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17 Cards in this Set
- Front
- Back
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How are crimes punishable?
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Under the criminal statute.
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What is the primary goal of criminal law?
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to prevent socially unacceptable behavior.
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Do both the states and the federal government have criminal codes?
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Yes.
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What are the four states of mind under mens rea?
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purposeful, knowing, reckless, and negligent.
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What are inferences?
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Conclusions that a jury or judge may make after full consideration of the facts.
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Who bears the burden of proving the defendant's mental state?
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The prosecution.
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Who can crimes be committed against?
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People, property, and the public (hate crimes, vagrancy, and disorderly conduct).
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What are crimes generally organized into?
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felonies, misdemeanors, and petty offenses.
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What is a felony's minimum jail term?
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One year.
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What is a misdemeanor's maximum jail term?
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One year.
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What is a petty offense's maximum penalty?
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Six months.
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What does not guilty mean?
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It is a factual plea that says the defendant did not commit the crime.
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What are some defenses?
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1. diminished capacity.
2. self-defense. 3. duress. The burden of prove each part is on the criminal defendant. |
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According to the Supreme Court, which amendments forbid the imposition of the death penalty on persons who were under the age of 18 when they committed their crime?
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1. The eighth
2. The fourteenth. |
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Which rights are applicable in juvenile delinquency hearings and proceedings?
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All of them, but bail.
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What are the types of dispositions available to juvenile courts?
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1. Dismissal of the case.
2. Six months' probation. 3. Wardship and probation. 4. Relative home placement. 5. Foster or group home placement. 6. Private institution placement. 7. County facility/program. 8. California Youth Authority. |
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What are the counterpoints of the juvenile to criminal:
1. Petition. 2. Detention hearing. 3. Jurisdictional hearing. 4. Dispositional hearing. |
1. charges/complaint.
2. Arriagnment. 3. Trial. 4. Sentencing. |
