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Introduction to Criminal Justice Chapter 4 Flashcards

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7464165248Substantive Criminal LawBody of specific rules that declare what conduct is criminal and prescribes the punishment to be imposed for such conduct Ex: State laws0
7464165249Procedural Criminal LawSets 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 Process1
7924831205Civil LawAll law that is not criminal Ex: Divorce or other torts2
7924833681Public LawLaw that deals with the government and its relationships with individuals or other governments3
7924836890Goals 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 restoration4
7924839510Colorado's legal consent age17 years old5
7924843463Roots of US Criminal Code- The Babylonian Code of Hammurabi - The mosaic Code of the Israelites - The 12 Roman Tables6
7924843464WergildThe early Germanic societies developed legal systems featuring monetary compensation7
7924846641Mala in SeCrimes that are inherently evil and depraved Ex: Murder, arson, burglary8
7924846642Mala ProhibitumCrimes which reflect existing social and economic conditions Ex: When someone steals due to living in poverty9
7924853725Sources of Criminal LawAll law conforms to the constitution and may be influenced by judicial decision making10
7924862768Constitutional LimitsLaw 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
7924865110Strict Liability CrimesA 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 crimes12
7924865111Mens ReaA guilty mind; the intent to commit a criminal act Translates to Guilty Mind13
7924871644Actus ReusAn 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 Act14
7924871645Criminal DefensesWhen 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 act15
7924874251Excuse 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 act16
7924877947Justification 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 occupation17
7924881489Law of Criminal ProcedureConsists 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 rights18
7924885865Substantive Due ProcessRefers 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
7924887779Procedural Due ProcessSeeks 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

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