Penal Delta Flashcards
(26 cards)
What is the main purpose of criminal law?
To define conduct that is forbidden and to punish those who violate these laws.
True or False: In criminal law, the burden of proof lies with the defendant.
False
Fill in the blank: The principle of __________ states that no one can be punished under a law unless it was in effect at the time of the offense.
nullum crimen, nulla poena sine lege
What is the difference between a felony and a misdemeanor?
Felonies are more serious crimes punishable by imprisonment for more than one year, while misdemeanors are less serious crimes punishable by less than one year.
What is the legal term for a crime that is punishable by death?
Capital offense
True or False: Intent is not a necessary element in establishing criminal liability.
False
What is mens rea?
The mental state or intent of a person when committing a crime.
Multiple Choice: Which of the following is NOT a type of homicide? A) Manslaughter B) Murder C) Embezzlement D) Justifiable Homicide
C) Embezzlement
What does the term ‘actus reus’ refer to?
The physical act of committing a crime.
Fill in the blank: An act that is not a crime but is punishable by law is called a __________.
civil infraction
True or False: A conspiracy to commit a crime requires an agreement between two or more persons.
True
What is the significance of the ‘exclusionary rule’?
It prevents the use of evidence obtained in violation of a defendant’s constitutional rights.
Multiple Choice: Which of the following is a defense to criminal liability? A) Insanity B) Negligence C) Recklessness D) Intent
A) Insanity
What is the legal definition of ‘self-defense’?
The use of reasonable force to protect oneself from imminent harm.
True or False: Double jeopardy prohibits an individual from being tried for the same crime twice.
True
What is the purpose of plea bargaining?
To allow defendants to plead guilty to lesser charges in exchange for a lighter sentence.
Fill in the blank: The __________ doctrine allows for the use of deadly force to protect oneself in certain situations.
stand your ground
What does ‘reasonable doubt’ refer to?
The standard of evidence required to validate a criminal conviction.
True or False: The presumption of innocence means that a defendant is assumed guilty until proven innocent.
False
What is the definition of ‘larceny’?
The unlawful taking of someone else’s personal property with the intent to permanently deprive them of it.
Multiple Choice: Which of the following is considered a white-collar crime? A) Burglary B) Fraud C) Assault D) Robbery
B) Fraud
What is ‘prosecutorial discretion’?
The authority of a prosecutor to decide whether to bring a criminal charge or to drop a case.
Fill in the blank: __________ is the legal process of bringing a criminal case against someone.
Prosecution
True or False: A defendant can be found guilty even if there is no physical evidence against them.
True
