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exam 1 terms - Flashcards

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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
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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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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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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 legal causeSubjective judgment as to whether its fair to blame the defendant for the result
 culpableretribution assume that the offender is blameworthy or somehow ...
 strict liabilitya crime without an intent element is called a ____ ______ crime
 proximatelegal cause is also referred to as ______ cause
 mens reathe ___ ___ is the mental element of a crime
 concurrencerequires the mental element to have triggered the act is
 recklessnessthe conscious creation of substantial and unjustifiable risks is
 strict liabilitywithout fault, base on voluntary action alone is
 administrative crimesviolations of federal and state agency rules
 common law crimescrimes originating in English common law
 principle of legalitybans retroactive lawmaking
 knowledgeconsciously acting or causing a result
 actus reusthe ___ ___ is the act element of crime
 precedentsthe doctrine of stare decisis requires that courts consider prior similar cases called
 proportionateunder the 8th amendment, punishment must be _____ to the offense
 obscenityoffensive, sexually explicit material not protected by the 1st amendment is
 negligencethe unconscious creation of substantial and unjustifiable risks is
 purposethe specific intent to act and/or cause a criminal harm is
 culpabilityblameworthiness based on mens rea is
 no faultliability that requires neither subjective nor objective fault is
 incapacitationpunishment by imprisonment is
 factin many instances, mistake of ____ negates the mental element of a crime
 subjective faultfault that requires a bad mind in the actor
 stare decisisthe principle that binds courts to stand by prior court decisions and leave unsettled points undisturbed is
 intervening causethe cause that either interrupts a chain of events or substantially contributes to a result
 fightingbecause they are likely to incite violence, ____ words are not protected by the 1st amendment
 8th amendmentcruel and unusual punishment is prohibited by the
 recklessnessinvolves conscious risk creation
 specific intentis the intent that applies to elements other than the act
 cause in factthe objective determination that the defendants act triggered a chain of events that ended as a bad result is
 general intentintent to commit actus reus is
 ex post factolatin for after the fact is
 1st amendmentFreedom 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 amendmentRight 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 amendmentConditions 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 amendmentRight 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 amendmentProvisons 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 amendmentRight 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 amendmentRight 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 amendmentExcessive bail, cruel punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
 9th amendmentRule 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 amendmentRights 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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