Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal Law and Procedure > Exam 1 > Flashcards

Exam 1 Flashcards

(73 cards)

Start Studying
1
Q

In a criminal case a prosecutor must prove each crime to a moral certainty of what percent

A

90%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In a civil case a prosecutor must prove each crime to a moral certainty of what percent

A

51%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The study of statutes is what kind of law

A

Substantive Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The study of the steps officers follow from the time they are called to the scene of the crime through putting the person in jail

A

Procedural Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Cannot have crime unless written for everyone to view refers to what?

A

The Principle of Legality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A defendant can be sentenced to death or imprisoned for more than one year correlates with what classification of crime

A

Felonies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Crimes that are inherently dangerous, bad, or immoral correlate with what classification of crime?

A

Malum in Se

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Crimes that are not inherently wrong, only because the prohibition is necessary to regulate the general welfare

A

Malum Prohibitum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which justification for punishment involves; Incapacitation, Specific Deterrence, and Treatment?

A

Specific Prevention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which justification for punishment involves; General Deterrence, Education of Others, and Channels Resentment?

A

General Prevention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Which justification for punishment involves; an eye for an eye

A

Retribution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The Supreme Court Case of Griswold v. Conn. relates to what part of the Federal Constitution

A

The Right of Privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Making sure that laws are precise and not too vague relates to what part of the Federal Constitution

A

The Prohibition Against Vagueness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The idea that the punishment must fit the crime relates to what part of the Federal Constitution

A

No Cruel or Unusual Punishments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Someone cannot be tried twice for the same crime in the same jurisdiction relates to what part of the Federal Constitution

A

No Double Jeopardy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The idea of going back in time and changing rules to a defendants disadvantage relates to what part of the Federal Constitution

A

No Ex Post Facto Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Legislative act that inflicts punishment without a judicial trial relates to what part of the Federal Constitution

A

No Bills of Attainder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Making something illegal only for one group of people is not allowed because of what part of the Federal Constitution

A

Equal Protection of the Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Not being able to punish an individual because of their status relates to what part of the Federal Constitution

A

No Statue Crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Judge made Law

A

The Common Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

The precedent of the Common Law

A

Stare Decisis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

One Code of crime used to modernize and bring together all 50 state laws

A

The Model Penal Code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

MN Criminal/Penal Code, United States Code

A

Modern Statutory Codes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

The criminal lawmaking to administrative agencies

A

Administrative Crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Contains one crime: Treason
U.S. Constitution
26
The one who commits the crime, pulls the trigger.
Principle in the first degree
27
The one who does not commit the crime but is present and participates
Principle in the second degree
28
Helps before the crime is committed, but never appears at the crime scene
Accessory before the fact
29
Helps after the crime by either hiding people or evidence
Accessory after the fact
30
If you are directly affiliated to the crime, you are considered...?
Parties to the Crime
31
If you are not directly affiliated to the crime, you are considered...?
Accessory after the fact
32
Doing this to avoid punishment in the future is known as what?
Withdrawal
33
Liability for crimes simply because of a relationship with the other person
Vicarious liability
34
To convict a person of a crime, evidence is needed to establish each element beyond a reasonable doubt
Prima Facie case
35
A voluntary, conscious, bodily movement done to commit a crime
Actus Reus
36
Failing to do something is known as what
Omissions
37
What are the six categories of omissions
Relationships, statutes, contract, Voluntary assumption of care, defendant created the peril, and Duty to control the conduct of others
38
What the defendant must be thinking at the time of the act
Mens Rea
39
What are the six traditional approaches to Mens Rea
Specific Intent. General Intent, Criminal Negligence, Malice, Strict Liability, and Constructive Intent
40
What are the four levels of mental states?
Purposely, Knowingly, Recklessly, and Negligence
41
This approach focuses on the particular defendant
Subjective Approach
42
This approach does not focus on the defendant, instead focuses on the average ordinary person
Objective Approach
43
'Doesn't matter if you hit/hurt the wrong person/thing, the intent was still there' refers too what
Transferred intent
44
'Wanted to kill someone, has a plan to kill someone, however they died by accident' this refers to what
Concurrence of the Act and Mental State
45
The act which produces an event, without the act the even would not have been produced
Factual Causation
46
The But/For test can be used to find what
Factual Causation
47
The death has to be a natural and probable consequence of the defendants actions
Proximate Causation
48
The 'Sphere of Risk' helps prove what
Proximate causation
49
What are the four intervening factors that break the chains of proximate causation
Acts of Nature/God, Acts by a 3rd Party, Acts of the Victim, and Preexisting Conditions
50
The unlawful killing of another human being with malice aforethought
Murder
51
What are the five requirements to malice aforthought
Intent to kill, Intent to inflict great bodily harm and victim dies, Intent to commit a felony and someone dies, Intent to resist lawful arrests, and Awareness of high risk of death.
52
'I hear it, I see it, I touch it' are all examples of what type of evidence
Direct evidence
53
'Cannot see but can infer obviously what happened' is an example of what type of evidence
Circumstantial evidence
54
Intent to kill with some reflection, deliberation, reasoning, or weighing is what degree of murder
First Degree
55
A killing with malice aforethought or awareness of a high risk death is what degree of murder
Second degree
56
First degree murder plus proof of at least one aggravating factors is what type of murder
Capital Murder
57
A killing, committed during the course of a felony
Felony Murder
58
An intentional killing with no cooling off period is known as what
Voluntary Manslaughter
59
What four common law elements drop the crime to voluntary manslaughter
Any reasonable person would lose control, defendant was provoked, provocation and killing are not long enough to have a cool off time, and defendant did not cool off,
60
The unintentional killing due to either criminal negligence, death cause during unlawful act, or doesn't amount to a felony refers to what
Involuntary Manslaughter
61
The unlawful application of force to another is defined as
Battery
62
What are the two types of assault
Attempted Battery and Placing another in fear
63
permanent disfiguring or disabling
Mayhem
64
intentional unlawful confinement or restraint of another
False Imprisonment
65
forcible movement of another
kidnapping
66
Unlawful carnal knowledge of a woman by a man, not her husband, with her effective consent
Rape
67
The requirement of convicted sex offenders to register with Law Enforcement is in place by which law
Megan's Law
68
an age under which a person cannot consent
Statutory rape
69
anal penetration
Sodomy
70
The sexual intercourse where at least one party is married to someone else
Adultery
71
The sexual intercourse where neither party is married
Fornication
72
Marriage or sex between people closely related
Incest
73
Making a promise in order to have sex
Seduction

Criminal Law and Procedure (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions