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)
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1
Q

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

A

constitution

2
Q

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

A

government

3
Q

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

A

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

4
Q

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

A

individual

government

5
Q

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

A

constitutional safeguards

6
Q

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

A

democratic majorities

7
Q

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

A

rule of legality

8
Q

Who developed the rules of legality?

A

common law judges

9
Q

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

A

No crime without law, no punishment without law

10
Q

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

A

bills of attainder

ex post facto

11
Q

The U.S. Constitution requires ______ ___ _______.

A

clarity of statutes

12
Q

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

A

Article I, Sections 9 and 10

13
Q

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

A

trial

14
Q

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

A

bill of attainder

15
Q

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

A

individual

group

16
Q

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

A

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

17
Q

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.

A

innocent

18
Q

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

A

aggravates

19
Q

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

A

changes
punishment
punishment

20
Q

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 ________.

A

legal rules
evidence
convict
offender

21
Q

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

A

social order

stability

22
Q

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

A

Bills of Attainder and Ex Post Facto Laws

23
Q

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

A

Bills of Attainder

24
Q

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

A

punishment

25
Q

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

A

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
Q

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

A

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

27
Q

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

A

True

28
Q

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

A

criminal

29
Q

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

A

trial

30
Q

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

A

Statutory Clarity

31
Q

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

A

void for vagueness

32
Q

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

A

statutory clarity

33
Q

What are the requirements of due process?

A
  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
Q

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

A

Shortly after the Civil War

35
Q

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

A

13th

14th

36
Q

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

A
  1. Rational basis (or minimal level scrutiny)
  2. Strict scrutiny
  3. Intermediate scrutiny
37
Q

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

A

The poor, elderly, mentally challenged, and age.

38
Q

What does strict scrutiny of equal protection address?

A

Race and ethnicity

39
Q

What does intermediate scrutiny of equal protection address?

A

Gender