7464165248 | Substantive Criminal Law | Body of specific rules that declare what conduct is criminal and prescribes the punishment to be imposed for such conduct Ex: State laws | 0 | |
7464165249 | Procedural Criminal Law | Sets out the basic rules of practice in the criminal justice system. The steps taken to process a case or mechanics of how a legal case flows through the system. Follows the person's rights, such as Due Process | 1 | |
7924831205 | Civil Law | All law that is not criminal Ex: Divorce or other torts | 2 | |
7924833681 | Public Law | Law that deals with the government and its relationships with individuals or other governments | 3 | |
7924836890 | Goals of Substantive Criminal Law | - To enforce social control - Distribute retribution (Punishment/revenge for victim) - Express public opinion and morality - Deter criminal behavior - Punish wrongdoing - Maintain social order - Provide restoration | 4 | |
7924839510 | Colorado's legal consent age | 17 years old | 5 | |
7924843463 | Roots of US Criminal Code | - The Babylonian Code of Hammurabi - The mosaic Code of the Israelites - The 12 Roman Tables | 6 | |
7924843464 | Wergild | The early Germanic societies developed legal systems featuring monetary compensation | 7 | |
7924846641 | Mala in Se | Crimes that are inherently evil and depraved Ex: Murder, arson, burglary | 8 | |
7924846642 | Mala Prohibitum | Crimes which reflect existing social and economic conditions Ex: When someone steals due to living in poverty | 9 | |
7924853725 | Sources of Criminal Law | All law conforms to the constitution and may be influenced by judicial decision making | 10 | |
7924862768 | Constitutional Limits | Law have been interpreted as violating the constitution if: - they're too vague - they make a person's status a crime - Cruel and capricious (Unpredictable/changeable) - Bill of Attainder (Punishing a group or individual and determining they are guilty without trial) - Ex Post Facto Law (A law that is passed after the fact that criminalizes and action that was legal when it was committed) | 11 | |
7924865110 | Strict Liability Crimes | A certain statutory offense in which Mens Rea is not essential. The simple act of doing the crime without the intention of breaking the law Ex: Traffic Crimes, Public Safety crimes (Crimes that affect the general public and are not directed at one person)(Ex: Public indecency), Business crimes | 12 | |
7924865111 | Mens Rea | A guilty mind; the intent to commit a criminal act Translates to Guilty Mind | 13 | |
7924871644 | Actus Reus | An illegal act, or failure to act when legally required Physical acts that make up elements of the crime. If there is no Actus Reus, then no crime was committed Translates to Guilty Act | 14 | |
7924871645 | Criminal Defenses | When people defend themselves from criminal charges, they must refute either Actus Reus (Saying they did not commit the crime) or Mens Reus (Saying the should be excused or are incapable of intending to commit the crime) They may also try to justify their act | 15 | |
7924874251 | Excuse Defenses | -Duress: They were forced to commit the crime as the only means of preventing death to himself or others -Insanity: State of mind negates criminal responsibility -Intoxication: Only a defense if they were involuntarily intoxicated under duress or by mistake -Age: Generally for a child under 7 -Entrapment: If law enforcement used traps, decoys, or deception to induce a criminal act | 16 | |
7924877947 | Justification Defenses | -Consent: Depends on the crime but if consent was given -Self-defense: Must prove that he acted with a reasonable belief that he was in imminent danger and had no reasonable means of escape -Necessity: When a crime was committed under extreme circumstances and couldn't be avoided -Law enforcement: Crime committed in the line of a first responder occupation | 17 | |
7924881489 | Law of Criminal Procedure | Consists of the rules and procedure that govern the pretrial processing of suspects and the conduct of criminal trials. Main source is the constitution and the bill of rights | 18 | |
7924885865 | Substantive Due Process | Refers to the citizen's right to be protected from criminal laws that may be biased, discriminatory, or otherwise unfair Asks, are the laws fair and reasonable? | 19 | |
7924887779 | Procedural Due Process | Seeks to ensure that no person will be deprived of life, liberty, or property without proper and legal criminal process. Asks, is the government using fair procedures? | 20 |
Introduction to Criminal Justice Chapter 4 Flashcards
Primary tabs
Need Help?
We hope your visit has been a productive one. If you're having any problems, or would like to give some feedback, we'd love to hear from you.
For general help, questions, and suggestions, try our dedicated support forums.
If you need to contact the Course-Notes.Org web experience team, please use our contact form.
Need Notes?
While we strive to provide the most comprehensive notes for as many high school textbooks as possible, there are certainly going to be some that we miss. Drop us a note and let us know which textbooks you need. Be sure to include which edition of the textbook you are using! If we see enough demand, we'll do whatever we can to get those notes up on the site for you!