Criminal Justice

37 cards

Criminal Justice


 
  
Created Feb 7, 2010
by
dori21

 

 
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1
What are the four key themes of criminal justice?
 
  1. Individual Rights vs Public Safety

2
What is discretion?
 
  • Discretion refers to the authority of an actor...

3
A system in Europe that doesn't use discretion is....
 
Principle of Legality
4
What is the difference between factual and legal guilt?
 
Factual guilt is whether or not someone actually committed a crime and legal guilt is whether...
5
What is civil law?
 
  • A form of private law because it governs...

6
What is criminal law?
 
  • A form of public law designed to...

7
What are the percents of reasonable doubt for civil and criminal law?
 
Civil Law - 50%
Criminal Law - 90%
8
Why can a person be tried in both criminal and civil courts for the same crime?
 
  • The prohibition against double jeopardy applies...

9
  •  What...

 
Federalism
10
What are the sources of law?
 
Constitutions, case law, and statutes
11
What are the traditional goals of "doing justice"?
 
  • Rights...

12
What must the law balance when it comes to moral dilemmas?
 
Utility and values (can't say non liquet - It's not clear because the state has a duty to solve...
13
What is a legal system
 

14
What are the two approaches to crime and how are they different?
 
Reaction -
15
What are the thirteen stages of Decision Making?
 
  1. Investigation

16
What is the Crime Control Model?
 
A model that values the repression of criminal conduct, focus on factual guilt, focus more...
17
What is the Due Process Model?
 
A model that focuses more on individual rights, freedoms, and liberties, focus more on legal...
18
When does a crime occur?
 
  • A...

19
What is substantive criminal law?
 

20
What is procedural criminal law?
 

21
What is the difference between delicta mala in se and delicte mala prohibita?
 
Mala in se -
22
What is natural law?
 
  • Fundamental...

23
What are felonies, misdemeanors, and infractions?
 
  • Felonies:...

24
What are the characteristics of criminal law?
 
Politicality, specificity, uniformity, penal sanction/intervention
25
What is politicality?
 
  • Only...

26
What is specificity?
 
  • Everybody...

27
What is uniformity?
 
  • Evenhanded...

28
What is penal sanction/ Intervention?
 
  • Law...

29
What are the elements of a crime?
 
Act with concurrence of mens rea that causes harm
30
What is Actus Reus?
 
Human conduct - speech, attempt, conspiracy, Failure to act can be conduct, Voluntariness
31
What is mens rea?
 
  • State...

32
What are the four levels of mens rea?
 
  • Purposeful...

33
What is strict liability?
 
  • Intent/Mens...

34
_____ and _______ must occur at the same time to have concurrence?
 
Act and State of Mind
35
What are the most common defenses and what are their definitions?
 
Alibi (somewhere else), affirmative defense (did the crime but it was justified), burden of...
36
What are the different types of justification?
 
Self-defense, battered woman syndrome, entrapment, necessity, duress
37
What are the four reasons that kids can use immaturity as a defense and shouldn't be tried...
 

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