Flashcards in Unit 1 Deck (73):
the first known written laws are believed to be those found on __________ in ____, one of the city states of _________.
clay tablets, UR, Sumeria 3
The Code of Hammurabi consisted of _______ laws that dealt with _______(5 things)... It also defined ______ and the penalties for committing them.
Marriage, divorce, debt, wages, and the practice of slavery.
criminal acts 3
the American legal code derives primarily from that of ______.
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 _________.
eyre, 7 years, King, central judiciary, England's Common Law. 4
Under English common law the focus was on __________ and ______ rather than the ________ and _______.
-the violation of the King's peace, the use of violence,
-consequences of the act, harm to the victim 4
From the ______ century and on, enactments of _________ added specific crimes to the array of common law offenses.
16th, Parliament 4
_______ replaced Common Law in the US.
Statutory law 4.
Today the term _________ _ refers to the body of law that is derived from judicial decisions rather than from legislative enactment
common law 4
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 ______ .
public rights, duties, social harm 4
a violation of civil law is called a ______.
A tort maybe both an offense against the state, which is a _____, and an offense against an individual, which is a_____.
crime, tort 5.
_______ criminal law identifies the components required for liability, both mental and physical.
_______ criminal law dictates the methods and a means by which the state proceeds to handle the case.
list the 5 elements of a crime.
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
mens rea is ________
the guilty mind 6
Under the principle of ________ no one can be punished for an act that was not defined as criminal before the person did the act.
the principle of legality has 3 corollaries.... list them.
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
the American Law Institute is an organization of _____, ______,and ______.
Lawyers, judges, and legal scholars. 9
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.
Model Penal Code, American Law Institute 9
the main law enforcement force in the US is the ______.
police force 11
In 1996, the national police/population ration was _____ officers per 1,000 citizens.
List the four basic police functions
Prevention, investigation, detection, and court preparation 11
nationally, the _______ is charged with the responsibility of investigating federal law violations.
The police officers court preparation often begins with the _____ and _______.
gathering of evidence, investigation 11
the ____ and ______ act as independent judicial officers in trial.
judge, jury 14
The chief prosecutor in the federal system is the ____________.
Attorney general of the United States 14.
The judicial power of the federal courts is specified in ________.
Article II of the US Constitution 15
in many jurisdictions the bailiff is a ______ where as _______ are bailiffs in federal courts.
deputy sherriff, US marshals. 15
In most states the trial courts are organized by ______
the inferior court often called the _________ or _______ conducts preliminary hearings in felony cases and trials involving misdemeanor or petty offenses.
municipal court, justice of the peace court 16
The superior court, sometimes called the ______ or _____, is a court of ________ jurisdiction and jurisdiction over felony trials.
circuit, district, general 16
14th Amendment guarantees the following down to the state level.
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
community corrections include.....
drug rehabilitation centers, halfway houses, community service....etc 18
what are 2 features of the correctional system which operate outside the walls of a correctional institution?
Probation and parole 19
________ 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.
Probation, probation report 19
Probation is an operation of the _________ system.
Perot service is an agency of the ______________ system.
state correctional 19
How many courts of appeal does the federal court system have?
Probable Cause is......
evidence that there is a fair probability that the suspect committed a crime. 20
Most suspects are released after arrest and booking, either on the the accused's own ______ or on _____.
recognizance, bail 20
The accused may be charged by these 3 methods:
-grand jury indictment
-information filed by the prosecutor
-criminal complaint filed by the LEO 21
the common law rule required that a felony only be charged by a _________.
grand jury indictment 21
After an indictment the defendant will appear in court for a proceeding called an ________ where they will respond to the charges and enter __________.
arraignment and plea hearing, guilty or not guilty plea 22
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?
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
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.
pre-sentence or (probation) report. 24
When the prosecution seeks the death penalty there WILL be a _________.
sentencing hearing will be a second trial before a judge or jury who will hear evidence of aggravating or mitigating circumstances. 24
An appeal of criminal conviction is limited to these 4 possibilities when regarding substantive law:
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
_________ can only be brought by a prisoner who has exhausted all of the usual appellate remedies for illegal confinement.
Habeas Corpus 25
Laws may be declared unconstitutional if they violate any of the following (3)
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
criminal statutes may be unconstitutional in either of 2 ways:
1. violation on its face (content of the law)
2. violation by application or as applied (way its enforced by government officials). 35
what number of justices must vote "yes" for a writ of certiorari to be granted?
Four justices 36
By 1791, the states had ratified 10 of these amendments, which became known as the __________.
Bill of Rights 36
The enactment of the _______ and subsequent Supreme Court rulings, applied the Bill of Rights to the states.
14th Amendment 36
The only 2 exceptions to the 14th Amendment are the:
1. 5th amendment provision for prosecution of serious crimes ONLY by indictment
2. 8th amendment ban on excessive bail.
the sources of procedural law include (5)
Article 1 of the Constitution, 4th, 5th, 6th, and 14th amendment 36
A _________ is a legislative enactment that declares individuals or members of a group guilty of a crime and subject to punishment without trial.
bill of attainder 38
a _______ which inflicts lesser punishment than a felony.
bill of pains 38
An ex post facto law is one that: (3)
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
Under the ________ of the _________, criminal statutes cannot be vague, ambiguous, or overly broad
due process clause, 14th amendment 40
what are the 2 issues with overly vague criminal statues?
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
The individual liberties, or substantive rights, specifically enumerated and expressly guaranteed within the Bill of Rights include: (5)
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
Is the right of the people to assemble publicly absolute?
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)
time, place, and manner of assembly 46
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.
clear and present danger test 43
Name some types of unprotected speech:
_________ are those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
fighting words 44
_______ criminal law defines criminal conduct and prescribes the punishment to be imposed for such conduct.
____________ 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.
Is the right to keep and bear arms absolute?
In 2010 the court held that the 2nd amendment right to bear arms is incorporated into the _________ and therefore is applicable to the _______.
14th Amendment Due Process Clause, states. 47
The 8th amendment proportionality requirement affects: (3)
1. the grading of offenses
2. the imposition of the death penalty
3. the assessment of the validity of terms of imprisonment 47
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)
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