Chapter 1

Question 1

Purpose of limiting criminal law

Answer 1

to balance the interests of people and society while preventing abuses by gov’t and police

Question 2

Criminal Cases

Answer 2

regulates wrongs against society

Question 3

Civil Cases

Answer 3

private wrongs

Question 4

(Civil Law) Contract

Answer 4

marriage/divorce, lease, wills

Question 5

(Civil Law) Tort

Answer 5

Wrong where a duty violated causes harm

king supers ice example

Question 6

Constitutional Limits (4)

Answer 6

Notice of what is wrong, Due process, Equal protection, Cannot pass laws violating speech, religion, etc.

Question 7

Limits of punishments

Answer 7

8th amendment cruel and unusual punishments

Question 8

Retribution

Answer 8

Eye for and eye tooth for a tooth

Question 9

General Deterrence

Answer 9

deters all citizens from committing crime

Question 10

Specific Deterrence

Answer 10

deters specific individuals convicted of crime

Question 11

Rehabilitation

Answer 11

programs to transform offender into contributor of society

Question 12

Incapacitation

Answer 12

locking up criminals to keep them from committing crime

Question 13

Felony

Answer 13

punishable by one year or more

Question 14

Misdemeanor

Answer 14

punishable by 6 months to a year

Question 15

Malum in se

Answer 15

considered evil crime

Question 16

Malum prohibitum

Answer 16

not morally wrong but statute says it is; traffic offenses

Question 17

Sources of Criminal Law (5)

Answer 17

constitution, statutes, common law, administrative regulations, case law

Question 18

Precedent

Answer 18

prior appellete court decision used to guide the judge to deciding his current case

Question 19

Stare Decisis

Answer 19

applying prior precedent

Question 20

Criminal Code

Answer 20

statutes passed by congress/legislation

Question 21

What is Crime?

Answer 21

criminal act AND punishment