Chapter 1 Powerpoint pt.1 Flashcards Preview

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

Flashcards in Chapter 1 Powerpoint pt.1 Deck (48):
1

________ ____ is the foundation of the criminal justice system.

Criminal law

2

Law defines the ________ that may lead to an arrest.

conduct

3

_____ defines the conduct that may lead to an arrest.

Law

4

Law defines the conduct that may lead to an _______.

arrest

5

States condemn a range of acts and/or specific activities in their _______ ______.

criminal codes.

6

What is the most common thing commentators stress as the important feature of a crime?

It's an act that is officially condemned by the community and carries a sense of shame and humiliation.

7

What is crime?

Crime is whatever the law declares to be a criminal offense and punishes with a penalty.

8

Crime is whatever the law declares to be a _______ ________ and punishes with a penalty.

criminal offense

9

Crime is whatever the law declares to be a criminal offense and punishes with a ________.

penalty

10

______ is whatever the law declares to be a criminal offense and punishes with a penalty.

Crime

11

______ is subject to formal condemnation by a judge and jury representing the people in a court of law.

Crime

12

Crime is subject to formal condemnation by a ______ and _____ representing the people in a court of law.

judge
jury

13

Professor Henry M. Hart Jr. defines crime as “conduct which, if . . . shown to have taken place” will result in the “formal and solemn pronouncement of the ______ condemnation of the ____________.”

moral
community

14

Professor ______ ___. _____ ___. defines crime as “conduct which, if . . . shown to have taken place” will result in the “formal and solemn pronouncement of the moral condemnation of the community.”

Henry M. Hart Jr.

15

What is the difference between civil and criminal law purposes?

Civil law is that branch of the law that protects the individual rather than the public interest.
Criminal law is to help maintain social order and stability.

16

Civil law is that branch of the law that _______ the __________ rather than the public interest.

protects
individual

17

A legal action for a _____ wrong is brought by an individual rather than by a state prosecutor.

civil

18

A legal action for a civil wrong is brought by an __________ rather than by a state prosecutor.

individual

19

Civil and criminal actions are characterized by different legal ___________.

procedures

20

Civil wrong is established with a preponderance of the evidence or roughly ___% certainty.

51

21

A legal action for a criminal wrong is brought by a ___________.

prosecutor

22

Conviction of a crime requires the high standard of ______ _______ __ ___________ ______.

proof beyond a reasonable doubt.

23

The high standard of proof in criminal cases reflects the fact that a criminal conviction may result in a loss of ______ and significant damage to an individual’s _________ and standing in the _________.

liberty
reputation
community

24

What type of burden of proof does a criminal or civil case require?

Criminal Cases: Beyond Reasonable Doubt
Civil Cases: By a Preponderance of the Evidence

25

_____ is a civil wrong of harm committed against a person or a person’s property.

Tort

26

Tort is a civil wrong of harm committed against a _______ or a person’s ________.

person
property

27

The primary purpose or function of the _______ law is to help maintain social order and stability.

criminal

28

The primary purpose or function of the criminal law is to help maintain ______ ______ and _______.

social order
stability

29

List the key aspects of the criminal legal code in New York.

1. prevent harm
2. provide warning of criminal acts
3. define criminal acts
4. distinguish seriousness of criminal acts
5. impose punishments
6. ensure victims’ interests are represented in the process

30

What is the difference between substantive and procedural law?

Substantive Criminal Law: what law is enforced
Procedural Criminal Law: how the law is enforced

31

What is latin for a criminal act?

actus reus

32

What is latin for a criminal intent?

mens rea

33

_________-act must cause the harm required

Causation

34

Causation-

act must cause the harm required

35

Responsibility-____ and ______ must be defined in the statute

act
intent

36

____________-act and intent must be defined in the statute

Responsibility

37

Responsibility-act and intent must be defined in the _______

statute

38

Defenses- _____ is not imposed in the act, was shown to be either justified or excused

guilt

39

Defenses- guilt is not imposed in the act, was shown to be either ________ or _______

justified
excused

40

________- guilt is not imposed in the act, was shown to be either justified or excused

Defenses

41

List the principles of criminal law.

1. Substantive Criminal Law
2. Procedural Criminal Law
3. Criminal Act
4. Criminal Intent
5. Causation
6. Responsibility
7. Defenses

42

Is this civil or criminal law: suing a mechanic who breaches a contract against you

civil law

43

Is this civil or criminal law: suing a failing landlord

civil law

44

Is this civil or criminal law: If the landlord failed an entire apartment complex

criminal

45

Is this civil or criminal law: A drunk driver who hits your car faces both criminal and civil persecutions.

Both; civil for your car damage, & criminal for driving recklessly

46

_______ and ____________ are the most distinct way of categorizing crime.

Felonies
Misdemeanors

47

True or False: Violations and Infractions are so minor that imprisonment is often prohibited.

True

48

The constitution states that "moral" crime violations can lead to ___________.

deportation