Chapter 2 powerpoint pt. 1 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 2 powerpoint pt. 1 > Flashcards

Flashcards in Chapter 2 powerpoint pt. 1 Deck (39):
1

Our system of government is based on a ___________ that limits the power of government.

constitution

2

Our system of government is based on a constitution that limits the power of ____________.

government

3

Why did the founding fathers finding their form, constitutional democracy, necessary?

They felt it was necessary due to the harshness of British colonial rule.

4

The constitution was designed to protect the rights of the ___________ against the tyrannical tendencies of ___________.

individual
government

5

The founding fathers realized that individuals require ____________ ___________ against the political passions and intolerance of democratic majorities.

constitutional safeguards

6

The founding fathers realized that individuals require constitutional safeguards against the political passions and intolerance of ___________ _________.

democratic majorities

7

The first principle of American jurisprudence is the _____ ___ ________.

rule of legality

8

Who developed the rules of legality?

common law judges

9

Rules of Legality: "Nullum crimen sine lege, nulla poena sine lege"; what does this mean?

No crime without law, no punishment without law

10

The U.S. Constitution bans ____ ___ ________ and ___ _____ _____ laws.

bills of attainder
ex post facto

11

The U.S. Constitution requires ______ ___ _______.

clarity of statutes

12

What article and section of the U.S. Constitution are bills of attainder and ex post facto laws located?

Article I, Sections 9 and 10

13

A bill of attainder is a legislative act that punishes an individual or a group of persons without the benefit of a _____.

trial

14

A ____ __ _______ is a legislative act that punishes an individual or a group of persons without the benefit of a trial.

bill of attainder

15

A bill of attainder is a legislative act that punishes an ________ or a _____ of persons without the benefit of a trial.

individual
group

16

What is ex post facto? How do ex post facto laws work?

Arresting someone for a crime that prior to arrest was not illegal.
Ex post facto laws make the previous stated process illegal.

17

Categories of ex post facto laws: Every law that makes an action, done before the passing of the law, and was _________ when done, criminal; and punishes such action.

innocent

18

Categories of ex post facto laws: Every law that __________ a crime, or makes it greater than it was, when committed.

aggravates

19

Categories of ex post facto laws: Every law that _________ the ___________, and inflicts a greater ___________, than the law annexed to the crime, when committed.

changes
punishment
punishment

20

Categories of ex post facto laws: Every law that alters the ______ ______ of __________, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to _______ the ________.

legal rules
evidence
convict
offender

21

According to the U.S. Constitution, an individual's rights and liberties must be balanced against the need for _______ ______ and _________.

social order
stability

22

The Rule of Legality is reflected in what two constitution principles?

Bills of Attainder and Ex Post Facto Laws

23

The _____ __ _________ were established to protect Americans from arbitrary punishment.

Bills of Attainder

24

The Bills of Attainder were established to protect Americans from arbitrary ___________.

punishment

25

What is the different between bills of attainder and the ex post facto laws?

A bill of attainder punishes a specific individual or specific individuals.
An ex post facto law criminalizes an act that was legal at the time the act was committed.

26

True or False: A bill of attainder is limited to criminal punishment

False; A bill of attainder is not limited to criminal punishment and may involve any disadvantage imposed on an individual

27

True or False: ex post facto laws are limited to criminal punishment.

True

28

An ex post facto law is enforced in a ________ trial.

criminal

29

An ex post facto law is enforced in a criminal _____.

trial

30

Due process requires that criminal statutes should be drafted in a clear and understandable fashion.

Statutory Clarity

31

A statute that fails to meet the standard of statutory clarity is unconstitutional on the grounds that it is _____ ___ _________.

void for vagueness

32

A statute that fails to meet the standard of ________ ______ is unconstitutional on the grounds that it is void for vagueness.

statutory clarity

33

What are the requirements of due process?

1. Individuals receive notice of criminal conduct
2. Police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior
3. Individuals are not deprived of life, liberty, or property without due process of law

34

When was Equal Protection inserted into the U.S. Constitution?

Shortly after the Civil War

35

Equal Protection was guaranteed by the __th and __th amendments of the U.S. Constitution.

13th
14th

36

What are the three levels of analysis (of scrutiny) for equal protection?

1. Rational basis (or minimal level scrutiny)
2. Strict scrutiny
3. Intermediate scrutiny

37

What does rational basis (minimal level scrutiny) of equal protection address?

The poor, elderly, mentally challenged, and age.

38

What does strict scrutiny of equal protection address?

Race and ethnicity

39

What does intermediate scrutiny of equal protection address?

Gender