crime
-
What is criminalistics
The application of science to criminal investigation and encompasses forensic science
-
What is substantive criminal law
It establishes the standards of conduct required for the protection of the community
-
What is a civil wrong
A private wrong done to a person or property
-
What is a criminal wrong
One in which the state and the public have declared an interest
-
What is a tort
A civil wrong done to a person or their property
-
What is a moral wrong
A violation of a moral or religious code
-
What is the law behind the law
A moral and ethical commitment to the law
-
What is the supreme law of the United states
The U.S constitution
-
What is police power
Refers to the broad legislative power of a state to pass laws that promote public health, safety and welfare
-
What does the latin term nulla poena sine lege
No punishment without law
-
What are the three goals of democracy
- Public order
- Domestic tranquility
- Protection of the basic rights of the individuals
-
The Legislative branch
Laws are enacted
-
The Executive branch
Administer and enforce the laws
-
The judicial branch
Judges and jury determine guilt or innocence
-
The principle of legality was made part of the American law enacting
The fifth amendment
-
What is a felony
A serious crime generally punished by a year or more in prison
-
What is a misdemeanor
less serious offense that may be punished by incarceration in a local jail for a period of time less than one year
-
What is ex post facto laws
After the fact laws
-
What is a bill of attainder
A legislative act that inflicts punishment without the person having had a trial
-
What is public law
Laws that apply to all people within a state or nation
-
The Miranda rule stems from what amendment
The 5th
-
The requirement that police obtain a search warrant based on probable cause stems from what amendment
The 4th
-
The rights to have the assistance of counsel and confront witnesses against an accused are contained in what amendment
The 6th
-
What is the most recognizable goals and purposes of the criminal justice system
- Discourage and deter people from committing crimes
- Protect society from dangerous people
- Punish people who have committed crimes
- Rehabilitate people who commit crimes
-
What is the principle of legality
No act should be made criminal or punished without advance warning in the form of a legislative act
-
What is the broken window or quality of life theory
Small quality of life crimes will eventually encourage greater lawlessness
-
What are the classes of felonies
Class A-E
-
What are the classes of misdemeanors
Class A-C
-
First amendment rights
- Freedom of speech
- Freedom of religion
- Freedom to move about freely
-
Name two acts or laws forbidden by Congress
- Ex post facto laws
- Bill of Attainder
-
What is common law
The first and earliest source of criminal law
-
What is a common law crime
Crime created by judges
-
Practically all criminal laws today are
statutory laws
-
What does jurisdiction mean
Power to regulate conduct and punish an offender
-
What is the Unlawful flight statute (fugitive felon act)
This law permits federal agencies to assist in locating state fugitives who may have fled from one state another
-
What is Federal Kidnapping
Kidnapping or abduction of any person for reward or ransom when interstate transportation, or use of special maritime or territorial jurisdiction of the US is involved
-
What is Federal Conspiracy
Makes it illegal for 2 or more persons to combine or conspire either to commit any offense against the laws of the US
-
What is RICO
Racketeer Influence and Corrupt Organization
-
What are federal enclaves
Federally owned and controlled lands
-
What is piracy
The seizure of a ship or aircraft while it is underway
-
What is Mutiny
When a crew seize an aircraft or ship and revolt against lawful authority
-
What is Barratry
Unlawful acts committed by the captain or officers of a ship that are contrary to their duties
-
What is the International Criminal court
The world's first permanent war crimes court
-
What is maritime jurisdiction
Jurisdiction of the US over actions within territorial waters of the US on US ship or stateless vessels on the high seas.
-
What is martial law
A state of military control over civilian populations as declared by state or federal government
-
What is an unlawful assembly
A gathering of three or more people for any unlawful purpose or under such circumstance as to endanger the public peace or cause alarm and apprehension
-
Unlawful assembly is what type of misdemeanor
Class B
-
Inciting a riot is what type of misdemeanor
Class A
-
If convicted of Riot in the first degree
Class E felony
-
Riot in the second degree is what type of misdemeanor
Class A
-
Which threats are not protected by the first amendment
- Threats against public officials
- Threats by schoolchildren against teachers
- Terroist threats
- Violations of restraining orders
-
What is defamation
The offense of injuring the character or reputation of another by oral or written communication of false statements
-
Libel
Generally a written offense
-
Slander
Generally an oral offense
-
What is inciting
The offense of urging another to commit an unlawful act
-
What are fighting words
Communications that could either cause a public disorder or tend to cause a public disorder
-
What is the clear and present danger test
The test used to judge government restrictions on speech
-
What are the five categories of speech that the first amendment does not protect
- Obscenity
- Fighting words
- Inciting
- Defamation
- Public nuisances
-
Eight amendment
prohibits excessive bail, excessive fines, and cruel and unusual punishment
-
Furman v Georgia
Held that imposition of the death penalty without an established procedure to determine which defendant should live and which die was arbitrary and capricious
-
What kinds of people could not be given the death penalty
- Mentally retarded defendants
- Juveniles under 18
- Insane persons
-
What is capital punishment
Inflicting deadly injury as punishment for criminal conduct
-
What is corporal punishment
inflicting nondeadly physical injury as punishment for criminal conduct
-
What is substantive due process
Claims under the 14th amendment are based on state conduct that is so brutal, demeaning and harmful as to shock the conscience
-
What is the Commerce clause
It gives the federal government power to regulate actions by use of criminal laws only if the actions involve or affect interstate commerce
-
What does the Latin term Posse Comitatus mean
Power of the country
-
What is the Posse comitatus Act
it imposes limits upon the use of military troops in civil law enforcement
-
What does the 6th amendment entail
- The accused shall enjoy the right to a speedy and public trial
- The right to counsel
-
What does the 5th amendment entail
- Double jeopardy
- Nor shall be compelled in any criminal case to be a witness against himself
|
|