criminal law quizlet chapter 1
Start studying Chapter 4: Criminal Law: Substance and Procedure. Superior Courts (Circuit/District Courts). We'll bring you back here when you are done. The evolution of punishment practices with time has been influenced by the underlying justification for the punishment: namely utilitarian, retributivist, or... Individualised responsibility is a particular model of responsibility found within the criminal law that aims to punish an individual for their own acts. Cram.com makes it easy to get the grade you want! ", an event that comes between the initial act in a sequence and the end result, a cause which, in natural and continuous sequence, produces the death, and without which the death would not have occurred, an intervening act or force that the law considers sufficient to override the cause for which the original wrongdoer was responsible, a defense to criminal liability whenever the mistake prevents the formation of any fault-based mental attitude— namely, purposely, knowingly, recklessly, or negligently, a criminal act triggered by criminal intent, defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified), defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did, the defendant only has to raise a reasonable doubt about the prosecution's proof of just one element in the crime. Created by judicial opinion. What distinguishes criminal from civil law? This hearing determines if there is sufficient evidence that exists against an offender to continue the criminal justice process.

Cram has partnered with the National Tutoring Association, Compare And Contrast Probation And Probation, General Fortence And The Four Types Of The Criminal Law, How Individualised Responsibility Is Reflected In The Individual Model Of Responsibility. Criminal Law for the criminal justice professional 3rd edition Lex tailons (‘’an eye for an... Give examples to enhance each of these important criminal law words. It looks like your browser needs an update.

Buy Criminal Law Chapter 1 3 Quiz And Economics Chapter 1 Quiz Quizlet Criminal Law Chapter 1 3 Quiz And Economics Chapter 1 Quiz Quizlet Reviews : You want to The crime charged is not in violation of the jurisdiction's law. Law that is created through the American state and federal legislatures. The judge in this step sear... Use LEFT and RIGHT arrow keys to navigate between flashcards; Use UP and DOWN arrow keys to flip the card; audio not yet available for this language, A penalty imposed for comiting an offense against legal rules, nullum crimin sin lege, nalla poena sin lege, no crime without law, no punishment without law. This argument against the death penalty will examine the “moderate re... Retribution is the concept that an offender should be punished in order to compensate for what he did, for his criminal offence. 3. 2. 1.1 Introduction; 1.2 Criminal Law and Criminal Procedure; 1.3 The Difference between Civil and Criminal Law; 1.4 Classification of Crimes; 1.5 The Purposes of Punishment; 1.6 Sources of Law; 1.7 End-of-Chapter Material; Chapter 2: The Legal System in the United States. According to Kent Greenwalt (1983), both retributive, as well as the utilitarian perspective in relation to justification of societal punishments were prevai... (1350)Against the Death Penalty: An Analysis of Reiman’s “Moderate” Retribution Theory Matters that are considered to be private concerns between individuals. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Results in uniform national criminal law. Conduct that unjustifiable and inexcusably in flex or threatens substantial harm to an individual or public interest, Private wrongs for which you can sue the party who wronged you and recover money, (inherently evil) offenses that require some level of criminal intent, Are crimes only because of a specific statute or ordinance that prohibits them, Crimes punishable by death or confinement in state prisons for one year to life without parole, Offenses punishable by fine and or confinement in the local jail for up to one year, Principles that apply to more than one crime, Find specific crimes in arranges them into groups according to subject matter, Crimes that make one person criminally liable for someone else's conduct, Judge made law, the original source of law, in which judges court opinions formed the law, Crimes created before legislatures existed and when social order depended on obedience to unwritten rules based on community customs and traditions that over the centuries became incorporated into court decisions, Written definitions of crime and punishment enacted by legislatures and published, Proposed criminal code drafted by the American Law Institute and used to reform criminal codes, Modern penal codes analysis of criminal liability, Analysis of statutes and cases to determine what behavior deserves criminal punishment and it's definition of criminal liability "conduct that unjustifiable and inexcusable inflicts or threatens substantial harm to an individual or public interest", Violations of federal and state agency rules that make up a controversial but rapidly growing and source of criminal law, 52 criminal codes one for each of the 50 states one for the district of Columbia and one for the US criminal code, Measured by the number of prisoners per hundred thousand people in the general population, Intentionally inflicting pain or other unpleasant consequences on another person, Penalties that meet for criteria 1) inflicts pain or other unpleasant consequences 2) prescribes a punishment in the same law that defines the crime 3) administrated intentionally 4) administrated by the state, Inflicting on offenders physical and psychological pain so that they can pay for their crimes, Punishment is the only means to a greater good usually the prevention or at least the reduction of future crime, Only someone who intends to harm her victim deserves punishment; accident don't qualify, Depends on culpability only those who deserve punishment can justly receive it, Aims by the threat of punishment to prevent the general population who haven't committed crimes from doing so, Ames by punishing already convicted offenders to prevent them from committing any more crimes in the future, Prevents convicted criminals from committing future crimes by locking them up or more rarely by altering them surgically or executing them, Aims to prevent future crimes by changing individual offenders so they'll want to play by the rules and won't commit any more crimes in the future, The natural law of human beings seek pleasure and avoid paying, The natural law of individual can to maximize pleasure minimize pain permitting human being apply natural law mechanic, Rational human beings won't commit crimes if they know the pain of punishment always the pleasure gain from committing crimes, Permits only the minimum amount of pain necessary to prevent a crime, Crime is a disease in criminals are sick in need of treatment and cure, Forces beyond offenders control cause them to commit crimes, Prison release depend on the rehabilitation of individual prisoners, Sentences depend on the criminal harm suffered by the victim not the rehabilitation of the offender, Which means that the persecution has the burden of proof when it comes to providing the criminal act and intent, To have to prove beyond a reasonable doubt every fact necessary to constitute the crime charged, Voluntary criminal acts triggered by criminal intent, Evidence that removes an actual and substantial doubt about the defenders guilt, A real insubstantial uncertain about guilt and uncertainty that would cause a reasonable person to hesitate before acting on an important matter, Cases where they cues give up their right to a jury trial and are tried by judge decides whether prosecutors have proven their guilty, Latin for body of the crime it refers to the body of the victim and homicide and to the elements of the crime in other offense, Defendants have to start matters off by putting in some evidence in support of their defense of justification and excuse, To make defendants responsible for presenting evidence in their own justification or excuse defense, Defendants have to prove their justification or excuse defense by the preponderance of evidence, More than 50% of the evidence proves justification or excuse, The invisible day to day process in which law-enforcement professionals make judgment based on unwritten rules the training and their experience, Doesn't mean it means the government didn't prove its case beyond a reasonable doubt, Wrigley not necessary for factual guilty it means the government prove its case beyond a reasonable doubt, Where the cases for the state and the defense are presented; their witnesses and physical evidence are introduced and the fact finders decide what the true story is whether the evidence all adds up to proof of guilty beyond a reasonable doubt, In most states and the federal government the two levels of appeals court and intermediate court of appeals in the Supreme Court, The courts judgment sometimes called the courts decision is how the court disposes of the case, The point of the story the court backs up its judgment by explaining how and why is it applied the law to the facts of the case, The legal rule of the court has decided to apply to the facts of the case, The reason the court gives to support it's holding, The law of the case; the opinion of the majority of the justices on the court who participated in the case, Agrees with the conclusion of either the majority or the dissenting opinion but provides different reason for reaching the conclusion, An opinion that represents the reasoning of the greatest number of the justices, The numbers, letters, and punctuation that tell you where to locate the full case report; they follow the title of the case in the excerpts or in the bibliography at the end of the book, the majority can't make a crime out of conduct protected by the fundamental rights in the U.S. Constitution, the idea that government power should be defined and limited by laws, no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime, a retroactive law that does one of three things: (1) criminalizes an act that wasn't a crime when it was committed, (2) increases the punishment for a crime after the crime was committed, or (3) takes away a defense that was available to a defendant when the crime was committed, the principle that statutes violate due process if they don't define a crime and its punishment clearly enough for ordinary people to know what is lawful (Lanzetta v. New Jersey 1939, 453), in ex post facto laws, it isn't whether the defendant knows there's a law against the act but whether an ordinary, reasonable person would know that the act is a crime, a constitutional command that criminal laws can treat groups of people and types of conduct differently only if the different treatment is reasonable, nonverbal actions that communicate ideas and feelings, protects speech guaranteed by the First Amendment by invalidating laws written so broadly that the fear of prosecution creates a "chilling effect" that discourages people from exercising that freedom, "the right of law- abiding, responsible citizens to use arms in defense of hearth and home", [The law is constitutional law as long as it is substantially related to an important government interest, such as protecting the First Amendment right to the free exercise of religion.

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