Chapter 3

Question 1

defines actions that the gov. can punish

Answer 1

substantive criminal law

Question 1

governs business deals, contracts, real estate, & civil harm

Answer 1

civil law

Question 2

defines the rules that govern how the laws will be enforced

Answer 2

procedural criminal law

Question 3

serious crimes, 1+ yr of prison, death penalty

Answer 3

felonies

Question 4

less serious crimes, less than 1 yr jail, probation

Answer 4

misdemeanors

Question 5

minor offenses, punishment small fines

Answer 5

civil infractions

Question 6

acts of crime fulfilled

Answer 6

attendant circumstances

Question 7

act of crime not completed; attempted or conspiracy to commit

Answer 7

inchoate/incomplete offenses

Question 8

7 principles of criminal law

Answer 8

legality, actus reus, causation, harm, concurrence, mens rea, punishment

Question 9

law that defines the specific action as a crime

Answer 9

legality

Question 10

human conduct

Answer 10

actus reus

Question 11

causal relationship between the act & the harm

Answer 11

causation

Question 12

harm to a legally protected value

Answer 12

harm

Question 13

intent & act present at the same time

Answer 13

concurrence

Question 14

guilty state of mind [accident vs crime]

Answer 14

mens rea

Question 15

provision in the law calling for punishment

Answer 15

punishment

Question 16

actions socially acceptable

Answer 16

justification defenses

Question 17

break law to save themselves or prevent greater harm (reasonably)

Answer 17

neccessity

Question 18

immediate danger or serious injury calls one to defend themselves or others (reasonably)

Answer 18

self-defense

Question 19

commit crime because they were forced to

Answer 19

duress (coercion)

Question 20

induced by police to commit crime

Answer 20

entrapment

Question 21

excuses crimes of children under age 7

Answer 21

infancy

Question 22

accused made mistake in crucial fact

Answer 22

mistake of fact

Question 23

involuntarily intoxicated

Answer 23

intoxication

Question 24

mental illness prevented the accused from forming intent

Answer 24

insanity

Question 25

defect of reason, disease of mind, "right from wrong test"

Answer 25

m'naghten rule

Question 26

mental illness controlled them even though conscious of wrongdoings

Answer 26

irresistible impulse test

Question 27

mental disease or mental defect

Answer 27

durham rule

Question 28

not able to appreciate the criminality of the act due to mental illness or disease

Answer 28

model penal code's substantial capacity test

Question 29

unable to understand wrongdoing due to mental illness [burden of proof is on defense counsel; if found incompetent committed to mental hospital]

Answer 29

comprehensive crime control act (1984)

Question 30

10 amendments added to the u.s constitution in 1791

Answer 30

bill of rights

Question 31

case decided that bill of rights protections only applied to actions by the federal gov.

Answer 31

barron v. baltimore (1833)

Question 32

persons born in the u.s are citizens & not to be deprived of life, liberty, or property without due process of law & afforded equal protection of the law

Answer 32

14th amendment

Question 33

under the due process clause, added that states will provide lawyers for defendants regardless of their ability to pay

Answer 33

powell v. alabama (1932)

Question 34

legal concept that states must meet basic standards of fairness

Answer 34

fundamental fairness

Question 35

u.s supreme court added to due process clause: 4th, 5th, 6th, 8th amendment [due process clause applied to states]

Answer 35

the due process revolution (1953)

Question 36

unreasonable search & seizure, search warrant, limits the ability of the police to use force to detain persons without proper justification

Answer 36

fourth amendment

Question 37

self-incrimination, due process, indictment by grand jury, double jeopardy

Answer 37

fifth amendment

Question 38

the right to a speedy & public trial, the right to an impartial jury, gideon v. wainwright (1963)

Answer 38

sixth amendment

Question 39

excessive bail, excessive fines, cruel & unusual punishments

Answer 39

eighth amendment

Question 40

citizens determine if there is sufficient evidence to move forward with a criminal prosecution

Answer 40

grand jury

Question 41

only applies to one jurisdiction, can be tried in state & federal court for the same offense

Answer 41

double jeopardy

Question 42

requires states to provide free attorneys to low-income defendants

Answer 42

gideon v. wainwright (1963)

Question 43

a jury should be a cross section of the community

Answer 43

impartial jury

Question 44

excessive bail

Answer 44

should be reasonable & proportionate to the alleged crime; can be denied for serious & dangerous offenses [homicide]

Question 45

excessive fines

Answer 45

should not exceed the severity of the crime; forfeited property has been considered a fine by the courts

Question 46

cruel & unusual punishments

Answer 46

should not be disproportionately more severe than the crime committed