Criminal Justice Flashcards Chapter 6

Front 1

What are the two basic categories of law?

Back 1

Civil and Criminal

Front 2

Criminal law is divided into two types _______ and ______.

Back 2

Substantive criminal law and procedural law.

Front 3

What are the four sources of American Criminal law?

Back 3

Constitutions,Statutes,Case Law and Administrative Regulations.

Front 4

What are Ordinances?

Back 4

Laws that apply to a specific county,city,or town.

Front 5

Criminal (penal) code

Back 5

A compilation of all the criminal laws of a jurisdiction.

Front 6

Case Law

Back 6

Judicial application and interpretation of law as it applies in a given case.

Front 7

Precedents

Back 7

Previous court decisions that are followed in current cases to ensure consistency in the application of the law.

Front 8

Administrative Regulations

Back 8

Rules applied to organizations that are designed to protect public health,safety,and welfare in that marketplace.

Front 9

Consensus view

Back 9

The view that law reflects society's consensus regarding behavior that is harmful enough to warrant government intervention.

Front 10

Conflict view

Back 10

The view that an act becomes a crime only when it serves the interests of those in positions of power.

Front 11

Jurisdiction

Back 11

The authority of a state, county, or city to apply its own laws within its own territory.

Front 12

What is the purpose of the Tenth Amendment to the U.S. Constitution?

Back 12

It gives the states the power to pass laws.

Front 13

Common law

Back 13

The body of unrecorded decisions made by English judges in the Middle Ages, reflecting the values, customs and beliefs of the period.

Front 14

Due Process

Back 14

A legal protection included in the U.S. Constitution that guarantees all citizens the right to be adjudication under established law and legal procedures.

Front 15

Mens rea

Back 15

The "guilty mind" or conscious decision to commit a criminal act.

Front 16

actus reus

Back 16

The behavior that must be committed to meet the definition of a crime.

Front 17

Local and municipal laws are called______.

Back 17

Ordinances

Front 18

The common law was law made by_____.

Back 18

Judges

Front 19

The M'Naghten rule is ____.

Back 19

one of the definitions used to determine the application of the insanity defense.

Front 20

Which of the following defenses does not involve an excuse?

Entrapment
Self-defense
Mistake of fact
Insanity

Back 20

Self-defense

Front 21

Which state passed a law that permits physicians to prescribe lethal medicines to terminally ill patients near the end of their lives.

Back 21

Oregon

Front 22

Law passed by legislatures are called______.

Back 22

Statutory law

Front 23

Case law is______.

Back 23

Judge made law

Front 24

A person who has been denied a fair trial has been denied______.

Back 24

Due process of law

Front 25

Which of the following defenses is an exammple of a defense of justification?

Back 25

Mistake of fact

Front 26

The mens rea refers to the conscious decision to commit a crime and the actus reus refers to ______.

Back 26

the criminal behavior

Front 27

The law that defines the specific behaviors prohibited under the criminal law is called _____.

Back 27

Substantive criminal law

Front 28

The Jacobson case described in the text presents a case where the defense of _______ was the issue in the case.

Back 28

Entrapment

Front 29

The purpose of the entrapment defense is to ________.

Back 29

prevent the government agents from "manufacturing" crime by setting traps for unwary citizens.

Front 30

What is the defense called when a person claims to have engaged in otherwise criminal behavior because of the forces of nature?

Back 30

necessity

Front 31

Vigilantism is the term use to describe what?

Back 31

Groups who enforce a standard of conduct by takin the law into their own hands.

Front 32

Rules applied to organizations that are designed to protect public health safety, and welfare in the marketplace are called what?

Back 32

Administrative regulations

Front 33

What is the defense called when a person claims to have engaged in otherwise criminal behavior because of the forces of nature?

Back 33

necessity

Front 34

Vigilantism is the term use to describe what?

Back 34

Groups who enforce a standard of conduct by takin the law into their own hands.

Front 35

Rules applied to organizations that are designed to protect public health safety, and welfare in the marketplace are called what?

Back 35

Administrative regulations

Front 36

True/False Mistake of fact is an example of a defense of justification.

Back 36

true

Front 37

The mens rea refers to the conscious decision to commit a crime and the actus reus refers to ______.

Back 37

the criminal behavior

Front 38

The law that defines the specific behaviors prohibited under the criminal law is called _____.

Back 38

Substantive criminal law

Front 39

The Jacobson case described in the text presents a case where the defense of _______ was the issue in the case.

Back 39

Entrapment

Front 40

The purpose of the entrapment defense is to ________.

Back 40

prevent the government agents from "manufacturing" crime by setting traps for unwary citizens.

Front 41

Law passed by legislatures are called______.

Back 41

Statutory law

Front 42

A person who has been denied a fair trial has been denied______.

Back 42

Due process of law

Front 43

The actus reus of burglary is the _______.

Back 43

Unlawful entry or remaining in a building.

Front 44

Formal rules designed to maintain social control is a definition of what type of law?

Back 44

Criminal law

Front 45

The law that defines the specific behaviors prohibited under the criminal law is called...

Back 45

Substantive criminal law

Front 46

What is the view of the law that sees the law as serving the interests of those in power?

Back 46

The conflict view

Front 47

The term attendant circumstances is...

Back 47

An element of a crime that requires proof of the concurrence between the criminal act and the harm caused by the act.

Front 48

A disregard for a substantial and unjustifiable risk when the person is not aware of creating that risk is known as:

Back 48

negligence

Front 49

What is the legal term called when a person lacks the ability to consult with a layer with a reasonable degree of understandings and lacks a rational and factual understanding of legal proceedings.

Back 49

Competency

Front 50

What is duress?

Back 50

when a person is forced, or threatened by force, to commit a crime they otherwise would not have committed.

Front 51

One of the crimes of the century, where the offender was known as the Son of Sam, was committed by a defendant named:

Back 51

David Berkowitz