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177 Cards in this Set

  • Front
  • Back
What case makes clear the need for punishment to make condemnation meaningful?
Chaney v. State
Private wrongs for which you can sue the party who wronged you and recover money are known as
torts
Who has the burden of proof regarding criminal conduct?
the prosecution
Defendants who have committed a ____ must be in court for their trials
felony
An offense which is punishable by one year or more in a state prison is called a...
felony
The law that says human beings seek pleasure and avoid pain is the law of...
hedonism
Who is credited with first formulating classical deterrence theory?
Bentham
The general part of criminal law consists of
principles that apply to more than one crime
To obtain a conviction, the prosecution must prove every element of the offense
beyond a reasonable doubt
Which of the following is not one of the criteria required for criminal punishment?
the penalty inflicts enough pain so the offender experiences the full extent of society's disapproval
Which of the following theories or justifications for punishment is retrospective (looks back at the crime)?
retribution
The theory of punishment that includes the idea that it is right to hate criminals and they deserved to be punished proportionate to the harm they have done is the theory of
retribution
Retributionists assume that
justice is best served by sending convicted offenders to prison
Who first formulated the theory that rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure they hope to get from committing the crime?
Jeremy Bentham
The assumption underlying rehabilitation theory is that
forces beyond offenders' control cause them to commit crimes and experts using the correct therapy can reform criminals
Since the mid-1980's, the two rationales that have dominated penal policy are
retribution and incapacitation
According to the text, which of the following is not a property crime?
vagrancy
Criminal law is only one kind of
social control
What part of criminal law consists of principles that apply to more than one crime?
general part of criminal law
What part of criminal law defines specific crimes and arranges them into groups according to subject matter?
special part of criminal law
Where is most criminal law found?
state criminal codes
Which of the following is the highest standard of proof known to the law?
beyond a reasonable doubt
When professionals make judgments based on their training, their experience, and unwritten rules, this is called
discretionary decision making
Sentencing laws that make prison release dependent on rehabilitation are called
indeterminate sentencing laws
Even in states that have codified their criminal codes, the common-law is important today because
it is used by judges to help them interpret current criminal statutes
Criminal law reformers called for the abolition of common-law crimes because they
contended that law created by judges was not only disorderly and incomplete, it was antidemocratic
Crimes and torts are similar in which of the following ways?
They both tell us what we can and can't do
Which of the following is not true of a felony crime?
a felony is never punished by imprisonment
Administrative crimes
are a rapidly growing source of law
According to the text, which is the most common category of crimes?
misdemeanor crimes
The appellant is the party who
is appealing to overturn an unfavorable decision
The legal rule the court has decided to apply to the facts of the cases is called the
holding
If an appellate court affirms the decision of the court immediately below, this means that the lower court's decision is
upheld
When an appellate court overturns the decision of a trial court and sends the case back for further proceedings in accord with its decision, the appeals court has
reversed and remanded the trial court decision
In the citation 319 N.W. 2d 459, the number 459 represents the
page where the opinion begins in a volume
The authors of the U.S. Constitution were suspicious of
power in the hands of government officials
What is the standard used by courts of appeal to determine if a sentence is "inside, just outside, or significantly outside the guidelines range?"
the abuse-of-discretion standard
According to the principle of _____ there must be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?
legality
What is the name of a law that criminalizes an act that was innocent when it was committed?
ex post facto law
The _____ doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws.
void-for-vagueness
Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
The Fifth and Fourteenth Amendments
Which Amendment to the Constitution requires that states provide equal protection of the law?
The Fourteenth Amendment
Because sentencing guidelines are now advisory, appellate review of sentencing decisions is limited to determining whether they are:
reasonable
Which Amendment to the Constitution contains the Equal Protection clause?
The Fourteenth Amendment.
Equal protection does not require that
everyone, or even all criminals, be treated exactly alike
What is the level of scrutiny that most government classifications are subject to under equal protections?
the rational basis test
What level of scrutiny are gender classifications subject to under equal protection?
heightened
Which of the following rights is guaranteed by the Fourth Amendment?
the right to freedom from unreasonable search and seizure
The U.S. Supreme Court took a "hands off" approach to sentencing procedure until what case?
Apprendi v. New Jersey (2000)
What name is given to offensive, sexually explicit material that is not protected by the First Amendment?
obscenity
A trial without a jury is called
a bench trial
The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
an unacceptable chilling effect
In Barnes v. Glen Theatre, Inc., et al. (1991), the Supreme Court rules that a state law banning totally nude dancing in public was
constitutional because it furthers a substantial government interest in protecting order and morality
Which of the following is protected by the First Amendment?
flag burning as a political protest
According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy?
a fundamental right
In Stanley v. Georgia (1969), the Supreme Court struck down a statute which made it a crime for an adult to possess what in their own home?
obscene materials
Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems?
2000
In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
U.S. v. Booker (2005)
Which of the following kind of punishments are prohibited by the Eighth Amendment?
barbaric
Which Amendment contains the ban on cruel and unusual punishment?
The Eighth Amendment
In what case did the Supreme Court rule that death by electrocution did not violate the cruel and unusual punishment clause?
In re Kemmler (1890)
The idea that punishment must fit the crime is the Eighth Amendment principle of
proportionality
In Robinson v. California (1962), the Supreme Court rules that a 90-day sentence for drug addiction was
disproportionate
For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)?
rape of an adult female
After U.S. v. Booker (2005) sentencing guidelines became
advisory
IN which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?
Atkins v. Virginia (2002)
When U.S. Court of Appeal review sentences they have to consider whether a sentence is "unreasonable" in light of the Guidelines and
the general purposes of sentencing under federal law
In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of
offenders who committed their crimes when they were under the age of 18.
To what cases do opinions in cases such as Apprendi rule, Blakely, and Booker apply?
judge increased sentencing only
According to the U.S. Supreme Court, California's three-strikes law
does not violate the Eighth Amendment
Criminal conduct consists of how many elements?
three
The majority of minor crimes against public order and morals do not include
mens rea
Criminal conduct that qualifies for criminal punishment is the definition of
criminal liability
Those crimes requiring a criminal act triggered by criminal intent are
conduct crimes
Criminal liability is defined as criminal conduct that qualifies for criminal
punishment
The requirement that attitudes have to turn into deeds is called
manifest criminality
Only voluntary acts qualify as criminal
actus reus
In the English case King v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because
her acts were done while asleep and thus were not voluntary
Most offenses that don't require a mens rea do include which of the following?
An attendant circumstances element
Drivers with dangerously high blood pressure who suffer strokes while they're driving and kill someone while the stroke has incapacitated them is an example of which of the following?
voluntarily induced involuntary act
Which doctrine imposes a legal duty to help or call for help for imperiled strangers?
the "Good Samaritan" Doctrine
Most states follow which of the following?
the American Bystander rule
Which of the following are the two kinds of criminal possession?
actual possession and constructive possession
Which type of possession is it where one has physical control of banned stuff?
actual possession
When you possess something you don't know you possess, it is called
mere possession
Which of the following refers to who we are
status
Which of the following refers to what we do
action
In Robinson v. California (1962), the Supreme Court held that Robinson's conviction must be
reversed because a person cannot be punished for a status or condition
The existence of a legal duty is what element of a crime?
attendant circumstance
What failures to perform legal duties are punishable as criminal omissions?
unreasonable
The criminal law refers to a failure to act as
an omission
A legal fiction turns what into an act, although it is really a passive state?
possession
Legal duties can arise from
statutes, contracts, and special relationships
If there is no criminal conduct, there is no criminal
liability
A friend of yours puts illegal drugs into your backpack without your knowledge. This is known as
mere possession of the drugs
What type of possession is required by most states before an act can be criminalized
knowing
The concurrence element means that a criminal intent has to
trigger the criminal act
Serious crimes that include (1) a voluntary act, (2) the mental element, and (3) attendant circumstances, (4) causation, and (5) criminal harm are also called
bad result crimes
Some serious crimes include five elements. Which of the following is not one of those elements?
omission
For an omission to act to be a crime, what must exist?
a legal duty to act
Which of the following cannot be a criminal act?
Fantasizing
What modern phrase comes from the ancient idea of manifest criminality?
caught red-handed
Which of the following is a voluntary act?
knowing possession
In the plurality opinion in Powell v. Texas (1967), the conviction for public drunkenness was
affirmed because Powell was not punished for being an alcoholic but for the act of being drunk in a public place
Which of the following are the two kinds of criminal omission?
failure to report and failure to intervene
Which of the following is not a type of culpability in the Model Penal Code?
willfulness
The mental element of a crime is called the
mens rea
In the absence of a confession, intent must generally be proven by _____ evidence
circumstantial
General intent is the intent to
have the mens rea.
Proximate cause is a subjective question of fairness that appeals to the jury's sense of
justice
Another term for criminal act is
actus reus
In strict liability cases, the prosecution has to prove only that defendants committed a
voluntary criminal act that caused harm
Mistake is a defense whenever the mistake prevents the formation of any fault-based
mens rea
The objective determination that the defendant's act triggered a chain of events that ended as the bad result is called the
cause in fact
Fault that requires a "bad mind" in the actor is called
subjective fault
The cause that either interrupts a chain of events or substantially contributes to a result is called the
intervening cause
What is the only direct evidence of a defendant's mens rea?
a confession
In the Model Penal Code, the most blameworthy state of mind is
purposely
What is the default degree of culpability where codes fail to identify a level of culpability?
recklessness
Conscious risk creation is called
recklessness
Intent to commit a criminal act as defined in a statute is known as
general intent
Liability without fault, or in the absence of mens rea, is called
strict liability
Which of the following forms of intent is both objective and subjective?
reckless
Factual cause is also known as which of the following
"but for" cause
What kind of cause occurs after the defendant's act and before the harm?
intervening cause
What are the names of the two kinds of cause required to prove causation in "bad result" crimes?
factual cause and legal cause
Failure of proof defenses are also known as
mistakes
Which kind of fault requires no purposeful or conscious bad mind in the actor?
objective fault
Criminal liability without subjective or objective fault is also called
strict liability
Which of the following statements is true regarding recklessness and negligence?
recklessness is about consciously creating risks, negligence is about unconsciously creating risks
The most common definition of specific intent is
general intent plus
According to the Model Penal Code, what is the most blameworthy mental state?
purposely
What is the only crime defined by the U.S. Constitution?
treason
The conscious creation of substantial and unjustifiable risks is the definition of
recklessness
Ignorance of facts and law ___ create a reasonable doubt that the prosecution has proved the element of criminal intent
can
A defense in which the defendant accepts responsibility for the act but claims what they did was right is called...
justification
A defense in which the defendant admits the act but claims that, under the circumstances, they aren't legally responsible is called
excuse
In many jurisdictions, affirmative defenses typically have to be proven by the defendant
by a preponderance of the evidence
Most defenses are perfect defenses, if they're successful, defendants are
acquitted
Evidence that does not amount to a perfect defense might amount to an imperfect defense; that is, defendants are
guilty of lesser offenses
The castle exception is an exception to what doctrine?
the retreat doctrine
At the heart of the choice-of-evils defense is the necessity to prevent
imminent danger
What kind of strike does the law not allow to form the basis of self-defense claims
preemptive
Which of the following cases involves the "New York Subway Vigilante"
People v. Goetz (1986)
Defensive force may be used only if the threat or danger is
imminent
The general rule is that self-defense is available only against what type of attacks?
unprovoked
A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started?
completely withdraw
In which of the following cases did the Ohio Supreme Court base its decision on the idea that a battered woman has already "retreated to the wall"?
State v. Thomas (1997)
A person can use deadly force against an attacker whom the victim reasonably believes is going to cause them an injury less than death. The attacker is said to be threatening
serious bodily injury
In some jurisdictions, a person must retreat before using defensive deadly force if
they can reasonably do so in safety
How many requirements are there to establish criminal liability
three
Which of the following cases involves the choice to commit a lesser crime to avoid an imminent threat of harm?
People v. John Gray et al (1991)
Which of the following never justifies the use of force against another person?
retaliation
The retreat requirement is weakest or non-existent when persons are attacked
in their own houses
Which doctrine holds that a person does not have to retreat if he or she didn't start the fight, even if it is safely possible?
the stand-your-ground rule
Supporters of the castle laws see them as the public reasserting...
fundamental rights
Which of the following is the majority rule?
the stand-your-ground rule
The law of self-defense is undergoing
major transformation
Evidence that does not amount to a perfect defense might amount to an
imperfect defense
The modern right to use force against those unlawfully entering the person's home generally
does not include the defense of cartilage
Which of the following is a key requirement of the necessity defense?
that no reasonable legal option exists for averting the harm
At the heart of the choice-of-evils defense is the necessity to prevent what kind of danger?
imminent dangers
At the heart of the defense of consent is the high value placed on the right to
individual autonomy
Which of the following is not one of the three elements of self-defense cases involving coinhabitants?
the defendant knew that the perpetrator had a weapon
The defense of consent recognizes the societal value of
individual autonomy
Which of the following is recognized as a valid consent defense situation in most states
the injury happens during a sporting event
To provide a valid consent defense, the consent of the victim must be
knowing and voluntary
In which of the following situations does the right to defend others not apply?
preventing a sister from having an abortion
The case of The Queen v. Dudley and Stephens (1884) involves which defense?
the general principle of necessity
Knowing consent means
the person consenting understands what she is consenting to
True/False: If there is no criminal conduct, there is no criminal liability.
True
True/False: The term actus reus refers to the act element of a crime
true
True/False: All crimes have to include a criminal act. That's why it is the first principle of criminal liability.
True
True/False: In Robinson v. California, the Supreme Court stated that it would be cruel and unusual punishment to punish someone for a disease or illness
True
True/False: Offenses that don't require a mens rea do include an attendant circumstances element
True
True/False: The general principle of actus reus includes a voluntary act.
True
True/False: Failure to file income taxes is an example of a failure to intervene crime
False