Unit 1

Question 1

the first known written laws are believed to be those found on __________ in ____, one of the city states of _________.

Answer 1

clay tablets, UR, Sumeria 3

Question 2

The Code of Hammurabi consisted of _______ laws that dealt with _______(5 things)… It also defined ______ and the penalties for committing them.

Answer 2

Marriage, divorce, debt, wages, and the practice of slavery.

criminal acts 3

Question 3

the American legal code derives primarily from that of ______.

Answer 3

England. 3

Question 4

After William Normandy conquered England in 1066, he established the ____; which is a court with judges who traveled once every _____ to hear cases as representatives of the ______. The decisions of these judges and other members of the _______ created by the Normans formed a large part of _________.

Answer 4

eyre, 7 years, King, central judiciary, England’s Common Law. 4

Question 5

Under English common law the focus was on __________ and ______ rather than the ________ and _______.

Answer 5

• the violation of the King’s peace, the use of violence,

- consequences of the act, harm to the victim 4

Question 6

From the ______ century and on, enactments of _________ added specific crimes to the array of common law offenses.

Answer 6

16th, Parliament 4

Question 7

_______ replaced Common Law in the US.

Answer 7

Statutory law 4.

Question 8

Today the term _________ _ refers to the body of law that is derived from judicial decisions rather than from legislative enactment

Answer 8

common law 4

Question 9

Criminal law is different from other types of law, and from civil law in particular, because it involves a violation of ______ and _____, which create a ______ .

Answer 9

public rights, duties, social harm 4

Question 10

a violation of civil law is called a ______.

Answer 10

tort 5

Question 11

A tort maybe both an offense against the state, which is a _____, and an offense against an individual, which is a_____.

Answer 11

crime, tort 5.

Question 12

_______ criminal law identifies the components required for liability, both mental and physical.

Answer 12

Substantive. 6

Question 13

_______ criminal law dictates the methods and a means by which the state proceeds to handle the case.

Answer 13

Procedural 6

Question 14

list the 5 elements of a crime.

Answer 14

1. actus reus *
2. mens rea *
3. a unity of act and intent
4. the occurrence of harm to a person, property, or society (causation)
5. resulting social harm 6

Question 15

mens rea is ________

Answer 15

the guilty mind 6

Question 16

Under the principle of ________ no one can be punished for an act that was not defined as criminal before the person did the act.

Answer 16

legality 7

Question 17

the principle of legality has 3 corollaries…. list them.

Answer 17

1. criminal statutes should be understandable to the reasonable person.
2. criminal statutes should not delegate basic policy patterns to police, judges, and juries, for resolution on ad hoc and subjective basis.
3. judicial interpretations of ambiguous statutes should be biased in favor of the accused. 7

Question 18

the American Law Institute is an organization of _____, ______,and ______.

Answer 18

Lawyers, judges, and legal scholars. 9

Question 19

The ___________ is a comprehensive recodification of the of the principles of criminal responsibility. The ________ drafted it. It has been adopted by an overwhelming majority of the states.

Answer 19

Model Penal Code, American Law Institute 9

Question 20

the main law enforcement force in the US is the ______.

Answer 20

police force 11

Question 21

In 1996, the national police/population ration was _____ officers per 1,000 citizens.

Answer 21

2.3 11

Question 22

List the four basic police functions

Answer 22

Prevention, investigation, detection, and court preparation 11

Question 23

nationally, the _______ is charged with the responsibility of investigating federal law violations.

Answer 23

FBI 13

Question 24

The police officers court preparation often begins with the _____ and _______.

Answer 24

gathering of evidence, investigation 11

Question 25

the ____ and ______ act as independent judicial officers in trial.

Answer 25

judge, jury 14

Question 26

The chief prosecutor in the federal system is the ____________.

Answer 26

Attorney general of the United States 14.

Question 27

The judicial power of the federal courts is specified in ________.

Answer 27

Article II of the US Constitution 15

Question 28

in many jurisdictions the bailiff is a ______ where as _______ are bailiffs in federal courts.

Answer 28

deputy sherriff, US marshals. 15

Question 29

In most states the trial courts are organized by ______

Answer 29

county 16

Question 30

the inferior court often called the _________ or _______ conducts preliminary hearings in felony cases and trials involving misdemeanor or petty offenses.

Answer 30

municipal court, justice of the peace court 16

Question 31

The superior court, sometimes called the ______ or _____, is a court of ________ jurisdiction and jurisdiction over felony trials.

Answer 31

circuit, district, general 16

Question 32

14th Amendment guarantees the following down to the state level.

Answer 32

1. trial by jury 2. right to an attorney in cases in which a sentence of more than 6 months may be imposed. 3. 5th amendment including banning the prosecution fro commenting on the defendants failure to testify. 4. 4th amendment 5. see additional on page 18. 17

Question 33

community corrections include.....

Answer 33

drug rehabilitation centers, halfway houses, community service....etc 18

Question 34

what are 2 features of the correctional system which operate outside the walls of a correctional institution?

Answer 34

Probation and parole 19

Question 35

________ most frequent disposition for first time offenders in which they are supervised. Also this is used prior to sentencing and provides a _______ to the court.

Answer 35

Probation, probation report 19

Question 36

Probation is an operation of the _________ system.

Answer 36

court 19

Question 37

Perot service is an agency of the ______________ system.

Answer 37

state correctional 19

Question 38

How many courts of appeal does the federal court system have?

Answer 38

13

Question 39

Probable Cause is......

Answer 39

evidence that there is a fair probability that the suspect committed a crime. 20

Question 40

Most suspects are released after arrest and booking, either on the the accused's own ______ or on _____.

Answer 40

recognizance, bail 20

Question 41

The accused may be charged by these 3 methods:

Answer 41

- grand jury indictment - information filed by the prosecutor - criminal complaint filed by the LEO 21

Question 42

the common law rule required that a felony only be charged by a _________.

Answer 42

grand jury indictment 21

Question 43

After an indictment the defendant will appear in court for a proceeding called an ________ where they will respond to the charges and enter __________.

Answer 43

arraignment and plea hearing, guilty or not guilty plea 22

Question 44

the defendant has a right to challenge the validity of the indictment or information by moving to dismiss the charges. What are the 3 bases for dismissal?

Answer 44

1. The crime is not a violation of the jurisdiction's law 2. The facts asserted in the indictment even if true, do not constitute the crime charged. 3. No reasonable Jury could find the facts alleged on the basis of the evidence presented in the preliminary hearing. 23

Question 45

If a defendant is convicted, the judge will ordinarily order a ________ also called a ______ that provides sufficient information on which to base a sentencing decision.

Answer 45

pre-sentence or (probation) report. 24

Question 46

When the prosecution seeks the death penalty there WILL be a _________.

Answer 46

sentencing hearing will be a second trial before a judge or jury who will hear evidence of aggravating or mitigating circumstances. 24

Question 47

An appeal of criminal conviction is limited to these 4 possibilities when regarding substantive law:

Answer 47

1. The charged crime was proscribed by the legislature or the proscription is unconstitutional. 2. The evidence did not prove all the elements of the crime beyond a reasonable doubt. 3. Not all the necessary elements of the crime were alleged. 4. The jury was improperly instructed. 24

Question 48

_________ can only be brought by a prisoner who has exhausted all of the usual appellate remedies for illegal confinement.

Answer 48

Habeas Corpus 25

Question 49

Laws may be declared unconstitutional if they violate any of the following (3)

Answer 49

1. any dictate of the of the main body of the Constitution 2. any federal constitutional amendment 3. any provision of the constitution of the individual states. 35

Question 50

criminal statutes may be unconstitutional in either of 2 ways:

Answer 50

1. violation on its face (content of the law) | 2. violation by application or as applied (way its enforced by government officials). 35

Question 51

what number of justices must vote "yes" for a writ of certiorari to be granted?

Answer 51

Four justices 36

Question 52

By 1791, the states had ratified 10 of these amendments, which became known as the __________.

Answer 52

Bill of Rights 36

Question 53

The enactment of the _______ and subsequent Supreme Court rulings, applied the Bill of Rights to the states.

Answer 53

14th Amendment 36

Question 54

The only 2 exceptions to the 14th Amendment are the:

Answer 54

1. 5th amendment provision for prosecution of serious crimes ONLY by indictment 2. 8th amendment ban on excessive bail. 36

Question 55

the sources of procedural law include (5)

Answer 55

Article 1 of the Constitution, 4th, 5th, 6th, and 14th amendment 36

Question 56

A _________ is a legislative enactment that declares individuals or members of a group guilty of a crime and subject to punishment without trial.

Answer 56

bill of attainder 38

Question 57

a _______ which inflicts lesser punishment than a felony.

Answer 57

bill of pains 38

Question 58

An ex post facto law is one that: (3)

Answer 58

1. makes criminal an act done before passage of the law and punishes such action. 2. aggravates a crime, making it more serious than it had been when it was committed. 3. Inflicts a greater punishment than the law imposed when the crime was committed, OR alters legal rules of evidence allowing evidence of guilt that was lesser or different from what the law required when the offense was committed. 38

Question 59

Under the ________ of the _________, criminal statutes cannot be vague, ambiguous, or overly broad

Answer 59

due process clause, 14th amendment 40

Question 60

what are the 2 issues with overly vague criminal statues?

Answer 60

1. statutes lacking clarity violate the fair notice requirement that people are entitled to know whats forbidden so they can shape their conduct accordingly. 2. susceptible to arbitrary or discriminatory enforcement. 40

Question 61

The individual liberties, or substantive rights, specifically enumerated and expressly guaranteed within the Bill of Rights include: (5)

Answer 61

1. freedom of religion, speech, and assembly 2. right to bring grievances against the government 3. right to keep and bear arms 4. protection against cruel and unusual punishment 5. protection against unreasonable searches and seizures 42

Question 62

Is the right of the people to assemble publicly absolute?

Answer 62

NO 46

Question 63

The government has the right to restrict public assembly if it may threaten public safety, peace, and order.... The government has the right to impose reasonable restrictions on the (3)

Answer 63

time, place, and manner of assembly 46

Question 64

a test to determine whether a defendant's words pose an immediate danger of bringing about substantive evils that Congress has the right (and duty) to prevent.

Answer 64

clear and present danger test 43

Question 65

Name some types of unprotected speech:

Answer 65

- fighting words - hate speech - profanity - libelous utterances - obscenity 44

Question 66

_________ are those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Answer 66

fighting words 44

Question 67

_______ criminal law defines criminal conduct and prescribes the punishment to be imposed for such conduct.

Answer 67

substantive

Question 68

____________ is the due process requirement that people are entitled to know what they are forbidden to do so that they may shape their conduct accordingly.

Answer 68

fair notice

Question 69

Is the right to keep and bear arms absolute?

Answer 69

NO 46

Question 70

In 2010 the court held that the 2nd amendment right to bear arms is incorporated into the _________ and therefore is applicable to the _______.

Answer 70

14th Amendment Due Process Clause, states. 47

Question 71

The 8th amendment proportionality requirement affects: (3)

Answer 71

1. the grading of offenses 2. the imposition of the death penalty 3. the assessment of the validity of terms of imprisonment 47

Question 72

Although the Constitution does not expressly mention the right to privacy, the Supreme Court has held that it is implied in the following Constitutional provisions: (3)

Answer 72

1. the 1st amendment right of free association 2. the 3rd amendment dealing with the quartering of soldiers in private homes. 3. the 4th amendment ban on unreasonable searches and seizures 49

Question 73

In 1972, Roe vs Wade, the Supreme Court held that the right _________ extended to protect a women's right of abortion.

Answer 73

of privacy 49