Chapter 2 Terms Flashcards Preview

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

Flashcards in Chapter 2 Terms Deck (22)
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1
Q

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

A

bill of attainder

2
Q

first 10 amendments to the U.S. Constitution

A

Bill of Rights

3
Q

a constitutional system that limits the powers of the government

A

constitutional democracy

4
Q

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

A

equal protection

5
Q

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

A

ex post facto law

6
Q

insulting words causing a breach of the peace

A

fighting words

7
Q

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

A

First Amendment

8
Q

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

A

hate speech

9
Q

words provoking individuals to breach the peace

A

incitement to violent action

10
Q

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.

A

incorporation theory

11
Q

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

A

intermediate level of scrutiny

12
Q

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

A

libel

13
Q

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

A

minimum level of scrutiny test

14
Q

no crime without law, no punishment without law

A

nullum crimen sine lege, nulla poena sine lege

15
Q

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

A

obscenity

16
Q

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

A

overbreadth

17
Q

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

A

privacy

18
Q

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

A

rational basis test

19
Q

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

A

rule of legality

20
Q

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

A

strict scrutiny

21
Q

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

A

true threats

22
Q

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

A

void of vagueness