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Universities » Virginia Commonwealth University.. » CRJS - Criminal Justice » 260 - CRIMINAL LAW » Flash Cards

exam 1 terms - Flashcards

Flashcard Deck Information

Class:	CRJS 260 - CRIMINAL LAW
Subject:	Criminal Justice
University:	Virginia Commonwealth University
Term:	Fall 2009

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legal cause

Subjective judgment as to whether its fair to blame the defendant for the result

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culpable

retribution assume that the offender is blameworthy or somehow ...

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strict liability

a crime without an intent element is called a ____ ______ crime

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proximate

legal cause is also referred to as ______ cause

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mens rea

the ___ ___ is the mental element of a crime

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concurrence

requires the mental element to have triggered the act is

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recklessness

the conscious creation of substantial and unjustifiable risks is

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strict liability

without fault, base on voluntary action alone is

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administrative crimes

violations of federal and state agency rules

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common law crimes

crimes originating in English common law

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principle of legality

bans retroactive lawmaking

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knowledge

consciously acting or causing a result

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actus reus

the ___ ___ is the act element of crime

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precedents

the doctrine of stare decisis requires that courts consider prior similar cases called

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proportionate

under the 8th amendment, punishment must be _____ to the offense

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obscenity

offensive, sexually explicit material not protected by the 1st amendment is

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negligence

the unconscious creation of substantial and unjustifiable risks is

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purpose

the specific intent to act and/or cause a criminal harm is

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culpability

blameworthiness based on mens rea is

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no fault

liability that requires neither subjective nor objective fault is

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incapacitation

punishment by imprisonment is

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fact

in many instances, mistake of ____ negates the mental element of a crime

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subjective fault

fault that requires a bad mind in the actor

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stare decisis

the principle that binds courts to stand by prior court decisions and leave unsettled points undisturbed is

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intervening cause

the cause that either interrupts a chain of events or substantially contributes to a result

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fighting

because they are likely to incite violence, ____ words are not protected by the 1st amendment

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8th amendment

cruel and unusual punishment is prohibited by the

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recklessness

involves conscious risk creation

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specific intent

is the intent that applies to elements other than the act

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cause in fact

the objective determination that the defendants act triggered a chain of events that ended as a bad result is

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general intent

intent to commit actus reus is

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ex post facto

latin for after the fact is

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1st amendment

Freedom of Speech, Press, Religion and Petition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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2nd amendment

Right to keep and bear arms
A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

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3rd amendment

Conditions for quarters of soldiers
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

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4th amendment

Right of search and seizure regulated
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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5th amendment

Provisons concerning prosecution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or prope

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6th amendment

Right to a speedy trial, witnesses, etc.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his

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7th amendment

Right to a trial by jury
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

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8th amendment

Excessive bail, cruel punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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9th amendment

Rule of construction of Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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10th amendment

Rights of the States under Constitution
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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legal cause	Subjective judgment as to whether its fair to blame the defendant for the result
culpable	retribution assume that the offender is blameworthy or somehow ...
strict liability	a crime without an intent element is called a ____ ______ crime
proximate	legal cause is also referred to as ______ cause

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mens rea	the ___ ___ is the mental element of a crime
concurrence	requires the mental element to have triggered the act is
recklessness	the conscious creation of substantial and unjustifiable risks is
strict liability	without fault, base on voluntary action alone is

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administrative crimes	violations of federal and state agency rules
common law crimes	crimes originating in English common law
principle of legality	bans retroactive lawmaking
knowledge	consciously acting or causing a result

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actus reus	the ___ ___ is the act element of crime
precedents	the doctrine of stare decisis requires that courts consider prior similar cases called
proportionate	under the 8th amendment, punishment must be _____ to the offense
obscenity	offensive, sexually explicit material not protected by the 1st amendment is

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negligence	the unconscious creation of substantial and unjustifiable risks is
purpose	the specific intent to act and/or cause a criminal harm is
culpability	blameworthiness based on mens rea is
no fault	liability that requires neither subjective nor objective fault is

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incapacitation	punishment by imprisonment is
fact	in many instances, mistake of ____ negates the mental element of a crime
subjective fault	fault that requires a bad mind in the actor
stare decisis	the principle that binds courts to stand by prior court decisions and leave unsettled points undisturbed is

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Koofers.com

intervening cause	the cause that either interrupts a chain of events or substantially contributes to a result
fighting	because they are likely to incite violence, ____ words are not protected by the 1st amendment
8th amendment	cruel and unusual punishment is prohibited by the
recklessness	involves conscious risk creation

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specific intent	is the intent that applies to elements other than the act
cause in fact	the objective determination that the defendants act triggered a chain of events that ended as a bad result is
general intent	intent to commit actus reus is
ex post facto	latin for after the fact is

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Koofers.com

1st amendment	Freedom of Speech, Press, Religion and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2nd amendment	Right to keep and bear arms A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
3rd amendment	Conditions for quarters of soldiers No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
4th amendment	Right of search and seizure regulated The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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5th amendment	Provisons concerning prosecution No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or prope
6th amendment	Right to a speedy trial, witnesses, etc. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his
7th amendment	Right to a trial by jury In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
8th amendment	Excessive bail, cruel punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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9th amendment	Rule of construction of Constitution The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th amendment	Rights of the States under Constitution The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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List View: Terms & Definitions

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	legal cause	Subjective judgment as to whether its fair to blame the defendant for the result
	culpable	retribution assume that the offender is blameworthy or somehow ...
	strict liability	a crime without an intent element is called a ____ ______ crime
	proximate	legal cause is also referred to as ______ cause
	mens rea	the ___ ___ is the mental element of a crime
	concurrence	requires the mental element to have triggered the act is
	recklessness	the conscious creation of substantial and unjustifiable risks is
	strict liability	without fault, base on voluntary action alone is
	administrative crimes	violations of federal and state agency rules
	common law crimes	crimes originating in English common law
	principle of legality	bans retroactive lawmaking
	knowledge	consciously acting or causing a result
	actus reus	the ___ ___ is the act element of crime
	precedents	the doctrine of stare decisis requires that courts consider prior similar cases called
	proportionate	under the 8th amendment, punishment must be _____ to the offense
	obscenity	offensive, sexually explicit material not protected by the 1st amendment is
	negligence	the unconscious creation of substantial and unjustifiable risks is
	purpose	the specific intent to act and/or cause a criminal harm is
	culpability	blameworthiness based on mens rea is
	no fault	liability that requires neither subjective nor objective fault is
	incapacitation	punishment by imprisonment is
	fact	in many instances, mistake of ____ negates the mental element of a crime
	subjective fault	fault that requires a bad mind in the actor
	stare decisis	the principle that binds courts to stand by prior court decisions and leave unsettled points undisturbed is
	intervening cause	the cause that either interrupts a chain of events or substantially contributes to a result
	fighting	because they are likely to incite violence, ____ words are not protected by the 1st amendment
	8th amendment	cruel and unusual punishment is prohibited by the
	recklessness	involves conscious risk creation
	specific intent	is the intent that applies to elements other than the act
	cause in fact	the objective determination that the defendants act triggered a chain of events that ended as a bad result is
	general intent	intent to commit actus reus is
	ex post facto	latin for after the fact is
	1st amendment	Freedom of Speech, Press, Religion and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
	2nd amendment	Right to keep and bear arms A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
	3rd amendment	Conditions for quarters of soldiers No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
	4th amendment	Right of search and seizure regulated The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
	5th amendment	Provisons concerning prosecution No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or prope
	6th amendment	Right to a speedy trial, witnesses, etc. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his
	7th amendment	Right to a trial by jury In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
	8th amendment	Excessive bail, cruel punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
	9th amendment	Rule of construction of Constitution The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
	10th amendment	Rights of the States under Constitution The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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