Chapter 1 Terms

Question 1

Capital Felony

Answer 1

punishable by the death penalty or by life imprisonment in states without the death penalty.

Question 2

Civil Law

Answer 2

protects the individual rather than societal interest.

Question 3

Code Jurisdiction

Answer 3

the only punishable acts or omissions are those that are contained in the state criminal code.

Question 4

Common Law

Answer 4

law derived from judicial decisions instead of from legislative statutes.

Question 5

Common Law Crimes

Answer 5

crimes developed by the common law judges in England and supplemented by acts of Parliament and decrees issued by the king.

Question 6

Common Law States

Answer 6

the common law may be applied where the legislature has not acted.

Question 7

Crime

Answer 7

conduct that, if shown to have taken place, will result in a formal and solemn pronouncement of the moral condemnation of the community.

Question 8

Criminal Procedure

Answer 8

investigation and detection of crime by the police and the procedures used at trial.

Question 9

Defendant

Answer 9

individual formally charged with a crime who is facing trial.

Question 10

Double Jeopardy

Answer 10

being prosecuted more than once for the same offense.

Question 11

Dual Sovereignty

Answer 11

sharing of power between federal and state governments. Each has different interests that permit both a state and a federal prosecution for the same crime.

Question 12

Federal Criminal Code

Answer 12

federal criminal statutes.

Question 13

Felony

Answer 13

crime punishable by death or by imprisonment for more than one year.

Question 14

Gross Misdemeanor

Answer 14

punishable by between 6 and 12 months’ incarceration.

Question 15

Infamous Crimes

Answer 15

deserving of shame or disgrace.

Question 16

Infractions

Answer 16

offenses punishable by a fine.

Question 17

Interstate Commerce Clause

Answer 17

constitutional power of U.S. Congress to regulate commerce among the states.

Question 18

Mala in se

Answer 18

crimes that are inherently evil.

Question 19

Mala prohibita

Answer 19

crimes that are not inherently evil:

Question 20

Misdemeanor

Answer 20

punishable by less than a year of incarceration.

Question 21

Model Penal Code

Answer 21

an influential criminal code drafted by prominent academics, practitioners, and judges affiliated with the American Law Institute to encourage state legislatures to adopt a uniform approach to the criminal law.

Question 22

Petty Misdemeanors

Answer 22

punishable by less than six months’ incarceration.

Question 23

Police Power

Answer 23

duty to protect the well-being and tranquility of the community.

Question 24

Precedent

Answer 24

a judicial opinion that controls the decision of a court presented with the same issue. A court may conclude that a precedent does not fully fit the case it is adjudicating and distinguish the case before it from the existing precedent.

Question 25

Preemption Doctrine

Answer 25

federal law is superior to state law in areas reserved to the national government.

Question 26

Reception Statutes

Answer 26

a state receives the common law as an unwritten part of a state’s criminal law.

Question 27

Substantive Criminal Law

Answer 27

specific crimes, defenses, and general principles.

Question 28

Supremacy Clause

Answer 28

the clause in the U.S. Constitution that provides that federal laws take precedence over state laws.

Question 29

Tort

Answer 29

civil action for injury to an individual or to the individual’s property.

Question 30

Violations

Answer 30

minor crimes punishable by fines and not subject to imprisonment. Also called infractions.