Private wrongs for which you can sue the party who wronged you and recover money
Who has the burden of proof regarding criminal conduct?
An offense which is punishable by one year or more in a state prison is called a
To obtain a conviction, the prosecution must prove every element of the offense...
beyond a reasonable doubt
What are the criteria required for criminal punishment?
What theory or justification for punishment is retroactive?
Retributionists assume that
justice is best served by sending convicted offenders to prison
The assumption underlying rehabilitation theory is that...
forces beyond offenders' control cause them to commit crimes and experts using the correct therapy can reform criminals
What are a few examples of property crimes?
Fraud Arson Burglary
Criminal law is only one kind of
What part of criminal law consists of principles that apply to more than one crime?
General part of criminal law
Where is most criminal law found?
State criminal codes
What is the highest standard of proof known to the law?
beyond a reasonable doubt
What is it called when professionals make judgments based on their training, experience, and unwritten rules?
discretionary decision making
Why is common law important today
it is used by judges to help them interpret current criminal statuses
Criminal law reformers called for the abolition of common law crimes because they...
contended that law created by judges was not only disorderly and incomplete but antidemocratic
are a rapidly growing source of law
What is the most common category of crimes?
The legal rule the court has decides to apply to the facts of the cases is called the
If an appellate court affirms the decision of the court immediately below, this means that the lower court's decision is
When an appelate court overturns the decision of a trial court and sends the case back for further proceedings in accord with its decision, the appeals court has...?
reversed and remanded the trial court decision
What is the standard used by courts of appeal to determine if a sentence is "inside, just outside, or significantly outside the Guidelines range?"
The upward departure standard
What is the name of a law that criminalizes an act that was innocent when it was committed
ex post facto law
What doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws
The obscenity doctrine
Because sentencing guidelines are now advisory, appellate review of sentencing decisions is limited to determining whether they are...?
What is the level of scrutiny that most government classifications (excluding those involving fundamental rights, race, ethnicity, religion, or gender) are subjected to under equal protection?
The rational basis test
What level of scrutiny are gender classifications subject to under equal protection?
The viod-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
An unacceptable chilling effect
In Barnes v. Glen Theatre, the supreme court ruled that a state law banning totally nude dancing in public was
constitutional because it furthers a substantial government interest in protecting order and morality
According to Griswold v. Connecticut, what describes the constitutional right to privacy
A fundamental right
Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems?
In what case did the court apply the Apprendi rule to the U.S. Sentencing Guidelines?
U.S. v. Booker
The idea that punishment must fit the crime is the eighth amendment principle of...?
For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia?
Rape of an adult female
In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?
Atkins v. Virginia
When U.S. Courts of Appeal review sentences they have to consider whether a sentence is "unreasonable" in light of Guidelines and...?
the general purpose of sentencing under federal law
To what cases do opinions in cases such as Apprendi rule, Blakely and Booker apply?
Judge increased sentencing cases only
According to the U.S. Supreme Court, California's three-strikes law...?
does not violate the eighth amendment
The majority of minor cimes against public order and morals do not include?
Those crimes requiring a criminal act triggered by criminal intent are...?
Only voluntary acts qualify as criminal
Most offenses that dont require a mens rea do include what?
an attendant circumstances element
Which type of possession is it where one has physical control of banned stuff?
What refers to who we are?
The existence of a legal duty is what element of a crime?
What failures to perform legal duties are punishable as criminal omissions?
The criminal law refers to a failure to act as
Legal duties can arise from...?
statutes contracts special relationships
If there is no criminal conduct there is no criminal...?
A friend of yours puts illegal drugs into your backpack without your knowledge. This is known as
mere possession of drugs
The concurrence element means that a criminal intent has to...?
trigger the criminal act
Some serious crimes include five elements. What are those five elements?
A voluntary act The mental element Circumstantial elements Causation Criminal harm
For an omission to be a criminal act, what must exist?
A legal duty to act
cannot be a criminal act
What modern phrase comes from the ancient idea of manifest criminality?
In the plurality opinion in Powell v. Texas, the conviction for public drunkenness was...?
affirmed because Powell was not punished for being an alcoholic but for the act of being drunk in a public place
What are the two kinds of criminal omission?
failure to report failure to intervene
What are the types of culpability in the Model Penal Code?
Purposely Knowingly Recklessly Negligently
In the absence of a confession, intent must generally be proven by what type of evidence?
General intent is the intent to
have the mens rea
Proximate cause is a subjective question of fairness that appeals to the jury's sense of
In strict liability cases, the prosecution has to prove only that defendants committed a...?
voluntary criminal act that caused harm
Fault that requires a "bad mind" in the actor is called
What is the only direct evidence of a defendant's mens rea?
In the Model Penal Code, the most blameworthy state of mind is?
What form of intent is both objective and subjective?
Factual cause is also known as?
"but for" cause
What are the names of the two kinds of cause required to prove causation in "bad result" crimes?
factual cause and legal cause
Criminal liability without subjective or objective fault is also called
What case adopted and applied the general intent plus definition?
Harris v. State
Which of the the following cases involves the mental state of knowingly?
State v. Jantzi
The most common definition of specific intent is
general intent plus
The test for negligence is
The penalty for strict liability crimes generally is
mild, often with fines and no jail or prison time
A defense in which the defendant accepts responsibility for the act but claims what they did is right is called...?
A defense in which the defendant admits the act but claims that, under the circumstances, they aren't legally responsible is called
The law of self-defense is undergoing
Evidence that doesnt amount to a perfect defense might amount to an
The modern right to use force against those unlawfully entering the person's home generally
does not include defense of the cartilage
Which of the following is a key requirement of the necessity defense?
that no reasonable legal option exists for averting the harm
At the heart of the choice of evils defense is the necessity to prevent what kind of danger?
The defense of consent recognizes the societal value of
The case of The Queen v. Dudley and Stephens involves which defense
the general principle of necessity
In criminal law, insanity is
a legal concept
Insanity excuses criminal liability because
the defendant was so mentally ill they couldnt form criminal intent or control their actions
Which war led to the defense of post-traumatic stress disorder?
The Vietnam war
What is the name of the right-wrong test of insanity
The M'naughten rule
Under the M'naughten test of insanity, the defendant is legally insane at the time of the crime if, because of a mental disease or defect, he did not know that what he was doing was wrong or did not know....?
the nature and quality of the act
For purposes of insanity statutes, mental diseases do not include
psychopathic or sociopathic personalities
The defenses of insanity excuses criminal liability when it seriously damages defendant's capacity to control their acts or capacity to reason and...?
understand the wrongfulness of their conduct
What is another name for the product test?
The Durham rule
In the 1980s, the federal government and many states changed their insanity defenses after the insanity acquittal of
defendants rarely plead insanity. Those who do
The defense of diminished capacity
involves a claim that the defendant did not have mens rea for the crime charged because of a mental disease or defect
Which test focuses on defect in self-control or will?
The diminished capacity defense is available
only in a few states
At common law, children above what age were presumed to be capable of criminal intent just like adults?
Which test focuses on reason and self-control?
What is the most common form of waiver in the United States?
In most jurisdictions, to establish the duress defense, the defendant must show that the threat of harm against them was...?
Which test focuses on defect in reason or cognition?
The entrapment defense arose primarily in response to police excesses in enforcing what laws?
The subjective entrapment test is available for a defendant who can show the government
caused an otherwise reasonable and law-abiding person to commit a crime
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