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Criminal Law Review

QuestionAnswer
what is a hard punishment? a sentence of a year or more in prison
What is the difference between compensatory and punitive damages? Compensatory damages are recovered by tort plaintiffs for their actual injuries. Punitive damages are recovered by tort plaintiffs to punish defendant for bad behavior
what is the difference between a felony and a misdemeanor? A felony is a crime punishable by death or by a 1 year to life prison sentence. A misdemeanor is crime punishable by fines or jail time for up to a year
mala in se in latin means: inherently evil
What is the purpose of administrative agencies? To help Congress regulate laws, to develop new laws,
Why is the Modern Penal Code important? The MPC defines criminal liabilty and breaks down the elements criminal behavior deserving of punishment
Name at least 4 elements of criminal liability criminal act (actus rectus), criminal intent (mens rea), concurrence, attendent circumstances, bad result (causing a criminal harm)
Name the 4 qualifications penalities have to meet in order to be considered criminal punishment: they have to inflict pain, they have to prescribe a punishment in the same law that defines the crime, they have to be administered intentionally, the state has to administer them
hedonists believe that human beings seek pleasure and avoid pain: true or false? true
True or False: a crime must be defined by law in order to be punishable true
what is a burden of proof? to have proof beyond reasonable doubt to prove the charged crime
what is every criminal presumed until they are charged? they are presumed innocent
The highest burden of proof in the U.S. justice system is: proof beyond a reasonable doubt
What is the difference between the first amendment and the fourth amendment? the first amendment is the right to free speech, religion and association and the fourth amendment is protection from unreasonable searches and seizures
true or false, barbaric punishments are still accepted in today's society false
true or false: mens rea is the mental element of a crime true
true or false: actus rectus is the physical element of a crime true
what is the difference between a criminal act and criminal conduct? a criminal act is voluntary bodily movements. Criminal conduct is a criminal act triggered by criminal intent or mens rea
Define automatism unconscious bodily movements
what is the difference between failure to report and failure to intervene? failure to report is not providing information while you are legally required to. Failure to intervene is not preventing injuries or death of a person or destruction of a property
What doctrine imposes a legal duty to help or call for help for strangers in trouble? Good Samaritan Doctrine
What happened to Kitty Genovese? why was her case important? Kitty Genovese was murdered. Her case was important because its impact started the 911 operating line for emergencies.
mens rea in latin means guilty mind
what is mens rea? the mental element of a crime
what is the difference between subjective and objective fault? subjective fault is a fault that requires a bad mind. An objective fault requires no conscious bad mind
define general intent, why is this different from specific intent? general intent is the intent to commit a criminal act. It is different from specific intent because specific intent is the general intent to commit actus rectus of a crime
What are the 4 levels of culpability of the MPC? purposely, knowingly, recklessly and negligently
purposefully is: the most blameworthy mental state
knowingly is: the mental state of awareness
recklessly is: conscious creation of a substantial and unjustifiable risk
negligently is: unconsciously creating risks
liability without fault is strict liability
a factual cause is also known as a "but for cause" true
Who was Alonza Thomas? the first juvenile to be tried and sentenced as an adult
Created by: nwood1128
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