Chapter 2 Terms Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 2 Terms > Flashcards

Flashcards in Chapter 2 Terms Deck (22):
1

a legislative act directed against an individual or group of individuals imposing punishment without trial

bill of attainder

2

first 10 amendments to the U.S. Constitution

Bill of Rights

3

a constitutional system that limits the powers of the government

constitutional democracy

4

the 5th and 14th amendments to the U.S. Constitution guarantee individuals equal protection of the law

equal protection

5

a law declaring an act criminal following the commission of the act

ex post facto law

6

insulting words causing a breach of the peace

fighting words

7

protects freedom of expression, assembly, and free exercise of religion and prohibits the establishment fo a religion

First Amendment

8

speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences

hate speech

9

words provoking individuals to breach the peace

incitement to violent action

10

the Due Process Clause of the 14th amendment to the U.S. Constitution is interpreted to include most of the rights contained in the Bill of Rights and extends these protections of the states.

incorporation theory

11

classifications based on gender must be factually related to differences based on gender and must be substantially related to the achievement of a valid state objective

intermediate level of scrutiny

12

a civil action for words that harm an individual's reputation

libel

13

law presumed constitutional so long as reasonably related to a valid state purpose

minimum level of scrutiny test

14

no crime without law, no punishment without law

nullum crimen sine lege, nulla poena sine lege

15

description or representation of sexual conduct that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest in sex. Sex is portrayed in a patently offensive way and lacks serious literary, artistic, political, or scientific value when taken as a whole

obscenity

16

a statute that is unconstitutionally broad and punishes both unprotected speech or conduct and protected speech or conduct

overbreadth

17

the constitutional right to be free from unjustified governmental intrusion into the sphere of personal autonomy

privacy

18

a law is presumed valid so long as it is reasonably related to a valid state purpose

rational basis test

19

individual may not be punished for an act that was not criminally condemned in a statute prior to the commission of the act

rule of legality

20

the state has the burden of demonstrating that a law employing a racial or ethnic classification is strictly necessary to accomplish a valid objective

strict scrutiny

21

threats of bodily harm directed against an individual or a group of individuals

true threats

22

a law violates due process that fails to clearly inform individuals of what acts are prohibited and/or fails to establish clear standards for the police

void of vagueness