Criminal law Midterm

  1. What are the five main goals of criminal law
    • Retribution
    • Deterrence
    • Incapacitation
    • Rehabilitation
    • Restitution
  2. What is retribution
    The theory that criminals ought to somehow suffer for the crimes that they have committed
  3. What are the two strands of deterrence
    • Individual deterrence
    • General deterrence
  4. What is the difference between individual and general deterrence?
    • Individual deterrence is aimed toward the specific defender
    • General deterrence aims at society in general
  5. What is incapacitation
    Aims simply to keep criminals away from society so that society is protected from their criminal conduct
  6. What is rehabilitation
    Aims at transforming an offender into a valuable member of society
  7. What is restitution
    Its goal is to repair any hurt inflicted by the offender on the victim through state authority
  8. Criminal law in England and the United states is
    public law
  9. Private laws deals with
    relationships between individuals
  10. Criminology
    A branch of sociology that is the study of the causes of crime
  11. What is criminalistics
    The application of science to criminal investigation and encompasses forensic science
  12. What is substantive criminal law
    It establishes the standards of conduct required for the protection of the community
  13. What is a civil wrong
    A private wrong done to a person or property
  14. What is a criminal wrong
    One in which the state and the public have declared an interest
  15. What is a tort
    A civil wrong done to a person or their property
  16. What is a moral wrong
    A violation of a moral or religious code
  17. What is the law behind the law
    A moral and ethical commitment to the law
  18. What is the supreme law of the United states
    The U.S constitution
  19. What is police power
    Refers to the broad legislative power of a state to pass laws that promote public health, safety and welfare
  20. What does the latin term nulla poena sine lege
    No punishment without law
  21. What are the three goals of democracy
    • Public order
    • Domestic tranquility
    • Protection of the basic rights of the individuals
  22. The Legislative branch
    Laws are enacted
  23. The Executive branch
    Administer and enforce the laws
  24. The judicial branch
    Judges and jury determine guilt or innocence
  25. The principle of legality was made part of the American law enacting
    The fifth amendment
  26. What is a felony
    A serious crime generally punished by a year or more in prison
  27. 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
  28. What is ex post facto laws
    After the fact laws
  29. What is a bill of attainder
    A legislative act that inflicts punishment without the person having had a trial
  30. What is public law
    Laws that apply to all people within a state or nation
  31. The Miranda rule stems from what amendment
    The 5th
  32. The requirement that police obtain a search warrant based on probable cause stems from what amendment
    The 4th
  33. The rights to have the assistance of counsel and confront witnesses against an accused are contained in what amendment
    The 6th
  34. 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
  35. What is the principle of legality
    No act should be made criminal or punished without advance warning in the form of a legislative act
  36. What is the broken window or quality of life theory
    Small quality of life crimes will eventually encourage greater lawlessness
  37. What are the classes of felonies
    Class A-E
  38. What are the classes of misdemeanors
    Class A-C
  39. First amendment rights
    • Freedom of speech
    • Freedom of religion
    • Freedom to move about freely
  40. Name two acts or laws forbidden by Congress
    • Ex post facto laws
    • Bill of Attainder
  41. What is common law
    The first and earliest source of criminal law
  42. What is a common law crime
    Crime created by judges
  43. Practically all criminal laws  today are
    statutory laws
  44. What does jurisdiction mean
    Power to regulate conduct and punish an offender
  45. 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
  46. 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
  47. 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
  48. What is RICO
    Racketeer Influence and Corrupt Organization
  49. What are federal enclaves
    Federally owned and controlled lands
  50. What is piracy
    The seizure of a ship or aircraft while it is underway
  51. What is Mutiny
    When a crew seize an aircraft or ship and revolt against lawful authority
  52. What is Barratry
    Unlawful acts committed by the captain or officers of a ship that are contrary to their duties
  53. What is the International Criminal court
    The world's first permanent war crimes court
  54. 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.
  55. What is martial law
    A state of military control over civilian populations as declared by state or federal government
  56. 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
  57. Unlawful assembly is what type of misdemeanor
    Class B
  58. Inciting a riot is what type of misdemeanor
    Class A
  59. If convicted of Riot in the first degree
    Class E felony
  60. Riot in the second degree is what type of misdemeanor
    Class A
  61. Which threats are not protected by the first amendment
    • Threats against public officials
    • Threats by schoolchildren against teachers
    • Terroist threats
    • Violations of restraining orders
  62. What is defamation
    The offense of injuring the character or reputation of another by oral or written communication of false statements
  63. Libel
    Generally a written offense
  64. Slander
    Generally an oral offense
  65. What is inciting
    The offense of urging another to commit an unlawful act
  66. What are fighting words
    Communications that could either cause a public disorder or tend to cause a public disorder
  67. What is the clear and present danger test
    The test used to judge government restrictions on speech
  68. What are the five categories of speech that the first amendment does not protect
    • Obscenity
    • Fighting words
    • Inciting
    • Defamation
    • Public nuisances
  69. Eight amendment
    prohibits excessive bail, excessive fines, and cruel and unusual punishment
  70. 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
  71. What kinds of people could not be given the death penalty
    • Mentally retarded defendants
    • Juveniles under 18
    • Insane persons
  72. What is capital punishment
    Inflicting deadly injury as punishment for criminal conduct
  73. What is corporal punishment
    inflicting nondeadly physical injury as punishment for criminal conduct
  74. 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
  75. 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
  76. What does the Latin term Posse Comitatus mean
    Power of the country
  77. What is the Posse comitatus Act
    it imposes limits upon the use of military troops in civil law enforcement
  78. What does the 6th amendment entail
    • The accused shall enjoy the right to a speedy and public trial
    • The right to counsel
  79. What does the 5th amendment entail
    • Double jeopardy
    • Nor shall be compelled in any criminal case to be a witness against himself
Card Set
Criminal law Midterm
Criminal law Midterm