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CRJ101: Intro to Criminal Justice > Chapter 3: Criminal Law > Flashcards

Chapter 3: Criminal Law Flashcards

1
Q

Nature and Purpose of Law

A

control emotions, curb behavior, and set regulations

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1
Q

Law

A

mandates/prescribes a certain behavior, product of rule creation

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2
Q

What is statutory law?

A

“law on the books”, written and codified laws

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3
Q

What is penal code?

A

written, organized, and compiled form of criminal laws

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4
Q

Case law

A

act as a guide for future decision making through interpretation, from judicial decisions

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5
Q

Common law

A

laws that orginate from usage and customs rather than written

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6
Q

Rule of law? Importance?

A

believes that society must be governed by rules that all citizens and authroties follow equally
- allowed large groups of coordinated people to work together

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7
Q

Elements of the Rule of law (4)

A

freedom of private lawlessness, due process
high degree of objectivity
legal devices for obtaining objectives
limitations of governmental power

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8
Q

Jurisprudence

A

philosophy of law, or science and study of law

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9
Q

4 types of laws

A

Civil, Administrative, Case, Procedural

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10
Q

Civil law (Governs who? Examples)

A

governs relationship among people, business, and organizations
Ex. contracts, divorces, child support

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11
Q

What is tort?

A

wrongful act or damage that does not involve a breach of contract

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12
Q

Administrative law (Governs who? Example?)

A

body of regulations that governments create control within the business
Ex. tax laws, building codes

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13
Q

Precedent

A

principle of law that ensures previous legal case decisions are considered in future similar cases

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14
Q

Stare decisis meaning

A
  • standing by decided matters
    requires subsequent cases of similar issue courts be bound to earlier decisions
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15
Q

Procedural law

A

specifies methods to be used in enforcing laws

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16
Q

5 General categories of crime

A

Felonies, Misdemeanors, Offenses (Infractions), Treason/Espionage, Incohate offenses

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17
Q

Define felonies, examples, punishment

A

serious crime punishable by death or incarceration in prison for at least one year
Ex. murder, rape, aggravated assault

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18
Q

Define misdemeanors, examples, punishment

A

minor crimes, incarceration of typically one year or less
Ex. petty theft, simple assault, breaking and entering

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19
Q

Infraction, examples, punishment

A

minor violation of statute/ordinance, punishable by fine
Ex. jaywalking, littering, traffic violation

20
Q

Define Treason/Espionage

A

Treason- US citizens actions to help foreign entity overthrow, make war, or harm US (Edward Snowden)

Espionage- gathering, transmitting, or losing info related to national defense

21
Q

Difference between Treason + Espionage

A

Treason is conducted by a US citizen, Espionage is anyone worldwide

22
Q

Inchoate Offense

A

offense that has not yet been committed, but action or steps have been
Ex. conspiracy, attempts, solicitation

23
Q

General features of crime

A

Actus reus, mens rea, concurrence

24
Q

Actus reus

A

-criminal act
-person must commit voluntary act for it to be considered a crime
-point gun and threaten

25
Q

Mens rea

A
  • a guilty mind
  • state of mind of the defendant at the time of the crime
  • 4 levels
26
Q

4 levels of mens rea

A

purposeful,knowing, reckless, neglient

27
Q

Reckless behavior, examples

A

partaking in an activity that increases the risk of harm (Ex. reckless driving)

28
Q

Knowing, examples

A

undertaking an actions with awareness (Ex. dui arrests)

29
Q

Purposeful meaning

A

action undertaken to achieve a goal

30
Q

Negligent, examples

A

behavior in which a person fails to perceive substantial risks of dangerous actions (Ex. leaving child in hot car)

31
Q

Motive

A

persons reason for committing the crime, not the same as men’s rea

32
Q

strict liability, examples

A

offense in which, even if not intentional, person does something that violates (ex. routine traffic stop)

33
Q

Concurrence

A

requires that mens rea and actus reus occur together for a crime to take place

34
Q

Causation, example

A

concurrence of guilty mind and criminal act may cause harm
-Shooting victim survives, dies 1 year later due to clot…. defense: defendant did not kill

35
Q

Legality

A

states that behavior is not criminal if there is not a law defining it as criminal

36
Q

Ex post facto

A

prohibits laws created after a crime cannot be used to punish crimes committed prior

37
Q

Elements of specific criminal offense (4)

A
  1. unlawful killing
  2. of a human being
  3. intention
  4. planning, malice aforethought
38
Q

2 aspects of corpus delicti

A
  1. certain result has been produced= crime
  2. person is criminally responsible for the crime
39
Q

Alibi

A

claim that defendant did not commit crime due to them being elsewhere
Ex. photos, plane ticket, phone data

40
Q

Justification

A

claim of moral high ground, attempting to avoid greater harm than what could have occured

41
Q

Self defense

A

infliction of harm in order to ensure persons own safety is secure

42
Q

Reasonable force in self-defense

A

idea that degree of force is proportional to situation

43
Q

Explain resisting an unlawful arrest

A

states may have a law that permits civilians to use reasonable amounts of force to resist an unlawful arrest or search, IF an officer uses or attempts to use greater force than necessary

44
Q

Explain “excuses”

A

claims that the defendant who enaged in act is not legally responsible for their actions and should not be held accountable

45
Q

Duress

A

excuse that claims a threat or cohersion by another convinced someone to act in a way they typically would not

46
Q

Mistake

A

excuse that states the defendant did not understand the law or fact

47
Q

Involuntary intoxication

A

excuse that claims a person may have been tricked into consuming drugs
-spiked
-difficult to prove

48
Q
A

CRJ101: Intro to Criminal Justice (7 decks)

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