Chapter 1 Terms Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 1 Terms > Flashcards

Flashcards in Chapter 1 Terms Deck (28):
1

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

capital felony

2

protects the individual rather than societal interest

civil law

3

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

code jurisdiction

4

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

common law crimes

5

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

common law states

6

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

crime

7

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

criminal procedure

8

individual charged with a crime and who is standing trial

defendant

9

being prosecuted twice for the same crime

double jeopardy

10

sharing of power between federal and state governments. Each has

dual sovereignty

11

federal criminal statutes

federal criminal code

12

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

felony

13

punishable by between 6 and 12 months in prison

gross misdemeanor

14

deserving of shame or disgrace

infamous crimes

15

punishable by a fine

infractions

16

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

interstate commerce clause

17

crimes that are inherently evil

mala in se

18

crimes that are not inherently evil

mala prohibita

19

punishable by less than a year in prison

misdemeanor

20

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

Model Penal Code

21

punsihable by less than six months in prison

petty misdemeanor

22

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

police power

23

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

preemption doctrine

24

a state receives the comon law as an unwritten part of a state's criminal law

reception statutes

25

specific crimes, defenses, and general principles

substantive criminal law

26

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

Supremacy Clause

27

civil action for injury to an individual or to his or her property

tort

28

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

violation