Shared Flashcard Set

Details

crim law final
na
147
Criminal Justice
Undergraduate 1
05/03/2017
Click here to study/print these flashcards.

Create your own flash cards! Sign up here.

Additional Criminal Justice Flashcards

 

 

Cards

Term
our legal system regards crimes as offenses not just against individual victims, but against society as a whole
 Definition
true
Term
a misdemeanor is considered more serious than a felony
 Definition
false
Term
in certain instances, a person may be held criminally responsible irrespective of intent
 Definition
true
Term
in the american legal system, there can be no crime, and no punishment, except as provided by law
 Definition
true
Term
the most important constitutional principle relative to criminal procedure is due process of law
 Definition
true
Term
a defendant in a criminal case is presumed innocent and to obtain a conviction the prosecution must establish guilt beyond a reasonable doubt
 Definition
true
Term
the FBI is located within the us department of justice
 Definition
true
Term
the governmental institution with responsibility for enacting laws is legislature
 Definition
true
Term
only persons accused of felonies have a constitutional right to retain lawyers for their defense
 Definition
false
Term
apellate courts are primarily fact finding bodies
 Definition
false
Term
each state has its own independent judicial system
 Definition
true
Term
according to the authors, state courts handle more than 90% of the criminal prosecutions in the us
 Definition
true
Term
crimes committed by persons in military service are ordinarily prosecuted in proceedings before courts-martial
 Definition
true
Term
despite the mandate of the 1st amendment, public assemblies may be prohibited in cases of clear and present danger to the public order or safety as long as there is imminent lawless action
 Definition
true
Term
state legislatures have frequently passed statutes impinging directly on the freedom of religion
 Definition
false
Term
one of the vices of a vague law is that it allows for arbitrary and discriminatory enforcement
 Definition
true
Term
although there is no mention of privacy in the constitution, courts have recognized a constitutional right of privacy in the areas of sex, reproduction, and family life
 Definition
true
Term
criminal laws that infringe 1st amendment freedoms are subjected to strict scrutiny by the courts
 Definition
true
Term
mala en se offenses include
 Definition
-rape
-arson
-murder
Term
which of the following crime is a misdemeanor?
 Definition
disorderly conduct
Term
the reasonable doubt standard that applies to criminal prosecutions differs markedly from the ____ standard that applies to civil cases
 Definition
preponderance of ecidence
Term
in contrast to roman law systems, which are based on legal codes, english common law developed primarily through _____
 Definition
judicial decisions
Term
when authorized by state constitution or acts of state legislatures, cities, and many counties may adopt ____ that define certain criminal violations
 Definition
ordinances
Term
an overview of the american system of criminal justice suggests fundamental constitutional principles which include all of the following except
 Definition
administrative preemption
Term
the ____ amendment to the constitution protects individuals against unreasonable searches and seizures
 Definition
fourth
Term
the ____ amendment protects individuals from compulsory incrimination
 Definition
fifth
Term
appellate courts generally follow precedent, in keeping with the common-law doctrine of ____
 Definition
stare decisis
Term
states are the primary locus of ___, which is the power to make laws in futherance of the public health, safety, welfare and morality
 Definition
the police power
Term
today the principal actors in defining crimes and punishments are
 Definition
state legislatures
Term
most fundamentally, due process requires fair notice and ____
 Definition
fair hearing
Term
to convict a person of a crime, a court must find the person guilty ____
 Definition
beyond a reasonable doubt
Term
as society becomes more cognizant of the rights of crime victims, courts are increasinngly likely to require that persons convicted of crimes ____
 Definition
make restitution
Term
community service is often required as part of a ___ whcih first-time nonviolent offenders are offered the opportunity to avoid prosecution
 Definition
pretrial diversion
Term
at the national level, the ____ is the primary agency empowered to investigate violations of federal criminal laws
 Definition
fbi
Term
federal statues are published in the ____
 Definition
united states statutes at large
Term
because statutes are necessarily written in general language, legislation often requires judicial _____
 Definition
interpretation
Term
defense attorneys perform all of the following except
 Definition
testifying on behalf of clients
Term
the official who heads the us DOJ is the _____
 Definition
attorney general
Term
in ____. the us supreme court greatly expanded the right to counsel
 Definition
gideon v. wainwright
Term
the fed govt and each of the 50 state govts maintain their own system of courts, these systems include bother trial courts and ___ courts
 Definition
appellate
Term
the supreme court has jurisdiction to review, either on appeal or by writ of ____ all the decisions of the lower fed courts and many decisions of the highest state courts
 Definition
certiorari
Term
crimes committed by persons who are ___ are ordinarily prosecuted before courts-martial
 Definition
military
Term
corrections systems include ____ agencies that supervise
 Definition
probation and parole
Term
"most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing panic"
 Definition
oliver wendell holmes JR.
Term
____ refers to any instance of hateful expression that is based on eacial, ethnic, or religious predjudice
 Definition
hate speech
Term
the ___ amendement provides that "a well regulate militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infrigned"
 Definition
second
Term
at a minimum, a law that touches on any constitutionally protected interest must be rationally related to furthering a legitimate govt interest. this is referred to as ____
 Definition
rational basis test
Term
laws that infringe fundamental rights such as the 1st amendment freedom of speech are subjected to ____ by the courts, which means that they are presumed to be unconstitutional
 Definition
strict scrutiny
Term
under our system of law, a person cannot be punished merely for an evil intention
 Definition
true
Term
in certain instances, mere possession of an item can be classified as a crime
 Definition
true
Term
in prosecuting a specific-intent crime, it is necessary that a prosecutor establish a defendants intent, but it it not necessary to establish motive
 Definition
true
Term
in a specific-intent crime, an actor intends to accomplish a particular result
 Definition
true
Term
the term mala prohibita refers to crimes involving universal wrongs
 Definition
false
Term
conspiracy is now defined by both federal and state jurisdictions
 Definition
true
Term
a person who solicits another to commit a crime would not be found guilty of solicitation if a cop intervened and prevented the completion of the crime
 Definition
false
Term
to be found guilty of conspiracy, one must join at its inception
 Definition
false
Term
conspiracy is a separate and distinct crime that does not mege into the "target offense"
 Definition
true
Term
shooting a firearm into a crowd or into an occupied house or auto is a classic example of depraved-heart-or-mind murder
 Definition
true
Term
provocation that would cause a reasonable person to lose control may be sufficient to convert an otherwise intentional killing of another to manslaughter
 Definition
true
Term
convictions for 2nd degree murder often reflect "jury pardons"
 Definition
true
Term
under english common law, the goods belonging to a person who committed suicide were forfeited tot he crown
 Definition
true
Term
many state legislatures have adopted a definition of brain death that specifies irreversible cessation of total brain functions constitutes death
 Definition
true
Term
the term "corpus delicti" refers to "strict liability offenses"
 Definition
false
Term
the supreme courts 1973 abortion decision was based on the 1st amendments free exercise clause
 Definition
false
Term
at common law, a child under 7 could not be held responsible for any crime
 Definition
true
Term
a defendant who pleads duress admits commission of the crime but denies any criminal intent
 Definition
true
Term
although entrapment was not a defense at common law, it may now be plead as a defense in both fed and state
 Definition
true
Term
when a person has a given object under his or her direct physical control, that person is said to be in ____ of that object
 Definition
actual possession
Term
where a crime requires only proof of a ____ intent, that fact finder may infer the defendants intent from circumstances surrounding the commission of the criminal act
 Definition
general
Term
having consensual sexual relations with a minor is considered a
 Definition
strict liability offense
Term
at common law, a person whose intentional conduct involved only indirect participation in a crime was classified as an ____
 Definition
accessory
Term
state penal codes often specifically provide for attempts to commit the most serious crimes such as murder. the remaining offenses are then covered by
 Definition
a general attempt statute
Term
inchoate offenses are designed ____
 Definition
all of these
Term
most american jurisdictions now define inchoate crimes by ______
 Definition
statute
Term
federal courts have recognized the requisite elements of attempt a !) an intent to engage in criminal conducts and 2) the performance fo an act that constitutes a ____
 Definition
substantial step toward the completion of the substantive offense
Term
jones paid smith $5000 to kidnap brown. en route to browns home, smiths efforts were foiled by the police. jones may be prosecuted for ____
 Definition
solicitation
Term
while the crime of solicitation merely require an enticement, the offence of ____ entails and agreement
 Definition
conspiracy
Term
conspiracy is now defined by statute in ___ jurisdictions
 Definition
both fed and state
Term
the term "corpus delicti" refers to ____
 Definition
the body of the crime
Term
the prosecution can establish premeditation in a homicide case by proving ____
 Definition
any or all of these
Term
which of the following do the authors identify as prosecutorial burdens in all homicide cases?
 Definition
both a and b
Term
at common law, ___ was the unlawful killing of another with malice aforethought
 Definition
murder
Term
____usually requires proof of gross or culpably negligent conduct that results in another's death
 Definition
involuntary manslaughter
Term
homicide is generally considered ___ when committed by accident or misfortune or in doing any other lawful act by lawful means, with usual and ordinary caustion, and without any unlawful intent
 Definition
excusable
Term
when death is inflicted by public officers in obedience to a court judgment or in discharge of certain other legal duties is considered
 Definition
justifiable
Term
which one of the following statements is incorrect?
 Definition
suicide was not regarded as a crime under early english common law
Term
in 1st degree murder case, the prosecution usually attempts to establish ___ by introducing evidence bearing on the defendants motive and state of mind
 Definition
premeditation
Term
the carnage on american highways has prompted many states to enact statutes making ____ a specific felony
 Definition
vehicular homicide
Term
which one of the following defenses does not relate to a defendants capacity to comprehend his or her actions?
 Definition
duress
Term
which of the following has been judicially recognized as a defense to criminal conduct?
 Definition
necessity
Term
which of the following statements is incorrect?
 Definition
the right of a person to defend his or her personal property is based on the same standard as the right of a person to defend his or her homeplace
Term
if consent negates the element of force, it may in some instances by a defense to ___
 Definition
forcible rape
Term
a defense that must be specifically pled is classified as an ____ defense
 Definition
affirmatice
Term
there are 4 defenses asserting the lack of capacity to commit a crime: intox, ____, insanity, and automatism.
 Definition
infancy
Term
involuntary ____ rarely occurs, but when it does, it can negate criminal intent
 Definition
intoxication
Term
was found not guilt by reason of insanity for the 1981 shooting of reagan
 Definition
John Hinckley
Term
under the ____ rule, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong
 Definition
M'Naughten
Term
a defendant who claims to have been at a place other than where the crime charged occurred would likely assert the defense of ____
 Definition
alibi
Term
The ________ Amendment of the Constitution protects individuals from unlawful searches and seizures.
 Definition
fourth
Term
The protection of the Fourth Amendment has been extended to defendants in state criminal proceedings on the basis of the ________ Amendment.
 Definition
fourteenth
Term
Routine inspections to enforce building codes and other regulations are known as ________.
 Definition
administrative searches
Term
When conducted according to standard police procedures, an ________search is generally considered an administrative search.
 Definition
inventory
Term
The Supreme Court has refused to require law officers to inform suspects of their right to refuse to ________.
 Definition
consent to search
Term
The term ________ refers to taking into custody of physical evidence, property, or even a person.
 Definition
seizure
Term
Courts have generally disapproved of blanket polices that allow ________ searches of all persons who have been arrested.
 Definition
strip
Term
An affidavit is:
 Definition
a signed document attesting under oath to certain facts of which the person has knowledge.
Term
The ________ Amendment mandates that warrants shall not be issued except those which describe the place to be searched and the persons or things to be seized.
 Definition
4th
Term
In ________, the Supreme Court ruled that evidence in plain view of a police officer is not subject to the warrant requirement.
 Definition
Harris v. United States
Term
Under ________, the use of wiretaps and other devices that permit police to intercept private communications implicates the Fourth Amendment.
 Definition
Katz v. United States (1967)
Term
The Supreme Court in Bell v. Wolfish (1979) upheld ________ of prison inmates because of the demands for institutional security.
 Definition
strip searches
Term
________ exists when prudent and cautious police officers have trustworthy information leading them to believe that evidence of crime might be obtained through a particular search.
 Definition
probable cause
Term
Rule 41 of the ________ allows a federal agent to obtain a search warrant from a federal magistrate or a judge of a state court of record within the district wherein the property or person sought is located.
 Definition
Federal Rules of Criminal Procedure
Term
Under federal law an officer executing a search warrant is required to "________" on arrival at the place to be searched.
 Definition
knock and announce
Term
In 1985 the U.S. Supreme Court said that the ________ is particularly unsuited to the unique circumstances of the school environment.
 Definition
warrant requirement
Term
________ that is seized illegally by police is not subject to being returned.
 Definition
Contraband
Term
In Wilson v. Arkansas (1995) the U.S. Supreme Court noted that police officers ________ may dispense with the knock-and-announce requirement when executing a search warrant.
 Definition
facing exigent circumstances
Term
Which one of the following is incorrect?
 Definition
The good faith exception to the exclusionary rule is applicable to both warrantless searches and searches conducted pursuant to a warrant.
Term
The courts have upheld the constitutionality of mandatory drug testing of all of the following except:
 Definition
candidates for public office.
Term
The Fourth Amendment protects individuals from searches and seizures conducted by private individuals.
 Definition
False
Term
The term "seizure" applies to any official invasion of a person's reasonable expectation to privacy.
 Definition
false
Term
according to the text, search warrants must be based on probable cause
 Definition
true
Term
Anticipatory search warrants require that probable cause exists prior to the search warrant being issued.
 Definition
false
Term
Under federal law, an officer is not required to knock and announce on arrival at the place to be searched.
 Definition
false
Term
The ________ Amendment guarantees the right to trial by jury.
 Definition
6th
Term
The group of persons summoned for jury service is referred to as the ________.
 Definition
venire
Term
Challenges to prospective jurors are made during ________.
 Definition
voir dire
Term
Questioning of prospective jurors at the outset of a trial is termed ________.
 Definition
voir dire
Term
________ became the basis for trial courts to deny the prosecution's use of peremptory challenges for the exclusion of African American jurors for a trial of a person of that race.
 Definition
Batson v. Kentucky
Term
________ evidence consists of maps, blood samples, stolen goods, and other tangible items.
 Definition
Real
Term
The admissibility of ________ evidence in criminal trials is well established.
 Definition
circumstantial
Term
________ evidence refers to an out of court statement offered into evidence by the person not making that statement to prove the truth of the matter of the statement.
 Definition
Hearsay
Term
The ________ privilege is based on the policy of promoting and preserving domestic harmony.
 Definition
marital
Term
The right of ________ is available to both the prosecutor and the defense counsel.
 Definition
cross-examination
Term
The notorious ________ was established in England in the fifteenth century to prosecute offenses outside the common law.
 Definition
Star Chamber
Term
The Sixth Amendment guarantees a defendant the right(s) to:
 Definition
compel witnesses to appear in court.
Term
In Richmond Newspapers v. Virginia (1980), the Supreme Court recognized that ________ are essential to our system of justice.
 Definition
open public trials
Term
A defendant in a criminal case has the constitutional right to self-representation if that choice is made "________."
 Definition
knowingly and intelligently
Term
The U.S. Supreme Court has ruled that the constitutional right to a jury trial extends to:
 Definition
the class of cases for which an accused was entitled to a jury trial when the Constitution was adopted.
Term
The court's objective in the jury selection process is to select jurors who can render a verdict ________.
 Definition
fairly and impartially
Term
In Swain v. Alabama (1965) the Supreme Court said that it was a violation of the Equal Protection Clause to systematically exclude someone from serving on a jury because of the person's ________.
 Definition
race
Term
In a high-profile homicide case, an Ohio jury found ________ guilty of the 1954 murder of his wife, Marilyn.
 Definition
Dr. Sam Sheppard
Term
The Supreme Court has said that an opponent of the death penalty may not serve on a jury in a death penalty case:
 Definition
if his views would prevent or substantially impair the performance of his duties as a juror.
Term
Constitutionally permissible ways for a trial judge to handle an unruly defendant include:
 Definition
all of these choices.
Term
Juveniles have a constitutional right to a trial when facing charges of delinquency in the juvenile courts.
 Definition
false
Term
A peremptory challenge is used to excuse prospective jurors without stating any reason.
 Definition
true
Term
To qualify as an expert, a witness must present proper credentials and be received by the court as an expert.
 Definition
true
Term
All courts now allow results of polygraph tests to be admitted into evidence in criminal trials.
 Definition
false
Supporting users have an ad free experience!