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7 Cards in this Set
- Front
- Back
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What are the three components to the standard of proof in criminal law?
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1. Prosecutor must persuade fact finder “beyond a reasonable doubt
2. Purpose: Reduces risk of convictions based on error 3. Difficult to define or quantify is standard |
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What is jury nullification?
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Power of the jury to nullify or ignore the law.
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What are the four defining factors of jury nullification?
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1. Even if prosecutor meets standard of proof, jury can acquit
2. Nullification is a conscious decision by the jury as a matter of conscience to acquit even the they believe the person is guilty 3. Purpose: Jury acts as the conscience of the community 4. Government can not re-prosecute if jury acquits the first time (Double jeopardy) |
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What are the two purposes of condemning criminal acts?
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1. Criminal law serves the function of condemning certain acts and behaviors
2. Expressive function: Punishment expresses society’s condemnation → By condemning the behavior and/or the person, we are also vindicating the victim. |
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What are the four justifications of punishment?
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A. Deterrence
B. Incapacitation C. Retribution D. Reform/Treatment |
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What are the three justifications for deterrence?
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1. General – Keep other would-be criminals from offending
2. Specific – Keep the specific offender from re-offending 3. To make punishment a deterrent to crime, look at (a) what is the motive to commit the crime and (b) what’s the likelihood of getting caught |
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What is the justification for incapacitation?
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1. Preventive mechanism – Incapacitate offender to keep from re-offending
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