Chapter 1 Powerpoint pt. 2 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 1 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 1 Powerpoint pt. 2 Deck (53):
1

What are the categories of crime?

1. felony
2. misdemeanor
3. mala in se
4. mala prohibita

2

a serious crime punishable by death or imprisonment for more than one year

felony

3

a more minor offense punishable by up to one year in jail

misdemeanor

4

a crime that is inherently evil

mala in se

5

a crime that is such because society has prohibited it

mala prohibita

6

True or False: a misdemeanor can last up to a year in jail

true

7

True or False: a felony can last up to one year

False; imprisonment for more than one year

8

List the different subject matters of crime.

1. Crimes against the state
2. Crimes against the person, homicide
3. Crimes against the person, sexual offenses and other crimes
4. Crimes against habitation
5. Crimes against property
6. Crimes against public order
7. Crimes against the administration of justice
8. Crimes against public morals

9

What is the foundation of American criminal law?

Common Law

10

Common Law was transported from _________ to the American colonies and was adopted by the 13 original states following the American Revolution.

England

11

Common Law was transported from England to the American colonies and was adopted by the ___ original states following the ________ _________.

13
American Revolution

12

_______ ____ was transported from England to the American colonies and was adopted by the 13 original states following the American Revolution.

Common Law

13

_______ _____ can be traced to the Norman conquest of England in 1066

Common Law

14

Common Law can be traced to the _______ ________ of ________ in 1066

Norman conquest
England

15

Common Law can be traced to the Norman conquest of England in ______

1066

16

Common Law was established in the ___th century by King William the Conqueror in ________

11
England

17

Common Law was established in the 11th century by King ________ the _________ in England.

William
Conqueror

18

When Common Law was first established it was for the purpose of providing uniform law to be _________ by English judges.

enforced

19

When Common Law was first established it was for the purpose of providing uniform law to be enforced by _______ ______.

English judges

20

Why were State Criminal Codes established?

Under the belief that citizens should have the opportunity to know the law.

21

As America and her legal code grew, _______ ____ was slowly abandoned.

common law

22

Which three states are example of common law states?

Florida, Missouri, and Arizona

23

What is a reception statute?

A statute that provides that the states “receive” the common law as an unwritten part of their criminal law.

24

Which states have reception statutes?

Florida, Missouri, and Arizona

25

What are some of the broad powers that state governments possess?

State governments possess the broad power to promote the public health, safety, and welfare of the residents of the state.

26

State police power is the "duty . . . to protect the well-being and tranquility of a _________” and to “________ acts or things reasonably thought to bring evil or harm to its people”.

community
prohibit

27

State police power is the "duty . . . to _______ the well-being and tranquility of a community” and to “prohibit acts or things reasonably thought to bring _____ or _____ to its people”.

protect
evil
harm

28

The Supreme Court proclaimed that police power includes what rights?

Includes the right to:
1. lay out zones where family values
2. youth values
3. the blessings of quiet seclusion
4. clean air make the area a sanctuary for people

29

The Model Penal Code was established in _____ for the purpose of unifying criminal law across the states.

1962

30

The ______ ______ _____ was established in 1962 for the purpose of unifying criminal law across the states.

Model Penal Code

31

The Model Penal Code was established in 1962 for what purpose?

For the purpose of unifying criminal law across the states.

32

State legislatures in formulating the content of criminal codes have been profoundly influenced by the ______ _____ _____.

Model Penal Code

33

_____ __________ in formulating the content of criminal codes have been profoundly influenced by the Model Penal Code.

State legislatures

34

State legislatures in formulating the content of _______ _____ have been profoundly influenced by the Model Penal Code.

criminal codes

35

The Model Penal Code is purely ________.

advisory

36

Roughly ___ states have adopted varying parts of the Model Penal Code.

37

37

True or False: No state has adopted the entire Model Penal Code.

True

38

Which states most closely follow the Model Penal Code?

New Jersey, New York, Pennsylvania, and Oregon.

39

As early as 1812, the U.S. Supreme Court proclaimed that federal courts were required to follow the law established by ________ and were not authorized to apply the _______ ____.

Congress
common law

40

As early as _____, the ____ ________ ______ proclaimed that federal courts were required to follow the law established by Congress and were not authorized to apply the common law.

1812
U.S. Supreme Court

41

Federal Statutes are criminal laws enacted by the ______ __________ as allowed by the U.S. Constitution.

federal government

42

________ _______ are criminal laws enacted by the federal government as allowed by the U.S. Constitution.

Federal Statutes

43

Federal Statutes are criminal laws enacted by the federal government as allowed by the ____ __________.

U.S. Constitution

44

Is this a supremacy or interstate commerce clause: federal law is superior to state law within those areas that are related to the preservation of the national government (aka the preemption doctrine)

supremacy clause

45

Is this a supremacy or interstate commerce clause: allows the federal government to regulate activity relating to interstate commerce

interstate commerce clause

46

Dual sovereignty is the sharing of powers between the ________ and _____ governments.

federal
state

47

_____ __________ is the sharing of powers between the federal and state governments.

Dual sovereignty

48

State and local laws may not regulate an area that is reserved for the _______ government.

federal

49

_______ laws may not encroach upon state power.

Federal

50

Federal laws may not encroach upon _____ power.

state

51

True or False: Laws may not infringe upon the fundamental civil and political rights of individuals regardless of circumstances.

False; Laws may only infringe upon the fundamental civil and political rights of individuals in compelling circumstances.

52

Laws must be clearly written and provide notice to ________ and to the ________ of the conduct that is prohibited.

citizens
police

53

Laws may also not be _________ and punish acts that were not crimes at the time they were committed (ex post facto).

retroactive